HomeMy WebLinkAboutOrdinance No. 20349
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COUNCIL ORDINANCE NUMBER 20349
COUNCIL BILL NUMBER 4908
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.
ADOPTED: October 10, 2005
PASSED: 6:1
REJECTED:
OPPOSED: Solomon
ABSENT: Pape
EFFECTIVE: Immediately upon Mayor's signature
ORDINANCE NO. 20349
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that were effected by Ordinance No. 20346 be automatically repealed effective 12:01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6.990, are repealed effective 12:01 AM on December 31, 2005, or on the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
prior to December 31, 2005, and the provisions related to such
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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
10th day of October, 2005.
Approved by the Mayor this
JL. day of October, 2005.
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