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Home My WebLink AboutSS2 - Smoking ProhibitionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. SS Z March 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 -644 -3222, swood @city.newport- beach.ca.us SUBJECT: Consideration of Additional Smoking Prohibitions ISSUE: Does the City Council wish to adopt additional smoking prohibitions? Provide direction to staff. DISCUSSION: Background: The Newport Beach Municipal Code currently prohibits smoking in a number of places. Chapter 6.25 prohibits smoking in elevators, public areas of hospital and health care facilities, hospital rooms with two or more patients, public meeting rooms, theaters and auditoriums, public restrooms, indoor service lines and restaurants. This chapter also regulates smoking in places of employment, and requires employers to adopt written smoking policies. Chapter 11.08 prohibits smoking on beaches (including public walkways and strands adjoining beach areas), piers, public floats, public wharves, Inspiration Point and Lookout Point. At its meeting of February 23, 2009, the Environmental Quality Affairs Committee (EQAC) discussed the possibility of the City adopting additional smoking prohibitions. EQAC's consensus was to recommend that the City Council consider additional smoking prohibitions at a study session. The members supported prohibiting smoking in public places and outdoor dining areas, but not in residential developments. EQAC members felt that regulating smoking in residential developments would be a government intrusion into residents' privacy. Consideration of Additional Smoking Prohibitions March 10, 2009 Page 2 As shown in the attached Summary of Smoking Prohibitions, several cities in California have adopted ordinances that prohibit smoking. The prohibitions range from implementation of State law for indoor dining areas to the addition of outdoor dining areas, parks, pedestrian areas, outdoor service and shopping areas, within 20 feet of entrances, exits or open windows of buildings open to the public and multi - family common areas. The most restrictive ordinance staff has found is in Belmont, where smoking is prohibited in residential units that share at least one common floor or ceiling with another unit. Reasons for Smoking Prohibitions: The primary reason for adopting smoking prohibitions is to protect people from the effects of second -hand smoke, which can increase the risk of heart disease, cancer, emphysema, etc. Research confirmed by organizations such as the U.S. National Cancer Institute, the U.S. Centers for Disease Control and Prevention, the U.S. National Institutes of Health, the Surgeon General and the World Health Organization has shown that second -hand smoke causes the same problems as direct smoking. Smoking also has been cited as the cause of fires, such as the 2007 Griffith Park fire. Effects on Businesses: Staff has not sought input on additional smoking prohibitions from the Economic Development Committee, Chambers of Commerce, Conference and Visitors Bureau or Restaurant Association. Studies published by the health industry have found that there is no negative economic impact associated with smoking prohibitions. However, studies conducted by affected businesses have found negative impacts including reduced restaurant sales tax receipts, decline in alcohol sales, and loss of jobs and wages. Enforcement: The Police Department does not actively enforce the City's existing smoking prohibitions. They respond to complaints of violations, but these are not high priority responses. The level of enforcement of additional prohibitions would likely be the same. Submitted by: Sharon Wood Assistant City Manager Attachment: Summary of Smoking Prohibitions SUMMARY OF SMOKING PROHIBITIONS City Smoking Prohibitions Baldwin Park City -owned facilities including parks, service areas and dining areas (indoor and outdoor), areas within 20 feet of entrances, exits or open windows of buildings open to the public Belmont Public places (except streets and sidewalks), places of employment, multi - family common areas, individual units of multi - family developments if such units share at least one common floor or ceiling with another unit, service areas Beverly Hills Outdoor dining areas Burbank Parks, city facilities, Downtown Burbank pedestrian areas, outdoor dining areas, outdoor service areas, outdoor shopping areas, bikeways, outdoor events, residential common areas Calabasas Public places; places of employment; multi - family common areas; hotel, restaurant and bar public areas, enclosed and unenclosed Culver City Outdoor dining areas Glendale City property (including buildings and parks), places of employment, enclosed and unenclosed public places, multi- family common areas Los Angeles Indoor dining areas, Griffith Park San Luis Obispo Enclosed public places, hospitals and health care facilities Santa Monica Parks, beaches, pier, Third Street Promenade, Farmers' Market, outdoor dining areas, areas within 20 feet of entrances, exits or open windows of buildings open to the public South Pasadena City facilities and parks, enclosed public places, outdoor dining areas, places of employment "RECEIVED AFTER AGENDA PRINTED:" -kS5a'- 9 `10 -4 MEMORANDUM March 9, 2009 To: Mayor and City Council Members I am writing this as a resident of Newport Beach (214 Via Ithaca) and not in my capacity as a City employee. I strongly support and encourage you to support additional smoking prohibitions, especially in any part of a restaurant, whether it is patio restaurant seating or outdoor lounge areas. Example — Gulf Stream that has outdoor restaurant seating, but allows cigarette and cigar smoking outside the outdoor bar area where you may be waiting until you table is ready. Shauna Oyler 214 Via Ithaca Newport Beach, CA 92663 949 - 673 -0405 (H) 949 - 644 -3311 (W) o -ITT 1 YI iA 8 b A DD m n \r/ "RECEIVED AFTER AGENDA PRINTED:" - _wo_- 12822 Garden Grove Blvd. ste. D, Garden Grove, California 92843.2010 (714) 838 -5550 Fax (714) 638 -6042 www.aaoc.com March 10, 2009 Mayor Edward Selich 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Selicb, Date A n� Copie Sent io: c� L!T�layor o = = m r u ncil Member Ijuo pager "�� C Tl Attorney �� The Apartment Association of Orange County (AAOC) is writing to state our opinion about the study session concerning the Additional Smoking Prohibitions. The main purpose of the AAOC is to protect the property and business rights of our members. While we understand smoking may be a government issue on public property, we feel it is up to the landlord to determine whether or not they wish to allow smoking on their property. Property owners do see the down -side to allowing smoking in their buildings, whether it is because the smoke bothers other tenants or because it can potentially min the carpet and walls in a unit, but that is the owner's choice to make, not the governments. After looking at the staff report for the study session, it was noted that the Environmental Quality Affairs Committee MAC) felt that "regulating smoking in residential developments would be a government intrusion into residents' privacy". We could not agree more with this statement. Not only would it intrude on the residents' privacy, but it would also be an intrusion on the private property rights and business rights of the owners of multi - housing residencies throughout Newport Beach. We hope that the recommendation put forth by EQAC will be utilized and that the Council will continue to protect both property and business rights. Thank you for your consideration. S' ly, 'Ecu Dean Zarkos President Vicar President Legislative Affairs A non profit organization serving the rental housing industry since 1961