HomeMy WebLinkAboutCM Smoking Regulations ReportCITY OF M Agenda Item No: 5.a n. Meeting Date: March 7, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY MANAGER Prepared by: Rebecca Woodbury Senior Management Analyst TOPIC: SMOKING REGULATIONS City Manager Approval: SUBJECT: INFORMATIONAL REPORT ON POSSIBLE AMENDMENTS TO THE CITY'S SMOKING ORDINANCE RECOMMENDATION: Accept Informational Report and Provide Direction to Staff. BACKGROUND: In 2012, the City Council passed amendments to the City's smoking ordinance that enhanced outdoor and indoor air regulations. The ordinance was designed to meet three goals: 1. Reduce the negative health impacts related to secondhand smoke; 2. Reduce the risk of smoking-related fires; and 3. Reduce non -biodegradable cigarette litter (cigarette butts). The notable new elements of the 2012 ordinance were: ■ Prohibits smoking in all duplexes and multi -family housing (any unit with a share wall), as well as all common areas of multi -family residential properties. Property owners may elect to create "designated smoking areas" should they meet certain criteria. These rules apply to renter and owner occupied units. ■ Prohibits smoking in our parks and recreation areas. ■ Prohibits smoking on all sidewalks, pedestrian areas, and public places such as plazas in our Downtown, except while actively passing on the way to another destination. Information about the City's smoking ordinance as well as implementation materials for landlords and property owners are available at www.citvofsanrafael.orq/smokefree. The American Lung Association (ALA) is an advocacy group whose goals are to eliminate tobacco use and tobacco -related lung disease, improve the air so that it will not cause or worsen lung disease, and reduce the burden of lung disease on patients and their families. They produce an annual report called State of Tobacco Control. In 2012, the report rated San Rafael a "C" grade for overall tobacco control, however the 2013, 2014, and 2015 reports rated San Rafael an "A" grade. There are three components of this grade: Smokefree Outdoor Air, Smokefree Housing, and Reducing Sales of Tobacco Products. In 2015, San Rafael scored an FOR CITY CLERK ONLY File No.: 13-1 x 13-4 Council Meeting: 03/07/2016 Disposition: Accepted Report SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2 "A" for Smokefree Outdoor Air, an "A" for Smokefree Housing, and an "A" for Reducing Sales of Tobacco Products. A 2010 survey by the state's Tobacco Control Program indicated Marin's adult smoking rate is 7.3%. There have been very few complaints locally regarding the new smoking regulations in multi -family housing. The County of Marin handles "first complaints" and works with landlords and tenants to resolve disputes. If they are unable to resolve a complaint, they can turn the case over to the City's Code Enforcement Division, but to -date this has not occurred. One complaint was received about the negative impact of secondhand smoke in a single-family neighborhood. The City occasionally receives complaints about smoking in the Downtown area, most frequently in the area around the transit center as well as the intersection of Fourth and A Streets. In 2015, the City Council heard from concerned members in the community as well as County staff and directed staff to return with information about regulating electronic cigarettes (e -cigarettes) and tobacco sales in pharmacies. In July, 2015, staff presented regulatory concepts regarding both topics to the Economic Development Subcommittee. The Subcommittee directed staff to explore regulating the use of e -cigarettes, but not to pursue the regulation of tobacco sales in pharmacies at this time and staff was asked to explore improvements to ensuring a more smoke-free experience Downtown. ANALYSIS: Information about electronic cigarettes as well as smoking in our Downtown is provided below. E -Cigarettes. The 2012 ordinance did not include e -cigarettes because: (1) they do not emit secondhand smoke, (2) fire hazards appear to be low, and (3) there is no, or very minimal, litter potential as there is with regular cigarettes. At that time scientific evidence appeared to be inconclusive regarding health impacts and long-term effects are largely unknown. The County estimates approximately 40 retailers currently sell e - cigarettes in San Rafael. There are many studies and reports regarding the health impacts of electronic cigarettes. In 2014 and 2015 the FDA conducted several workshops to gather scientific information regarding the impact of e -cigarettes on individual, population, and non-users health (including prevalence and patterns of use); knowledge, attitudes, and beliefs about e -cigarette products; and e -cigarette product science, product packaging, constituent labeling, and environmental impact. In January, 2015 a report from the California Department of Public Health said e -cigarettes are associated with negative health impacts due to nicotine, aerosol and other toxic chemicals. Several cities, including major cities such as Los Angeles, New York City, and Chicago and local jurisdictions such as Marin County, Corte Madera, and Fairfax have regulated the use of e -cigarettes. Options for regulating e -cigarettes include, but are not limited to: 1. Regulate e -cigarettes in the same manner as regular cigarettes; 2. Prohibit use of e -cigarettes in public places, but allow them in private residences; or 3. Take no action regarding e -cigarettes. In July, 2015, the Economic Development Subcommittee indicated a preference for option 2 above. Smoking in Downtown San Rafael. The current ordinance prohibits smoking on sidewalks, pedestrian areas, and public places such as plazas in our Downtown, except while actively passing on the way to another destination. Due to the high frequency of pedestrian activity in the Downtown, this exception does not eliminate the presence of tobacco smoke in the Downtown area. Potential modifications to the ordinance could include: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 3 (a) The creation of smoke-free zone within the Downtown where smoking is prohibited, even while actively passing (b) Eliminating the exception that allows smoking while actively passing throughout the entire Downtown area Currently many stores on Fourth Street have decals in their windows with language that says "Smoking is prohibited on all sidewalks and pedestrian areas in Downtown San Rafael, except while actively passing" so replacement decals would need to be provided if the exception to allow smoking while actively passing was modified or eliminated. There are currently four "No Smoking" signs posted at the Fourth and A Street intersection. Additional pedestrian -friendly signage throughout the Downtown area could help encourage compliance. COMMUNITY OUTREACH: Outreach was conducted with the Chamber of Commerce and the Downtown Business Improvement District (BID). Representatives from these groups concurred with the Economic Subcommittees preference to prohibit use of e -cigarettes in public places. Neither group felt modifications needed to be made to the ordinance regarding the Downtown area, but supported the idea of increased signage and a friendly educational campaign about secondhand smoke. As an informational report, this meeting was noticed to the public through Snapshot, the City Manager's newsletter, as well as the City Clerk's agenda notification, as a public meeting for discussion purposes. FISCAL IMPACT: No major direct fiscal impact. Costs for additional signage is estimated at $5,000, if deemed necessary. RECOMMENDED ACTION: Accept informational report and provide staff direction regarding the following recommendation: 1. Prohibit use of e -cigarettes in public places, but allow them in private residences; 2. Eliminate the exception that allows smoking while actively passing throughout the entire Downtown area; and 3. Add pedestrian -friendly signage to the Downtown. EXHIBITS: 1. Map of Downtown 2. Examples of creative signage Exhibit 1: Map of the Downtown Area Downtown boundaries, as defined in current smoking ordinance (current ru@2 smoking prohibited, except while actively passing) lPotential smoke-free zone / mokingcompletely prohibite% no' ctivelypaabgexcep§on 4t & m a 2d2lEod, / & a � ®rj ° St } £ . » / ��mm GI�y - � g � _ ®m@�G � & �5 � f p �� Z �� Cultural r■ �� �m / •/ eo ® GRyW e� e wIlAy3h� k / m +nkn. 2 J � q « & Ul r«," 5(� Ave> a 2 — 9 4 % c m amp _y! Julia k / « ®#,$ ® ®oma � / lt4v g m ¥ _& 3rd St \ a o c 4t & m a 2d2lEod, / & a � ®rj ° St } £ . » / ��mm GI�y - � g � _ Exhibit 2: Examples of Creative Signage Programs It gets around. YOUR SMOKE DOESN'T • DISCRIMINATE IT LOVES EVERY ONE Sm er's SMOKE r� • T. NO SMOKING IN L THIS COMMERCIAL ZONE BERKELEY MUNICIPAL CODE BMC 12.70 d s r VON 1 ti ��IMOKING- WE LIFE IS ,FIE� SMOKE AROUND YOU, WE'LL ASSUME DON'T MAKE IT YOU'RE ON FIRE SHORTER & DRENCH YOU WITH WATEP Smell Flowers Not Smoke Smoking is prohibited in NYC's public paxks bylaw be y lginning May 23, 201 Pleesi:.,. Qu Siriuieh cigereQ9s in receptacles outsitle tha park helore entering .11 311 For help to quit M1V..ntl �•aucn lihbmil p p 3 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 3/7/2016 From: Rebecca Woodbury Department: City Manager's Office Date: 2/18/2016 Topic: Smoking Regulations Subject: Informational report on possible amendments to the City's smoking ordinance Type: ❑ Resolution ❑ Ordinance ❑ Professional Services Agreement ® Other: Informational Report APPROVALS ® Finance Director Remarks: approved ® City Attorney Remarks: LG -approved 2/23/16 ® Author, review and accept City Attorney / Finance changes Remarks: ® City Manager Remarks: Smoking Ordinance Amendments March 7, 2016 AMERICAN LUNG ASSOCIATION, American Lung Association State of Tobacco Control Report Card 2012 2013 2014 2015 2016 In the news... Supes raise age to buy 21 — lawsuit possible tobacco from 18 to Tobacco smackdown on state agenda; law would boost smoking age Electronic Cigarettes — Regulatory Options • Regulate in same manner as regular cigarettes; • Prohibit use in public places, but allow in private residences; or • Take no action (status quo) /100 NO SMOKING ` Smoking is prohibited on all sidewalks and pedestrian areas in Downtown San Rafael. xcept while actively passing r more information call 415.473.3020 or visit www.smokefreemarin.com City of San Rafael Ordinance Na. 1908 Shop window decal �w40 " olopmom" dup STARBUC I m_ 40FE K&LOI"ME rj a• -14mr- h.1 YOUR SMOKE DOESN'T DISCRIMINATE IT LOVES EVERY ONE SMOKE It gets around,\ • NO SMOKING IN THIS COMMERCIAL ZONE BERKELEY MUNICIPAL CODE BMC 12.V I ' d Smell Flower:- Not Smoke +r 16 Smoki.9 is psokibited in D(YC,s public parka by law beginning Ml y 23 2011 Please... autinguievl clgerehaeo ie recaplecles ° 14i9a the Por4b f r ring - call 311 for help to Quit aP a ��wrryt �a en Ih sur ln>all nllinll �a ^drs Y4. m .Q' VAMO fto wGFL .a/pp-- �t IF WE SEE SMOKE I AROUND YOU, I WE'LLASSUME YOU'RE ON FIRE S DRENCH YOU WITH WATER Exhibit 1. M a p ofthe Downtown Are a Downtown boundaries, as defined incurrent smoking ordinance (current rules: smoking pChlb}ed, except while actively passing) Potential smoke-free zone (smoking completely prohibited; no "act&e/ passing exception) d 41 @ % © 2»@k. G ` 1= e / ! deemfm¥- / 3 �© � § . - � $ , � � ° ® « � � ^ ® ° Gm■4@ 2 ori ��iG� OM_a U«w e� / > ZL ` f # f ,V LY Ak / m amm n , u afm rg ^ 1 & f &A # ` & •ComCompany C � ? CU A o � &d S4 / d 41 @ % © 2»@k. G ` 1= e / ! deemfm¥- / 3 �© � § . - � $ , � Smoking in Downtown — Regulatory Options • Eliminate "actively passing" exception within a zone of Downtown; • Eliminate "actively passing" exception in all of Downtown; • Take no action (status quo) Provide direction to staff on the following recommendation: • Prohibit use of e -cigarettes in public places, but allow them in private residences; • Eliminate the exception that allows smoking while actively passing throughout the entire Downtown area; and • Add pedestrian -friendly signage to the Downtown.