HomeMy WebLinkAboutMINUTES - 10132009 - SD.4RECOMMENDATION(S):
INTRODUCE Ordinance No. 2009-26, which restricts ashtray placement, requires
disclosure of smoking permitted and non-smoking residential units, and prohibits owners
and managers from knowingly allowing smoking in places under their control, WAIVE
reading, and FIX October 13, 2009, for adoption.
FISCAL IMPACT:
Minimal fiscal impact. A portion of the Proposition 99 funding Contra Costa Health
Services receives for its Tobacco Prevention Project could be allocated to implementation.
BACKGROUND:
Secondhand Smoke is designated a Class A, known human carcinogen by the U.S.
Environmental Protection Agency. The California Environmental Protection Agency
released a study in October 2005 containing new, stronger evidence linking secondhand
tobacco smoke to a wide variety of adverse health effects, including increased incidences of
cancer, heart disease and respiratory
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/13/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Wendel Brunner, M.D.,
313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 13, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Julie Enea, Deputy
cc: Tasha Scott, Barbara Borbon, Jaime Jenett
SD. 4
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:October 13, 2009
Contra
Costa
County
Subject:Strengthening Second Hand Smoke Protections Ordinance
BACKGROUND: (CONT'D)
ailments. This report led to the designation of secondhand smoke as a toxic air
contaminant by the California Air Resources Board on January 26, 2006. In June of
2006, the US Surgeon General declared that there was no safe level of exposure to
secondhand smoke.
The Board of Supervisors voted unanimously to adopt the Secondhand Smoke
Protections Ordinance on October 17, 2006. This ordinance expanded secondhand smoke
protections by restricting smoking in the following areas: within 20 feet of the doors,
operable windows, air ducts and ventilation systems of enclosed worksites or enclosed
places open to the public; outdoor dining areas; on public trails and in public parks; in
service areas, (including ATM and ticket lines, bus stops and taxi stands); in public event
venues (such as farmers markets and fairs); in common indoor and outdoor areas of
multi-unit housing residences; within 20 feet of doors, windows, air ducts and ventilation
systems of multi-unit housing residences, except while walking from one destination to
another; and in any indoor workplace or indoor area open to the public, including tobacco
shops, owner or volunteer operated businesses and hotel lobbies.
Challenges to protecting residents from secondhand smoke under the County’s current
ordinance were reported to the Family and Human Services Committee on April 20,
2009 and include:
1) bringing outdoor dining establishments and other businesses covered under the
ordinance into compliance, as the law currently exempts business owners from liability
for ordinance violations if they post the required No Smoking signs, so they have no
requirement to maintain a smoke free business; and
2) an increasing number of complaints from residents about drifting smoke between units
in multi-unit housing residences.
At the May 19, 2009 Board of Supervisors meeting, the Board of Supervisors approved
the recommendation from the Family and Human Service Committee to direct Tobacco
Prevention Project staff and County Counsel to draft an amendment to the County
Secondhand Smoke Protections Ordinance that prohibits ash receptacles in no-smoking
areas of businesses; requires landlords to disclose to prospective tenants the location of
smoking and non-smoking units and how smoking complaints are handled; and holds
businesses covered under this ordinance responsible for smoking violations in the same
way that businesses are currently responsible under state law for smoking violations in
restaurants and other workplaces.
The proposed revised ordinance is attached. Section 445-4.010 has been added to the
County ordinance code to address Ashtray Placement; Section 445-4.012 has been added
to address Disclosure of smoking and non-smoking Residential units; and Section
445-8.002 has been revised to hold businesses covered under this ordinance responsible
for smoking violations in the same way that businesses are currently responsible under
state law for smoking violations in restaurants and other workplaces.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
CLERK'S ADDENDUM
Supervisor Uilkema noted for the record that the ordinance was reviewed and approved
by the Board's Family and Human Services Committee.
ATTACHMENTS
Second hand smoke ordinance