CLEAN INDOOR AIR & HEALTH PROTECTION CLEAN INDOOR AIR & HEALTH PROTECTION Amendment of Ch July 10, 2012 City Council Meeting - Smoking Regulations

Background  November 2011: City Council Meeting – Staff directed to amend existing regulations.  February 2012: Legislative Committee Meeting – Staff directed to conduct public outreach.  May 2012: Public Workshop Held

Public Workshop Notified:  Multi-Unit Housing – Residents, Owners, Landlords and Associations.  Commercial and Industrial Properties – Property and Business Owners.  Parks and Recreation Commission. Approximately 10 Residents Attended Approximately 10 Residents Attended Majority of Attendance from Multi-Unit Housing Community Majority of Attendance from Multi-Unit Housing Community

Ordinance Bob Curry: Marin County Department of Health and Human Services - Tobacco Related Disease Control Program

Evidence Based Public Health Trend  As Californians are more aware of health risks of secondhand smoke, they are demanding protection.  Therefore, many California communities and counties have updated their local smoking ordinances to include outdoor smoking areas where members of the public and hospitality workers are impacted.

Proposed Tobacco Ordinance Supports Public Health  Surgeon General’s Report concluded that: there is no risk free level of exposure to Secondhand smoke. there is no risk free level of exposure to Secondhand smoke.  The California Air Resources Board also determined: second-hand smoke joins benzene, arsenic and diesel exhaust on the toxic air contaminant list. second-hand smoke joins benzene, arsenic and diesel exhaust on the toxic air contaminant list.

 Third-hand smoke is tobacco smoke contamination that remains after the cigarette has been extinguished tobacco smoketobacco smoke  Toxins that linger in carpets, sofas, clothes and other materials hours or even days after a cigarette is put out  Health hazard for infants and children  Smokers emit toxins [from clothing and hair] Third-hand Smoke is Harmful

The Public Supports Smoke-Free Restrictions Statewide Field Institute Poll funded by State Department of Health Services (2001) revealed:  74% of all Californians supported smoke-free outdoor dining areas. Local survey conducted by HHS (May 9, 2005) found:  87% of respondents were bothered by SHS in outdoor dining areas,  72% voiced clear support for policies that ban or place restrictions on cigarette smoking in outdoor patio or dining areas in Marin County.

 The proposed ordinance would provide protection from involuntary secondhand smoke exposure and help City staff (with assistance from County Tobacco Control) do a better job of resolving complaints successfully.

Proposed Ordinance Will Become Self-Enforcing  HHS partners with other county and City departments to strike a balance between 1.a friendly educational approach backed up by 2. active enforcement from other departments to make sure that the law is enforced uniformly and fairly.

Outdoor Smoking Provisions  20 feet around doors and windows  Outdoor Dining (restaurants and 20’ buffer around doors and windows in bar patios)  Events in parks  Bus stops and 20 feet around bus stops  Construction sites (including outdoor)  Fairs and farmer’s markets

The New Ordinance The New Ordinance - Indoor and outdoor common areas - signage - Disclosure – map - All new MUH units smoke-free - Minimum 80% existing MUH units smoke-free

Map Units Non- smoking units Smoking units

Lease Addendum Lease Addendum

Amending CC&Rs (Covenants, Conditions and Restrictions)  Vote of condo owners  Ordinance minimum is required  Up to 100% of units can be smoke-free Converting Condominiums

Steps To Convert Survey tenants (optional) Designate smoke-free units Notify tenants of changes Amend new leases Post signage Train employees Designate a smoking area (optional) Establish a procedure for complaints

Communicate Policy Change Meetings: Schedule group meetings to get feedback from tenants. Letters: 30 days written notice of policy changes provides a record for both parties Signage: Remind tenants and guests that there is smoking it not allowed in common areas and designated smoke-free units.

Liability Considerations Legal risks come from non-smokers aggravated by secondhand smoke not from smokers prohibited from smoking.  Legal claims: Nuisance, Trespass, Covenant of Quiet Enjoyment, Warranty of Habitability, Harassment.  Fair Housing Act/Americans with Disabilities Act

Sausalito Implementation Forum

Recommendation  Conduct public hearing  Introduce and read by title only “An Ordinance of the City Council of the City of Sausalito Establishing Regulations for smoking in multi-family residences, public streets and parks, outdoor dining areas and recreation or special events”  Continue the second reading to July 31, Alternative  Direct staff to provide additional public notification  Hold additional public hearing on July 31, 2012