HomeMy WebLinkAboutMINUTES - 08102010 - SD.3RECOMMENDATION(S):
INTRODUCE Ordinance No. 2010-10, which prohibits smoking in certain outdoor areas of
existing multi-unit residences; prohibits smoking in all dwelling units of new multi-unit
residences and requires non-smoking provisions to be added to specified leases and lease
amendments, WAIVE reading, and FIX September 14, 2010 for adoption.
FISCAL IMPACT:
Minimal fiscal impact. A portion of the Proposition 99 funding Contra Costa Health
Services receives for it 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. A 2005 California Environmental Protection Agency
report points to even stronger evidence linking secondhand tobacco smoke to a wide variety
of adverse health effects, including increased incidences of cancer, heart disease and
respiratory ailments. This report led to the designation of secondhand smoke as a toxic air
contaminant by the California Air Resources Board in January 2006. In June 2006, the US
Surgeon General declared that there was no safe level of exposure to secondhand smoke.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/10/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
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: August 10, 2010
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: , Deputy
cc: Tasha Scott, Barbara Borbon, Jaime Jenett
SD. 3
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 10, 2010
Contra
Costa
County
Subject:Strengthening Secondhand Smoke Protections Ordinance to Protect Residents of Multi-Unit Housing from
Secondhand Smoke Exposure
The Board of Supervisors adopted the Secondhand Smoke Protections Ordinance later that
year and strengthened these protections in October 2009.
Since January 2009, four cities in Contra Costa County have adopted Comprehensive
Secondhand Smoke Protections policies with strong Multi-unit housing provisions,
including three that prohibit smoking in 100% of all new Multi-unit housing. Multi-unit
housing drifting smoke complaints received by staff have increased and now constitute over
50% the calls received.
After hearing a staff report in October 2009 on challenges to protecting residents from
secondhand smoke in Multi-unit housing and to implementing the County’s Ordinance, the
Family and Human Services Committee directed Health Services staff to work with County
Counsel to draft several new provisions to the Secondhand Smoke Protections Ordinance for
Board of Supervisor consideration. These new provisions were presented to the Committee
in May 2010 and include:
BACKGROUND: (CONT'D)
Designation of all new multi-unit housing units as 100% smokefree;1.
Designation of all balconies, patios, decks and carports as smokefree for all existing
and new multi-unit housing residences; and
2.
Requiring lease terms that designate smoking in a non-smoking area as a breach of
the lease.
3.
The proposed amendments to the Secondhand Smoke Protections Ordinance are intended
to address drifting secondhand smoke issues for those residents living in multi-unit
housing.
There was discussion of staff’s implementation plan for the proposed new provisions,
which included notification of landlords of these changes through a mailing to landlords
and through the Conservation and Development’s permit center. The Family and Human
Services Committee recommended these provisions move forward to the full Board for
consideration.
Staff presented these recommendations and the proposed ordinance amendments to the
Board of Supervisors on July 27, 2010. The Board directed County Counsel to 1) clarify
language regarding the use of a lease addendum in “existing” versus “new” multi-unit
housing and 2) to clarify the definition of “Smoking” to include medical marijuana in the
proposed ordinance revisions and to present these revisions for discussion on August 10,
2010.
County Counsel’s Report on Medical Marijuana
As per direction from the Board, County Counsel has reviewed the issue of including
medical marijuana under the County’s smoking prohibitions.
County Counsel reports that County’s Secondhand Smoke Ordinance prohibits the
smoking of marijuana for medical purposes at all locations where tobacco smoking is
prohibited. The County ordinance defines “smoking” as “inhaling, exhaling, burning or
carrying any lighted cigar, cigarette, pipe or any other device containing any tobacco
product or any other leaf, weed or plant.” (Ordinance Code, § 445-2.006(h).) Marijuana,
whether used for medical purposes or not, is a plant, so if it is smoked, it falls within the
ordinance’s definition of “smoking.”
California’s medical marijuana laws do not require the County to allow medical
marijuana smoking at locations where the County’s ordinance prohibits tobacco smoking.
In general, the Medical Marijuana Program Act (Health and Safety Code sections
11362.7 through 11362.83) gives certain people – qualified patients, primary caregivers,
and holders of valid medical marijuana program identification cards – an affirmative
defense if they are charged with specific state crimes for transporting, processing,
administering, or giving away marijuana to qualified persons for medical use.
The Medical Marijuana Program Act, however, does not allow qualified patients or
people who hold valid identification cards to smoke at any location. The Medical
Marijuana Program Act does not allow medical marijuana smoking: in or within 1,000
feet of the grounds of a school, recreation center, or youth center, unless the medical use
occurs within a residence; on a schoolbus; while in a motor vehicle that is being
operated; or while operating a boat. (Health and Saf. Code, § 11362.79.) The Medical
Marijuana Program Act also does not allow medical marijuana smoking in “any place
where smoking is prohibited by law.” (Health and Saf. Code, §11362.79(a).) This
provision means that medical marijuana smoking is not allowed in any place where
smoking is prohibited by the County’s ordinance.
County Counsel recommends that the Board not exempt medical marijuana smoking
from the provisions of the Secondhand Smoke Ordinance. The reason for this is that the
ordinance is aimed at protecting nonsmokers from the harmful health effects of
secondhand smoke, regardless of the type of secondhand smoke. However, the Board
may wish to either: (1) exempt medical marijuana smoking from all provisions of the
Secondhand Smoke Ordinance; or (2) exempt medical marijuana smoking from the
prohibition against smoking in multi-unit residences. If the Board chooses either of these
options, the ordinance will have to be revised and re-introduced at a subsequent meeting.
County Counsel has provided relevant chapters of Section 445 of the County Ordinance
Code related to Secondhand Smoke with proposed language as ‘strikeouts’ (Attachment
1). County Counsel has also provided a final version of the proposed amendments to the
County Secondhand Smoke Ordinance (Attachment 2).
Attachment:
1) Strikeout version of Section 445 of the County Ordinance Code
2) Ordinance 2010-10, Amendment to County Secondhand Smoke Ordinance, Division
445 of the County Ordinance Code.
CLERK'S ADDENDUM
RELISTED to September 21, 2010.
ATTACHMENTS
Ordinance with Strike Outs
Ordinance - Clean Version