HomeMy WebLinkAboutItem 3: Public Hearing on Ordinance Concerning Prohibited Smoking in Public Structures
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing and Possible Action:
An Ordinance Concerning Prohibiting Smoking in Public Structures; Amending the
Sunset Provisions in Section 4 of Ordinance No. 20346; and Providing an Immediate
Effective Date
Meeting Date: October 10, 2005 Agenda Item Number: 3
Department: Planning and Development Staff Contact: Keli Osborn
www.eugene-or.gov Contact Telephone Number: 682-5288
ISSUE STATEMENT
The prohibition on smoking in new outdoor smoking areas, also called a “moratorium” on new smoking
areas, will expire on October 30, 2005. New areas established after this sunset would have to comply
with the minimum 25-percent opening standard currently in place – until new standards can be enacted.
Please note: An immediate effective date is requested with this ordinancebecause without one, there
would be a gap of about two weeks between the expiration of the existing prohibition and regular
effective date.An immediate effective date requires a 2/3 majority or 6 affirmative votes from the
council to enact. Ordinances without an immediate effective date do not take effect for 30 days.
BACKGROUND
Following a public hearing on May 9, 2005, the council adopted the current prohibition. It will expire
before new standards for outdoor smoking areas are in place. In the September 28 work session, the
council provided direction to the City Manager for revisions to the administrative rule for public
smoking, with minor code changes as necessary. Revisions are to be prepared, proposed and adopted
before December 31, 2005. The “moratorium” ordinance is not legally required. It does, however,
prohibit smoking during this interim period in newly established smoking areas triggering building
permit requirements. Because regulating outdoor smoking areas is a public health matter, the City may
enact new standards and apply them to existing and future structures. City staff is aware of only one
building permit in review that includes a proposed outdoor smoking area; this project has been on hold
pending resolution of numerous local and State code issues.
Although the council may take action following the public hearing, time also has been reserved on the
October 24 agenda should the council prefer to defer action to a separate meeting.
RELATED CITY POLICIES
The City Council has adopted goals for sustainable community development and a healthy natural and
built environment.
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COUNCIL OPTIONS
1. Adopt the ordinance as proposed.
2. Modify the ordinance with a different effective date or other changes.
3. Do not adopt the moratorium.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the council adopt the ordinance as proposed.
SUGGESTED MOTION
Move to adopt an ordinance concerning prohibiting smoking in public structures; amending the sunset
provisions in Section 4 of Ordinance No. 20346; and providing an immediate effective date.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Keli Osborn
Telephone: 682-5288
Staff E-Mail: keli.m.osborn@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _________
AN ORDINANCE CONCERNING PROHIBITING SMOKING IN PUBLIC
STRUCTURES; AMENDING THE SUNSET PROVISIONS IN SECTION 4
OF ORDINANCE NO. 20346; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A.
Ordinance No. 20346 was passed by the City Council on May 23, 2005,
and approved by the Mayor on May 25, 2005, adding a new Section 6.232 to the
Eugene Code, 1971, and amending Section 6.990 of that Code. Section 6.232
expanded the areas in which smoking was prohibited, and Section 6.990 added
penalties for violation of Section 6.232. Section 4 of the Ordinance, which was not
included in the Code, provided an automatic repeal of the amendments to the Code that
were effected by the Ordinance effective 12:01 AM on October 30, 2005, or on the
effective date of new provisions for outdoor smoking areas, whichever came first.
B.
The City Council has not yet adopted new provisions for outdoor smoking
areas but anticipates doing so in the near future. It would be in the public interest to
amend Section 4 of Ordinance No. 20346 to provide that the amendments to the Code
that were effected by Ordinance No. 20346 be automatically repealed effective 12:01
AM on December 31, 2005, or on the effective date of new provisions for outdoor
smoking areas, whichever comes first.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4 of Ordinance No. 20346, passed by the City Council on
May 23, 2005, and approved by the Mayor on May 25, 2005, is hereby amended to
provide:
Section 4.
Unless otherwise extended by the City Council, the
amendments to the Eugene Code, 1971, effected by this ordinance, which
consist of the addition of Section 6.232, and an amendment to Section
6.990, are repealed effective 12:01 AM on December 31, 2005, or on the
effective date of new provisions for outdoor smoking areas, whichever
comes first. Notwithstanding the prior sentence, the City may continue to
pursue any enforcement actions commenced to enforce those provisions
Ordinance - 1
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ATTACHMENT A
prior to December 31, 2005, and the provisions related to such
enforcement actions shall remain in effect with respect to those actions.
In addition, any fees owed to the City under the provisions of this
Ordinance remain due and owing, and all provisions related to those fees
and their collection shall remain in effect with respect to those fees.
Section 2.
An immediate effective date is necessary to serve the important
public purpose of extending the sunset date of the provisions adopted by Ordinance No.
20346. Extending the sunset date will allow the Council more time to consider the most
effective and fair standards for regulating smoking and while maintaining the public
interest considerations listed in the Findings in Ordinance No. 20346 until the Council
adopts new regulatory standards. This Ordinance shall become effective immediately
upon its passage by the City Council with the affirmative vote of two-thirds of the
members of the Council, and approval by the Mayor, retention by the Mayor for more
than ten days, or readoption over a Mayoral veto by two-thirds of all members of the
City Council.
Section 3.
The City Recorder is requested to attach a copy of this Ordinance to
Ordinance No. 20346.
Passed by the City Council this Approved by the Mayor this
_____ day of ______________, 2005. _____ day of _______________, 2005.
_______________________________ ________________________________
City Recorder Mayor
Ordinance - 2
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