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HomeMy WebLinkAbout07938ORDINANCE NO. 7938 AN ORDINANCE AMENDING THE PUEBLO SMOKE -FREE ACT OF 2002 BY ADDING A PROVISION PROHIBITING SMOKING ON CERTAIN PUBLIC RIGHT -OF -WAY ADJOIN -ING HOSPITALS AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 City Council finds and determines that: (a) secondhand smoke (also known as environmental tobacco smoke) is a complex mixture of thousands of chemicals that are emitted from burning tobacco; (b) the United States Environmental Protection Agency (EPA) has classified environmental tobacco smoke as a Group A carcinogen under EPA's carcinogen assessment guidelines, which classification is reserved for those compounds or mixtures that have been shown to cause cancer in humans; (c) breathing secondhand smoke for a short time can have immediate adverse effects on the cardiovascular system, interfering with the normal functioning of the heart, blood, and vascular systems in ways that increase the risk of heart attack; (d) persons who already have heart disease are at especially high risk of suffering adverse effects from breathing secondhand smoke and should take special precautions to avoid brief exposure; (e) secondhand smoke contains many chemicals that can quickly irritate and damage the lining of the airways and brief exposure can trigger respiratory symptoms, including cough phlegm, wheezing, and breathlessness; (f) persons who have asthma or other respiratory conditions are at especially high risk for being affected by secondhand smoke and should take special precautions to avoid secondhand smoke exposure: (g) outdoor secondhand tobacco smoke may have an acute effect on susceptible populations; (h) short -term outdoor secondhand tobacco smoke exposure could be a danger to high -risk persons; and (i) hospitals treat people with such diseases and injuries and are dedicated to providing a safe, clean, and healthy environment and to promoting health, wellness, and prevention. SECTION 2 Section 7 -6 -3 of the Pueblo Municipal Code is amended by the addition of the following new definitions: Flow line means the face of the curb and gutter, or if no curb and gutter, the edge of the pavement. Hospital has the same meaning as set forth in Section 17 -2- 1(25.1). SECTION 3 Chapter 6 of Title VII of the Pueblo Municipal Code is amended by the addition of the following new section 7- 6 -6.1: 7 -6 -6.1 Prohibition in Public Right -of -Way Adjoining Hospitals. u Smoking is prohibited on the public right -of -way (including, without limitation, sidewalks, lawns, tree lawns, and alleys) adjoining hospitals or other hospital -owned properties or properties leased by any hospital, up to the closest flow line. This prohibition does not apply to persons in moving vehicles in alleys. u Hospitals shall post "No Smoking" or "Smoke Free," or the international "No Smoking" symbol described in Section 7- 6 -9(a), or both in conspicuous places on their property(ies) sufficient to provide public notice of this smoking prohibition. Failure to post signage under this section is not punishable under this Code. u Notwithstanding a hospital's responsibility to post signs, the presence or absence of signs shall not be a defense to a violation of any provision of this section. u It shall be unlawful and a Class 2 municipal offense for any person to violate the provisions of section 7- 6- 6.1(a). SECTION 4 This Ordinance shall become effective upon final passage and approval. INTRODUCED November 24, 2008 BY Vera Ortegon Councilperson ra i I I T'�l rtw d]UH� ATTESTED aY { CLERK PASSED AND APPROVED: December 8, 2008 Background Paper for Proposed ORDINANCE AGENDA ITEM # 27 DATE: NOVEMBER 24, 2008 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING THE PUEBLO SMOKE -FREE ACT OF 2002 BY ADDING A PROVISION PROHIBITING SMOKING ON CERTAIN PUBLIC RIGHT -OF- WAY ADJOINING HOSPITALS AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should City Council prohibit smoking on certain public right -of -way adjoining hospitals? RECOMMENDATION This Ordinance is recommended by Councilperson Weaver. BACKGROUND The Ordinance prohibits smoking on public right -of -way (including sidewalks, lawns, tree lawns, and alleys) adjoining hospital and hospital -owned or leased properties up to the face of the curb and gutter, or if no curb and gutter, the edge of the pavement. Violation of the ordinance is a Class 2 municipal offense. The Ordinance is patterned after Denver's ordinance enacted August 18, 2008. FINANCIAL IMPACT None.