HomeMy WebLinkAboutOrd #078-3rd Ser/Adding Chp 51 re: tobacco-free parks/workplaces ORDINANCE NO. 78 SERIES, THIRD SERIES
AN ORDINANCE ADDING CI3APTER 51 TO TITLE V, PUBLIC PROTECTION, OF
THE ORONO CITY CODE CONCERNING THE ORONO TOBACCO-FREE PARKS
AND WORKPLACES ACT
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. Chapter 51, Orono Tobacco-Free Parks and Workplaces Act, is added to the
Orono City Code:
Sec. 51-1. Intent and Findings.
It is found and determined that tobacco use is a dan�er to the health safetv and general
welfare of the communitv.
(11 Numerous studies have found that tobacco smoke is a maior contributor to indoor
air ollution and that breathin� secondhand smoke or environmental tobacco
smoke is a cause of diseases such as lun�cancer, cardiovascular disease. and
resniratorv disease and a cause of strokes and heart attacks
(21 The Public Health Service's National Toxicolo�v Pro�ram has listed secondhand
smoke as a known carcino�en. Accordin�to the United States Sur�eon General.
there are more than 50 cancer-causin�chemicals in secondhand smoke
(31 Secondhand smoke is narticularlv hazardous to the elderlv and those with
cardiovascular disease and imnaired resniratorv function. Children exnosed to
secondhand smoke have an increased risk and severitv of asthma resuiratorv
infections. sudden infant death svndrome, develonmental abnormalities. cancer.
and nremature death.
(41 The United States Sur�eon General renorts that there is no risk-free level of
exnosure to secondhand smoke and that even short exnosure to secondhand
smoke can dama�e blood vessels. decrease coronavrv flow velocitv reserves. and
reduce heart rate variabilitv. notentiallv increasin�the risk of a heart attack Even
in healthv nersons,brief exnosure can lead to chan�es in the unner airwav.
(51 Eliminating smokin�indoors and in enclosed snaces fullv nrotects nonsmokers
from exnosure to secondhand smoke. Simnlv senaratin� smokers from
nonsmokers. cleanin�the air. and ventilatin�buildin�s cannot eliminate
exnosures of nonsmokers to secondhand smoke. Althou�h air cleaners can
remove lar�e narticles from smoke. smaller narticles and �ases found in
secondhand smoke cannot be removed from the air.
152965v2 j
(61 Scientific studies conducted bv Stanford Universitv and others found that outdoor
smoke can reach the same level as indoor smoke. Persons near an outdoor
smoker can breathe in wisns of smoke that can be l Os or 100s times more
concentrated that normal back�round air nollution levels.
71 The Americans with Disabilities Act includes resniratorv function as a disabilitv.
The ADA reauires disabled nersons have access to nublic nlaces and worknlaces.
(81 The National Institute for Occunational Safetv and Health has concluded that
smoke is an occunational carcino�en.
(91 Nonsmokers who are exnosed to secondhand smoke at work have a 25-30%
hi�her risk of heart attack and hi�her rates of death from cardiovascular disease
and cancer. acute resniratorv disease. and measurable decrease in lun�function
than nersons not exnosed to secondhand smoke at work.
101 Secondhand smoke exnosure leads to hi�her worker absenteeism from resniratorv
disease, lower nroductivitv,hisher cleanin� and maintenance costs. increased
health insurance rates and increased liabilitv claims for disea es related to
secondhand smoke exnosure.
(111 Smokin�is a notential cause of fires. In narks and outdoor snaces. fire can snread
to nearbv homes and businesses.
12 Use of tobacco nroducts also nroduces litter that detracts from the beautv of citv
narks and increases maintenance costs of citv facilities.
�c. 51-2. Definitions.
The followin�words, terms and nhrases. when used in this chanter, shall have the
meanin�s ascribed to them in this section. excent where the context clearlv indicates a different
meanin�:
Citv Facilities means anv buildin�owned or onerated bv the Citv. includin� owned or
onerated outdoor areas of the lot or narcel on which the buildin�is situated.
Parks means anv onen or enclosed land and imnrovements or facilitv wherever located
which is owned. leased or onerated bv the Citv and which is reserved. desi�nated or used for a
nlav�round. bicnic area. sarden area.beach.bike or walkin�bath. trail. nature nreserve. ereen
s ace, snorts fields. or other recreational onen snace area.
Tobacco means anv substance or item containin�tobacco leaf, includin�but not limited
to ci�arettes; cigars: nive tobacco: snuff: fine cut or other chewin�tobacco: cheroots: sto�ies:
neriaue; eranulated.nlu� cut, crimn cut,readv-rubbed. and other smoking tobacco: snuff
flowers: cavendish: shorts: nlu�and twist tobaccos: dinnin�tobaccos: refuse scrans. clinnin�s.
152965v2 2
cuttines and sweebings of tobacco: and other kinds and forms of tobacco leaf nrenared in such
manner as to be suitable for chewin�, sniffin�or smokin�.
Use means smokin�. inhalin�, exhaline.burnin�, or carrving anv li�hted cisar, ci�arette,
pine, weed, or nlant in anv manner or in anv form: chewin�: sniffing: and snittin�.
Sec.51-3. General Prohibitions.
al Tobacco Use Prohibited in Certain Areas. Tobacco use is nrohibited in the
followin� areas:
(11 Parks:
(21 Citv Facilities:
(31 Inside motor vehicles owned or onerated bv the Citv:
41 Inside motor vehicles at Citv Facilities and Parks.
�bl Excentions. Notwithstandin�anv other nrovision to the contrarv. the followin�
areas are exemnt from the nrovisions of this chanter.
f 11 Leases of Citv Facilities or nortions thereof to non-Citv entities or
individuals which have been entered into before the adontion of this
ordinance:
l21 Desi�nated outdoor areas of Citv Facilities:
(31 Citv streets. easements. and sidewalks unless adiacent to or within narks:
and
41 Citv �olf courses.
ec. 51-4. Postin� of Si�ns and Removal of Smokin� Paranhernalia.
al "Tobacco-Free Grounds" sims shall be clearlv and consnicuouslv disnlaved
outside everv Citv Facilitv and Park.
(bl All ashtravs and other smokin�naranhernalia shall be removed from everv area
where tobacco use is nrohibited under this chanter.
Sec. 51-5. Enforcement.
(al Comnlaints. Anv citizen who desires to re�ister a comnlaint under this chanter
mav initiate enforcement with the Citv Administrator or his/her desienee.
152965v2 3
1 Violation and Penaltv. It shall be a nettv misdemeanor for anv nerson to use
tobacco in an area where tobacco use is nrohibited bv the nrovisions of this
chanter. The fine for violation of this nrovision shall be $100 nlus all surchar�es
mandated bv law.
cl Other Annlicable Laws. This chanter shall not be internreted or construed to
nermit tobacco use where it is otherwise restricted bv other annlicable laws.
SECTION 2. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 23rd day of August, 2010 by the Orono City Council.
CITY OF ORONO
�-� G���
J es M. White, Mayor
ATTEST:
� . G�
Linda S. Vee, City Clerk
Published in the Sun Sailor newspapers the week of September 2, 2010.
152965v2 4