HomeMy WebLinkAboutItem 5: Ordinance Prohibiting Smoking Outside City-Owned Buildings Providing Services to Children
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Adoption of an Ordinance Prohibiting Smoking Outside City-Owned Buildings
Providing Services to Children and Amending Section 6.230 of the Eugene Code, 1971
Meeting Date: February 8, 2010 Agenda Item Number: 5
Department: Library, Recreation and Cultural Services Staff Contact: Connie Bennett
www.eugene-or.gov/library Contact Telephone Number: 541-682-5363
ISSUE STATEMENT
This is a recommended amendment to section 6.230 of the Eugene Code, 1971. The proposed
amendment prohibits smoking outside City-owned buildings that provide services to children.
BACKGROUND
Sections 6.225 – 6.240 of the Eugene City Code address tobacco products and smoking. The original
ordinance was enacted November 12, 1980. The most recent change, enacted March 4, 2005, and
effective April 3, 2005, affected Section 6.230 (k), the current ordinance affecting City-owned buildings
that provide services to children: [Smoking is prohibited in all public places and all places of
employment within the city, including, but not limited to] “within publicly owned buildings and within
25 feet of any entrance or air intake to, or any operable window of, any such building.”
The purpose of this change is to provide a healthier atmosphere and better protection for children who
are using City services, by prohibiting smoking outside of City-owned buildings providing services to
children such as libraries, pools, sports parks and community centers.
The proposed ordinance, extending the prohibition to the curb outside of affected buildings, is
anticipated to be easier to communicate to the public and thus take fewer resources to enforce.
A public hearing on the proposed ordinance was held on January 19, 2010, with one member of the
public testifying in support. Since the public hearing, the City Attorney's office reviewed the language
of the Corvallis code and found that Corvallis does not have a provision that specifically addresses what
the City of Eugene is trying to address with this ordinance. Therefore, no changes are being
recommended to the code amendment that was originally presented to the council.
The ordinance is proposed to go into effect in thirty days, on March 10, 2010.
RELATED CITY POLICIES
This item relates to the City Council Goals of Accessible and Thriving Culture and Recreation: A
community where arts and outdoors are integral to our social and economic well-being and are available
to all, and a Safe Community: a community where all people are safe, valued and welcome.
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COUNCIL OPTIONS
1.Adopt the ordinance as written.
2.Amend the ordinance.
3.Provide other direction.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option 1: adopt the ordinance as written.
SUGGESTED MOTION
Move to adopt Council Bill 5021 prohibiting smoking outside City-owned buildings providing services
to children and amending Section 6.230 of the Eugene Code, 1971.
ATTACHMENTS
A. Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Connie Bennett
Telephone: 541-682-5363
Staff E-Mail: connie.j.bennett@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE PROHIBITING SMOKING OUTSIDE CITY-OWNED
BUILDINGS PROVIDING SERVICES TO CHILDREN AND AMENDING
SECTION 6.230 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (2) of Section 6.230 of the Eugene Code, 1971, is amended by
adding subsection (p) to provide as follows:
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:
(p) The exterior of city-owned buildings a primary purpose of which is to
provide services and programs to children under the age of 18, including
but not limited to libraries, pools, sports parks and community centers.
The city manager shall adopt an administrative order that identifies the
specific facilities covered by this subsection. For purposes of this
subsection, “exterior” means the area outside of the building extending
from the building footprint to the curb, including but not limited to
driveways, planting strips, sidewalks, pedestrian ways, patios and alleys
adjacent to the city-owned building, but not extending into any non-city
owned property adjacent to the building or onto the roadway.
Notwithstanding the prohibition contained in this section, if a private
establishment is located in a city-owned building, the provisions of
subsection (2)(k) of this section related to private establishments shall
apply.
Section 2.
The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained 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 __________________, 2010 ____ day of ________________, 2010
______________________________ _____________________________
City Recorder Mayor
Ordinance - Page 1 of 1