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HomeMy WebLinkAboutItem A: Action on Ordinance Concerning Public Smoking Facilities ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Smoking Areas; Amending Sections 6.225, 6.230, 6.235, and 6.240 of the Eugene Code, 1971; Repealing Section 6.232 of that Code; and Adding Section 6.245 to that Code Meeting Date: September 28, 2005 Agenda Item Number: A Department: Planning and Development Staff Contact: Keli Osborn www.eugene-or.gov Contact Telephone Number: 682-5288 ISSUE STATEMENT Existing standards for designated outdoor smoking areas, currently in an administrative rule adopted in 2001, have been identified for revision to better reflect the council’s intent to protect employees and patrons from the effects of second-hand smoke in places of employment and public places. BACKGROUND The City Council discussed outdoor smoking areas in work sessions held February 28 and September 12, 2005, and held a public hearing on September 26. The City Council also took action in February to adopt an ordinance extending the no-smoking area around entrances and openings to publicly owned buildings from 10 to 25 feet. In May, the council adopted a prohibition on smoking in newly permitted outdoor smoking areas. The prohibition, also referred to as a “moratorium,” is due to expire October 30. A public hearing is scheduled for October 10 on a proposed ordinance with an immediate effective date that would extend this prohibition to 12:01 a.m. on December 31, 2005, unless new standards are adopted beforehand. RELATED CITY POLICIES The council has adopted goals for sustainable community development and a healthy natural and built environment. COUNCIL OPTIONS 1. Adopt the ordinance that was the subject of the September 26, 2005, public hearing, as proposed or with modest revisions. 2. Request the City Manager to proceed with revisions to the Smoking Prohibited Administrative Rule to implement new standards for outdoor smoking areas and to prepare appropriate ordinance revisions. 3. Leave the existing administrative rule and City Code as they are. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 2. L:\CMO\2005 Council Agendas\M050928\S050928A.doc SUGGESTED MOTION Move to request the City Manager to revise Administrative Rule 6.230 to implement new standards for outdoor smoking areas and to prepare ordinance revisions as appropriate, within a timeframe that allows new standards to be in place before December 31, 2005. If the council chooses to take action the ordinance: Move to adopt an ordinance concerning smoking areas; amending sections 6.225, 6.230, 6.235, and 6.240 of the Eugene Code, 1971; repealing Section 6.232 of that Code; and adding Section 6.245 to that Code. ATTACHMENTS A. Existing Tobacco Products and Smoking Ordinance B. Existing Smoking Prohibited Administrative Rule C. Draft Ordinance Concerning Smoking Areas D. Summary of Standards for Outdoor Smoking Areas E. Outline for Public Outreach FOR MORE INFORMATION Staff Contact: Keli Osborn Telephone: 682-5288 Staff E-Mail: keli.m.osborn@ci.eugene.or.us L:\CMO\2005 Council Agendas\M050928\S050928A.doc ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT B ATTACHMENT C ORDINANCE NO. ________ AN ORDINANCE CONCERNING SMOKING AREAS; AMENDING SECTIONS 6.225, 6.230, 6.235, AND 6.240 OF THE EUGENE CODE, 1971; REPEALING SECTION 6.232 OF THAT CODE; AND ADDING SECTION 6.245 TO THAT CODE. The City of Eugene does ordain as follows: Section 1 . Section 6.225 of the Eugene Code, 1971, is amended by amending the introductory clause, and the definition for “Bar;” and adding a definition for “Outdoor smoking area,” to provide: 6.225 Definitions . For the purposes of sections 6.230 to [6.240] 6.245 of this code, the following words and phrases mean: Bar or tavern. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages. Outdoor Smoking Area. Any portion of a bar, tavern, or restaurant, open to outside air at all times, that either: (a) Has no roof or other overhead covering at all, regardless of the percentage of walls or sides that may be closed; or (b) Is enclosed by no more than 50 percent by walls or other side coverings if it is also enclosed by a roof or other overhead covering. Walls and side coverings within ten feet of any portion of an outdoor smoking area shall be considered as walls or side coverings enclosing the space. Section 2 . Subsection (2)(o) of Section 6.230 of the Eugene Code, 1971, is amended to provide: 6.230 Smoking Prohibited in Public Places and Places of Employment . (2) Smoking is prohibited in all public places and all places of employment within the city, including, but not limited to the following: (o) Within a reasonable distance, of not less than ten feet, of any entrance, operable window, or other opening to any enclosed area where smoking is prohibited. Section 3 . Section 6.232 of the Eugene Code, 1971, is repealed. [6.232 Smoking Prohibited in Public Structures. In addition to the prohibitions in section 6.230 of this code, smoking is prohibited in all structures to which the public is invited or permitted and in all structures under the control of a public or private employer, except in structures that, as of March 1, 2005, met both of the following requirements: (a) The structure was authorized by a building permit, if required, and construction had actually begun; and (b) Smoking was lawful in the structure or space covered by the structure.] Section 4 . Subsection (1) of Section 6.235 of the Eugene Code, 1971, is amended to provide: 6.235 Smoking Prohibited - Enforcement . (1) In every building or enclosed area in which smoking is prohibited by section 6.230 of this code, a “No Smoking” sign shall be conspicuously posted by the owner, manager, or other person having control of the building or area. In an outdoor smoking area, a sign shall be posted to inform patrons that smoking is prohibited within 10 feet of the door between the outdoor smoking area and the interior portion of the bar, tavern, or restaurant. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code. Section 5 . Subsection (e) of Section 6.240 of the Eugene Code, 1971, is amended to provide: 6.240 Smoking Prohibited - Exceptions . The restrictions set forth in sections 6.230 and 6.235 of this code do not apply to: (e) [Designated smoking entrances.] Outdoor smoking areas. Section 6 . Section 6.245 of the Eugene Code, 1971, is added to provide: 6.245 Legal Nonconforming Situations. An outdoor smoking area that was legally established but that no longer complies with the standards in sections 6.230 to 6.240 of this code shall be considered a legal nonconforming use for a period of one year from the effective date of this ordinance. During this period, no nonconforming outdoor smoking area may be expanded, intensified or moved, nor may it be altered in a manner which increases its nonconformity. No later than one year from the effective date of this ordinance, all outdoor smoking areas must comply with the standards in sections 6.230 to 6.240 of this code. Section 7. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained Ordinance - 2 L:\CMO\2005 Council Agendas\M050928\S050928A-attC.doc herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of ____________, 2005. ____ day of_____________, 2005. _______________________________ ______________________________ City Recorder Mayor Ordinance - 3 L:\CMO\2005 Council Agendas\M050928\S050928A-attC.doc ATTACHMENT D Summary of Standards for Outdoor Smoking Areas Location Recommended ? Food- and beverage-service establishments. Outdoor smoking areas cannot allow smoking within 10 feet of building openings. Degree of openness, walls, coverings, screens & enclosures Recommended ? Outdoor smoking areas with roof or overhead cover must have at least 50 percent of walls or sides open to the outside air, with no coverings or screens on open sides. Outdoor smoking areas without roof or overhead cover could have all sides enclosed. Alternatives ? Current openness standard is 25 percent of sides open to the outside air, with less clarity about covers and screens. ? Openness standard could be increased beyond 50 percent of open sides for roofed smoking areas and beyond 0 percent of sides for non-roofed areas. Legal, nonconforming status Recommended ? Provide owners and managers maximum of one year to bring existing outdoor smoking areas that comply with current standards into compliance. Alternatives ? Provide legal, nonconforming status to existing, compliant outdoor smoking areas. ? Provide a longer or shorter timeframe for existing outdoor smoking areas to achieve compliance. ? Find a way to provide financial assistance for building permit fees that would be required for existing, compliant outdoor smoking areas to achieve compliance. Ventilation Recommended ? Side and overhead dimensions counted as open must not be covered with screens and other barriers. Alternatives ? Allow mechanical systems as a substitute for area openings. ? Allow employers and employees to enter agreements about employee assignment to smoking areas. Administrative Rule & City Code Recommended ? Revise Smoking Prohibited Administrative Rule to incorporate new standards for outdoor smoking areas; revise City Code as needed to provide policy direction. Alternatives ? Maintain current City Code language and administrative rule. ? Revise City Code to address specific standardsfor outdoor smoking areas. ATTACHMENT E Outline for Public Outreach Administrative Rule Notice requirements for adoption of administrative rules are set out in Eugene City Code 2.019. Interested persons must be provided at least 15 days following notice of intended rulemaking to submit data or views before the City Manager makes findings that consider written submissions. City Code Public hearings are scheduled on ordinances proposed to revise Eugene City Code. Required public notice is provided through posting on the City of Eugene website and through legal notice in The Register-Guard. Interested Parties Planning & Development Department staff has created an interested parties list for smoking regulations, and has provided materials and notices on several occasions in 2005. On the list are several bar and tavern owners, the Oregon Restaurant Association, Lane County Public Health, Lane County Medical Society and others. Interested parties will continue to receive notices of proposed regulatory changes and other updates.