03-09-2026 - Agenda Packet City Council - work session

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- CODE OF ORDINANCES Title V - PUBLIC PROTECTION CHAPTER 5.16. ORONO TOBACCO-FREE PARKS AND WORKPLACES ACT Orono, Minnesota, Code of Ordinances Created: 2026-02-18 14:00:44 [EST] (Supp. No. 2, Update 1) Page 1 of 3 CHAPTER 5.16. ORONO TOBACCO-FREE PARKS AND WORKPLACES ACT Sec. 5.16.010. Intent and findings. It is found and determined that tobacco use is a danger to the health, safety, and general welfare of the community. (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke or environmental tobacco smoke is a cause of diseases such as lung cancer, cardiovascular disease, and respiratory disease and a cause of strokes and heart attacks. (2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen. According to the United States Surgeon General, there are more than 50 cancer-causing chemicals in secondhand smoke. (3) Secondhand smoke is particularly hazardous to the elderly and those with cardiovascular disease and impaired respiratory function. Children exposed to secondhand smoke have an increased risk and severity of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, cancer, and premature death. (4) The United States Surgeon General reports that there is no risk-free level of exposure to secondhand smoke and that even short exposure to secondhand smoke can damage blood vessels, decrease coronary flow velocity reserves, and reduce heart rate variability, potentially increasing the risk of a heart attack. Even in healthy persons, brief exposure can lead to changes in the upper airway. (5) Eliminating smoking indoors and in enclosed spaces fully protects nonsmokers from exposure to secondhand smoke. Simply separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke. Although air cleaners can remove large particles from smoke, smaller particles and gases found in secondhand smoke cannot be removed from the air. (6) Scientific studies conducted by Stanford University and others found that outdoor smoke can reach the same level as indoor smoke. Persons near an outdoor smoker can breathe in wisps of smoke that can be tens or hundreds times more concentrated that normal background air pollution levels. (7) The Americans with Disabilities Act (ADA) includes respiratory function as a disability. The ADA requires disabled persons have access to public places and workplaces. (8) The National Institute for Occupational Safety and Health has concluded that smoke is an occupational carcinogen. (9) Nonsmokers who are exposed to secondhand smoke at work have a 25 percent to 30 percent higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, acute respiratory disease, and measurable decrease in lung function than persons not exposed to secondhand smoke at work. (10) Secondhand smoke exposure leads to higher worker absenteeism from respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to secondhand smoke exposure. (11) Smoking is a potential cause of fires. In parks and outdoor spaces, fire can spread to nearby homes and businesses. 101