HomeMy WebLinkAboutOrd 15-06 Secondhand Smoke Nuisance
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ORDINANCE NO. 15 - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DUBLIN AMENDING SECTION 5.56.040 AND ADDING SECTION 5.56.160
TO THE DUBLIN MUNICIPAL CODE
TO DECLARE SECONDHAND SMOKE A NUISANCE
WHEREAS, secondhand smoke, also known as environmental tobacco smoke, is a mixture of the
smoke given offby burning cigarettes, pipes, and cigars, and the smoke exhaled from the lungs of
smokers; and
WHEREAS, on June 27,2006, the United States Surgeon General issued a report concluding that
there is no risk-free level of exposure to secondhand smoke (the "Surgeon General Report,,);l and
WHEREAS, the Surgeon General Report estimates that approximately 127 million children and
nonsmoking adults were exposed to secondhand smoke in 2000, including almost 22 million children
aged 3 through 11 years, and 18 million nonsmoking youth aged 12 through 19 years;2 and
WHEREAS, the Surgeon General Report concludes that for non-smoking adults, exposure to
secondhand smoke: 1) increases the risk of coronary heart disease by 25 to 30 percent,3 and 2) causes a 20
to 30 percent increase in the risk oflung cancer for those living with a smoker;4 and
WHEREAS, the Surgeon General Report adopted estimates of the California Environmental
Protection Agency concluding that secondhand smoke accounts for 46,000 premature deaths from heart
disease and 3,000 premature deaths from cancer in the United States each year;5 and
WHEREAS, the Surgeon General Report concludes that children exposed to secondhand smoke
are at an increased risk for sudden infant death syndrome (SillS), acute respiratory infections, ear
problems, and more severe asthma;6 and
WHEREAS, the Surgeon General Report concludes that a smoke-free environment is the only
way to fully protect nonsmokers from the dangers of secondhand smoke because mitigation measures
1 United States Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco
Smoke: A Report of the Surgeon General (2006) pp.649-650.
2Id. at p. 154.
3 Id. at p. 532.
4 !d. at p. 445.
5 !d. at pp. 484 and 532.
6 Id. at pp. 242-243.
Ord No. 15-06, Adopted 9/5/06, Item 6.2
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such as separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate
exposure of nonsmokers to secondhand smoke; 7 and
WHEREAS, on January 26, 2006, the California Air Resources Board (ARB) formally identified
secondhand smoke as a Toxic Air Contaminant, which is an air pollutant that may cause or contribute to
an increase in deaths or serious illness, or that may pose a present or potential hazard to human health;
and
WHEREAS, upon identification of secondhand smoke as a Toxic Air Contaminant, the ARB will
develop a risk reduction report on the potential actions to reduce secondhand smoke exposures in
California, which will review state and local anti-smoking programs, public education efforts regarding
exposure, and identify additional opportunities to reduce risk; and
WHEREAS, the Environmental Protection Agency (EP A) has classified secondhand smoke as a
known cause of cancer in humans (Group A carcinogen);8 and
WHEREAS, the California Environmental Protection Agency estimates that secondhand smoke
causes between 150,000 and 300,000 lower respiratory tract infections in infants and children under 18
months of age, resulting in between 7,500 and 15,000 hospitalizations each year, and causes 1,900 to
2,700 SillS deaths in the United States each year;9 and
WHEREAS, the Dublin Municipal Code (DMC) prohibits smoking in public places, certain
places of employment, enclosed common areas of multi-unit buildings and certain unenclosed areas, but
does not prohibit smoking in or around private residences; and
WHEREAS, the DMC does not provide any recourse for residents who are exposed to
secondhand smoke within their homes and on their residential property; and
WHEREAS, the City Council desires to declare secondhand smoke a nuisance, thereby enabling
private parties to abate secondhand smoke as a nuisance, without the involvement of City resources or
staff time in abating such nuisance.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section L Amendment of Section 5.56.040. The definition of "Smoking" in Section 5.56.040 is
hereby amended as follows:
7 Id. at pp. 649-650.
8 Ibid
9 California Environmental Protection Agency. Health Effects of Exposure to Environmental Tobacco Smoke. September
1997.
Ord No. 15-06, Adopted 9/5/06, Item 6.2
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"Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any
lighted pipe, cigar or cigarette of any kind, or any other combustible substance.
Section 2. Amendment of Section 5.56.040. Section 5.56.040 is hereby amended to add the
following definition:
"Secondhand smoke" means the tobacco smoke created by burning or carrying any lighted pipe,
cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in Smoking.
Section 3. Addition of Section 5.56.160. Section 5.56.160 is hereby added to the Dublin
Municipal Code to read as follows:
8.56.160
Secondhand Smoke-Declaration of Nuisance.
Secondhand smoke constitutes a nuisance. Notwithstanding any other provisions of this chapter, a
private citizen may bring a legal action to abate secondhand smoke as a nuisance.
Section 4: F;ffective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 5: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following
vote:
AYES: Councilmembers Hildenbrand and McCormick, and Mayor Lockhart
NOES: Councilmembers Oravetz and Zika
ABSENT: None
ABSTAIN: None
ATTE\~,^ ~
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835012-1
Ord No. 15-06, Adopted 9/5/06, Item 6.2
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