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HomeMy WebLinkAboutItem 5.1 Model Smoking Control Ordinance CITY OF DUBLIN 0— go AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 12, 1986 SUBJECT Written Communication - Smoking Action Coalition Re: Model Smoking Control Ordinance EXHIBITS ATTACHED Letters from Joseph C. Beck, M.D . , dated April 29 , 1986 and February 13 , 1986 and attachments RECOMMENDATION 1 ) Hear remarks from Smoking Action Coalition 2 ) Consider request FINANCIAL STATEMENT: None DESCRIPTION The City has received a letter from the Alameda County Smoking Action Coalition requesting that the City Council set a public hearing date to consider the Alameda County Smoking Action Coalition ' s Model Smoking Control Ordinance . ---------------------------------------------------------------------------- COPIES TO: Joseph C. Beck, M.D. Shirley Anderson ITEM NO. Susan Magazine V f D c SW JNG ACTION COALIT, N MAY 5 9910 sponsored by ALAMEDA COUNTY HEALTH AGENCIES AMERICAN CANCER SOCIETY • AMERICAN LUNG ASSOCIATION AMERICAN HEART ASSOCIATION 3100 Summit, 5th Floor, Suite B Oakland, CA 94609 (415) 832-7012 April 29, 1986 Peter W. Snyder Mayor, City of Dublin City Hall P.O. Box 2340 Dublin, CA 94568 Dear Mayor Snyder: As requested by telephone, the Alameda County Smoking Action Coalition hereby requests to be placed on the agenda for the May 12 Dublin City Council meeting. We would like the Council to consider and set a date for a public hearing on our model smoking control ordinance. Similar ordinances already exist in Berkeley, Livermore, and Albany and are under consideration by several other Alameda County cities. The Coalition representative for Dublin, Shirley Anderson , will be contacting you within the week to provide any additional information you may require or to answer any questions pertinent to our model ordinance, of which you have a copy. Sincerely, 'oseph C. Beck , M.D. , Chairman Alameda County Smoking Action Coalition JCB/me cc: Shirley Anderson AMERICAN CA14CER AMERICAN LUNG ASSOCIATION American Heart Association SOC1EiY of Alameda County SM - .'ING ACTION COALIT, IN a sponsored by , ALAMEDA COUNTY HEALTH AGENCIES AMERICAN CANCER SOCIETY •.AMERICAN LUNG ASSOCIATION • AMERICAN HEART ASSOCIATION 3100 Summit, 5th Floor, Suite B February 13, 1966 Oakland, CA 94609 (415) 832-7012 Mr. Richard C. Ambrose R E C E ! `r City Manager, City of Dublin P. e, Box 21,40 FEB 1419-35 Dublin, CA 94568 Dear Mr. Ambrose; The American Cancer Society, the American Heart Association and the American Lung Association, working with Americans for Nonsmokers' Rights, have formed the Alameda County Smoking Action Coalition to promote smoking control legislation in the workplace and in designated public places. Because of the recognition that smoking poses health hazards to the nonsmoker as well as the smoker and because of the well documented costs of smoking to both employers and employees, smoking control ordinances have been implemented in over 74 cities and 15 counties across California including Contra Costa County and its 18 cities. Voluntary guidelines, which provide protection to a select few, have been tried in some jurisdictions, but have invariably failed and been replaced by ordinances similar to the model developed by our coalition. Enclosed is a copy of our model ordinance with additional material we trust will be of interest. The Alameda County Smoking Action Coalition is committed to assist and encourage government and business in this major step toward better health in our community. We will contact you in the near future. If you have any questions or require additional information , please call me or Susan Magazine. My numbers are on the attached card and Ms, Magazine is with the American Cancer Society at 893-7940. Sincerely, (415) 889-5084 C4 5) 537-1234 J C. Beck , M. D. , Chairman Alameda County Smoking Action Coalition JOSEPH C. BECK, M.O. _ EAST BAY RADIATION ONCOLOGY MEDICAL J C B/me GROUP.INC. Enclosures EDEN HOSPITAL 20103 LAKE CHABOT RD..CASTRO VALLEY.CA 9454$ clAMERICAN o AMERICAN LUNG ASSOCIATION American Heart CANCER Association 4 SOCIETY of Alameda County SMOKING ACTION COALITitA sponsored by ALAMEDA COUNTY HEALTH AGENCIES AMERICAN CANCER SOCIETY o AMERICAN LUNG ASSOCIATION G AMERICAN HEART ASSOCIATION 3100 Summit, 5th Floor, Suite B Oakland, CA 94609 (415) 832-7012 MYTHS & FACTS ABOUT SMOKING CONTROL LEGISLATION Myth: Voluntary guidelines are effective in controlling smoking in the workplace and public places. Fact: The benefit of a smoking control ordinance is its ability to protect the health, safety and general welfare of all residents rather than varied and minimal benefits to a select few who are provided with voluntary protection. The volunteers have volunteered. Restaurants and businesses who will voluntarily provide smoking controls have done so and will not respond to a request to do so voluntarily. (1985 Tobacco Institute Survey of the Fortune 1000) . Myth: Ordinances do not regulate smoking, but rather regulate business, and government has no place intruding into business, Fact: Elected officials have sworn an oath to protect the health, safety, and general welfare of their constituents. They have an obligation to provide a safe, healthy environment for their residents and those who work in their communities. This is a health issue, not a political issue. Government also has a history of concern in the area of public health, as evidenced by the federal Clean Air Act. ' Indoor air pollution is as much a governmental concern as outdoor air pollution. Myth: The cost of enforcing a local smoking control ordinance is prohibitive. Fact: A survey of nineteen California cities with smoking control ordinances was conducted in August, 1985 by the American Cancer Society. The cities ranged in population from 13,000 to 3.5 million. The results indicated that implementation costs are minimal and most "complaints" are informational requests. Myth: There is no evidence to prove the relationship between passive smoking and disease. Fact: The. EPA and the ACS have recently released research results which indicate that exposure to cigarette smoke "can" increase the risk of cancer for a nonsmoker. While there are more than 30,000 studies on the effects of smoking on a smoker, there are only about 600 studies on the health effects of breathing second—hand smoke. The evidence is enough , however, to support the National Research Council of the National Academy of Sciences, who is 1981 , reached the conclusion that, "Public policy should clearly articulate that involuntary exposure to tobacco smoke ought to be minimized or avoided where passible". lanua y 1986 c� AMER E AMERICAN LUNG ASSOCIATION American heart SOCIETY of Alameda County Association SMOKING ACTION COALITIvN sponsored by ALAMEDA COUNTY HEALTH AGENCIES AMERICAN CANCER SOCIETY • AMERICAN LUNG ASSOCIATION + AMERICAN HEART ASSOCIATION 3100 Summit, 5th Floor, Suite 8 Oakland, CA 94609 (415) 832-7012 CITIZENS WANT CLEAN INDOOR AIR Workplace Surveys; 75% of adults believe management has the right to restrict smoking in offices and factories. (U. S. Gov't. Adult Use of Tobacco, 1975) 76% of nonsmoking workers are bothered by smoke at work. (Social Security Administration Headquarters, Baltimore, MD, 1978) 9% increase in favor of workplace segregation for smokers/nonsmokers from 1976 to 1978. (Roper Poll for the Tobacco Industry, 1978) 50% of 10,000 nonsmoking office workers have difficulty working near a smoker and 35% were forced to move. (C.B. Barad, 1979) 75% of employees are nonsmokers; majority of smokers and nonsmokers are bothered by smoke and want change. (N.J. State Department of Health , Internal Survey, 1979) 40% of complaints about irritation fumes in the workplace cited smoke; all complaints were write—ins_. (Working Women, 1980) 92% of citizens, including 87% of people who smoke two packs a day, favor the Minnesota law requiring workplace controls. (Minnesota State Department of Health, 1980 Survey) 80% of nonsmoking employees are bothered by smoke. 60% of all employees are bothered by smoke. (Pacific Telesis, 1983) 87% of nonsmokers want workplace controls; 63% want separate areas; 24% want a ban, 75% of smokers want workplace controls; 64% want separate areas; 11% want a ban. (Gallup Poll for the American Lung Association , 1983) 1985 AMERWAN CANCER AMERICAN LUNG ASSOCIATION American Heart . SOCIETY of Alameda County Association SMC,.,r-,ING ACTION COALITION sponsored by ALAMEDA COUNTY HEALTH AGENCIES AMERICAN CANCER SOCIETY • AMERICAN LUNG ASSOCIATION AMERICAN HEART ASSOCIATION 3100 Summit, 5th Floor, Suite B Oakland, CA 94609 (415) 832-7012 CITIZENS WANT CLEAN INDOOR AIR Public Places Including Restaurants: 70% of Americans want smoking limited. (U.S. Gov't. , Adult Use of Tobacco, 1975) 64% favor separate sections or a ban in public. (Gallup , Nov. , 1977) 78% of nonsmokers and 68% of smokers favor separate areas in public places, (American Lung Association of Pennsylvania, 1977) 61X of registered voters support prohibition in public. (Associated Press and WNBC-TV, May, 1979) 75% of passengers requested nonsmoking sections in 1979, double the 1977 rate. (United Airlines) #1 problem in restaurants is SMOKE! (Gallup Poll , Sept. , 1982) 86% of smokers want restaurants controlled; 74% favor separate areas and 12% want ban. 91% of nonsmokers want restaurants controlled; 65% favor separate areas and 26% want ban. (Gallup Poll for American Lung Association, 1983) 84% prefer restaurants with nonsmoking areas, (Rutgers University Survey in Camden County, 1984) 78% believe second-hand smoke increases risk of lung cancer, (Rutgers University Survey in Camden County, 1984) 73% of all respondents favor restaurant separation of smoking, (Roper Poll for the Tobacco..Industry, 1984) 1985 AmericanHeaft tE" AMERICAN° LUNG ASSOCIATION C NCF-R Association V. SOC]ETy of Alameda County MODEL ORDINANCE PROPOSED BY ALAMEDA COUNTY SMOKING ACTION COALITION SPONSORED BY AMERICAN CANCER SOCIETY, AMERICAN. HEART ASSOCIATION, AND AMERICAN LUNG ASSOCIATION. SMOKING POLLUTION CONTROL ORDINANCE SEC. 1000 Title SEC. 1001 Findings and Purpose SEC. 1002 Definitions SEC. 1003 Application of Article to City Owned Facilities SEC. 1004 Prohibition of Smoking in Public Places SEC. 1005 Regulation of Smoking in Places of Employment SEC. 1006 Where Smoking Not Regulated SEC. 1007 Posting of Signs SEC. 1008 Enforcement SEC. 1009 Violations and Penalties SEC. 1010 Nonretaliation SEC. 1011 Public Education SEC. 1012 Governmental Agency Cooperation SEC. 1013 Other Applicable Laws SEC. 1014 Severability SEC. 1015 Effective Date Sec. 1000 Title This article shall be known as the Smoking Pollution Control Ordinance. Sec. 1001 Findings and Purpose The City Council of the City of hereby finds that: Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and Reliable studies have shown that breathing second-hand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function , including asthmatics and those with obstructive airway disease; and Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function , bronchoconstriction , and bronchospasm; and Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and -1- r Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment. Smoking is a documented cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses. Accordingly, the City Council finds and declares that the purposes of this ordinance are 1) to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and 2) to strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that , where these needs conflict, the need to breath smoke-free air shall have priority. Sec. 1002 Definitions The following words and phrases, whenever used in this article, shall be construed as defined in this section: 1 . "Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. 2. "Business" means any sole proprietorship , partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establish- ments where goods or services are sold as well as pro- fessional corporations and other entities where legal , medical , dental , engineering , architectural , or other professional services are delivered. 3. "Dining Area" means any enclosed area containing a counter or tables upon which meals are served. 4. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. 5. "Employer" means any person , partnership, corporation , or non-profit entity, including a municipal corporation, who employs the services of one or more persons. b'. "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. -2- f C 7. "Non-Profit Entity" means any corporation , unincorporated association , or other entity created for charitable, edu- cational , political , social , or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "non-profit entity" within the meaning of this section. 8. "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges, and restrooms, conference and class rooms, cafeterias and hallways. Except: a. A private residence is not a place of employment , unless it is used as a child care or a health care facility. b. The dining area of a restaurant is not a "place of employment". 9. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted , including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments; retail stores,, theaters, and waiting rooms. 10. "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment , organization, club, boardinghouse, or guesthouse, which gives or offers food for sale to the public, guests , patrons, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 1002 (1) . 11 . "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories. 12. "Service Line" means any indoor line at which one or more persons are waiting for or receiving service of any kind , whether or not such service includes the exchange of money. 13. "Smoking" means inhaling , exhaling , burning, or carrying any lighted pipe, cigar, or cigarette of any kind, or any other combustible substance. -3- r 14. "Sports Arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events. Sec. 1003 Application of Smoking in City Owned Facilities. All enclosed facilities owned by the City of shall be subject to the provisions of this article. Sec. 1004 Prohibition of Smoking in Public Places A. Smoking shall be prohibited in all enclosed public places within the City of , including, but not limited to, the following places: 1 . Elevators and restrooms. 2. Buses , taxicabs and other means of public transit under the authority of the City of , and in ticket, boarding , and waiting areas of public transit depots; provided , however , that this prohibition does not prevent (a) the establishment of separate waiting areas for smokers and nonsmokers, of equal size or (b) the establishment of a maximum of 50% of a given waiting area as smoking area. 3. Service lines 4. Retail Stores, except areas in said stores not open to the public and all areas within retail tobacco stores. 5. Retail food marketing establishments , including grocery stores and supermarkets, except those areas of such establishments set aside for the purpose of serving of food and drink , restrooms and offices, and areas thereof not open to the public , which may be otherwise regulated by this article. b. All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public , including , but not limited to, business offices, banks, hotels and motels. 1. Restaurants, provided , however , that this prohibition does not prevent (a) the designation of a contiguous area within a restaurant that contains a maximum of 50% of the seating capacity of the restaurant as a smoking area, or (b) providing separate rooms designated as smoking rooms, so long as said rooms do not contain more than 50% of the seating capacity of the restaurant. -4- c ' i B. Public areas of aquariums, libraries, and museums when open to the public; provided , however, that this pro- hibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area. 9. Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production, provided however , that this prohibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area. 10. Sports arenas and convention halls, except in designated smoking areas. 11. Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council , commission, committee, or agencies of the City or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City. 12. Waiting rooms, hallways, wards, and semi-private rooms of . health facilities, including , but not limited to, hospitals, clinics, physical therapy facilities, doctors ' offices and dentists' offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility 's admission forms to be placed in a room where smoking is permitted. 13. Polling Places. B. Notwithstanding any other provision of this section , any owner , operator, manager or other person who controls any establish- ment described in this section may declare that entire establishment as a nonsmoking establishment. Sec. 1005 Regulation of Smoking in Places of Employment A. It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. -5- r B. Within 60 days of the effective date of this article, each employer and each place of employment located within the City shall adopt , implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements: 1. Any employee in a place of employment shall have the right to designate his or her work area as a non-smoking area and to post the same with an appropriate sign or signs, to be provided by the employer. 2. Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, and restrooms . Provision and maintenance of separate and contiguous nonsmoking areas of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges or provision and maintenance of separate and equal sized cafeterias, lunchrooms and employee lounges for smokers and nonsmokers. 4. In any dispute arising under this smoking policy, the health concerns of the non-smoker shall be given precedence. C. The smoking policy shall be communicated to all employees within three weeks of its adoption. D. All employers shall supply a written copy of the smoking policy to any prospective employee. E. Notwithstanding any other provisions of this section , every employer shall have the right to designate any place of employment, or any portion thereof , as a nonsmoking area. Sec. 1006. Where Smoking Not Regulated A. Notwithstanding any other provisions of this Ordinance to the contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Bars. 2. Private residences, except when used as a child care or a health care facility. 3. Hotel and motel rooms rented to guests. 4. Retail tobacco stores. -6- r, r 5. Restaurant , hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions; b. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by non-smokers. B. Notwithstanding any other provision of this section , any owner, operator , manager , or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Sec. 1007 Posting of Signs A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than 1" in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner , operator, manager or other person having control of such building or other place. B. Every theater owner , manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. C. Every restaurant shall have posted at every entrance a sign clearly stating that a nonsmoking section is available and the size of that section. Every patron shall be asked as to his or her preference by the host or hostess (if one is on duty) . A person taking reservations for a restaurant shall likewise ask if there is a nonsmoking or smoking preference, Sec. 1008 Enforcement A. Enforcement shall be implemented by the City Manager. B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager , or his designees. C. Any owner, manager , operator or employer of any establishment controlled by this article shall have the right to inform persons violating this article of the appropriate provisions thereof . -7- D. Notwithstanding any other provisions of this article, a private citizen may bring legal action to enforce this article. Sec. 1009 Violations and Penalties A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this article to fail to comply with its provisions. The owner, manager or operator of a restaurant shall not be deemed in violation of Sec. 1007 (c) if the host or hostess of the restaurant fails to ask the seating preference of patrons, but shall be deemed in violation thereof if the restaurant has no stated policy requiring that patrons be asked their preference. A. It shall be unlawful for any person to smoke in any area restricted by the provisions of this article. C. Any person who violates any provision of this article shall be guilty of an infraction, punishable by: 1 . A fine, not exceeding $100, for first violation; 2. A fine, not exceeding $200, for a second violation of this article within 1 year; 3. A fine, not exceeding $500, for each additional violation of this article within 1 year. Sec. 1010 Nonretaliation No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this article. Sec. 1011 Public Education The City Manager shall engage in a continuing program to explain and clarify the purposes of this article to citizens affected by it , and to guide owners,' operators and managers in their compliance with it. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other governmental and health agencies equipped with the needed expertise to conduct such campaigns. -8- Sec. 1012 Governmental Agency Cooperation The City Manager shall annually request other governmental and educational agencies having facilities within the City to establish local operating procedures in cooperation and compliance with this article. The City Manager shall urge Federal , State, County and special school district agencies to enforce their existing smoking control regulations and to comply voluntarily with this article. Sec. 1013 Other Applicable Laws This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other .applicable laws. Sec. 1014 Severability If any provision or clause of this Ordinance or the application thereof to any person or circumstances held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application , and to this end the provisions and clauses of this Ordinance are declared to be severable. Sec. 1015 Effective Date This article shall be effective thirty (30) days from the date of adoption. -9- AMERICAN CANCER SOCIETY California Division, Inc. TOBACCO AND CANCER CLEARINGHOUSE CALIFORNIA CITIES SMOKING CONTROL ORDINANCE SUMMARY 1/16/86 CITY DATE POPULATION CITY DATE POPULATION - PASSED 1-1-85 PASSED 1-1-85 Antioch 1985 ( 47,250) Pleasant Hill 1985 ( 227,400) Arcata 1985 ( 14, 100) Poway 1983 ( 35,950) Berkeley 1977 (106,500) Richmond 1985 ( 76,900) Brea 1985 ( 32,050) Riverside 1985 ( 183,400) Brentwood 1985 ( 5,200) Sacramento 1985 (309,400) Carlsbad 1983 ( 44,550) San Anselmo 1981 ( 11 ,950) Carpinteria 1985 ( 11 ,400) San Diego 1984 (971 ,600) Chula Vista 1984 ( 90,300) San Francisco 1983 (719,200) Clayton 1985 ( 4,640) San Jose 1984 (696,000) Concord 1985 (105,200) San Luis Obispo 1985 ( 37, 150) Coronado 1984 ( 19,750) San Marcos 1983 ( 19,800) Cupertino 1985 ( 37,950) San Pablo 1985 ( 21 ,300) Danville 1985 ( 27,600) San Rafael 1981 ( 44, 150) Del Mar 1983 ( 5, 125) San Ramon 1985 ( 25, 100) E1 Cajon 1983 ( 80, 100) Santa Barbara 1984 ( 78,000) E1 Cerrito 1985 ( 23,200) Santa Clara 1985 ( 89,000) Escondido 1983 ( 75,800) Santa Monica 1985 ( 93, 100) Eureka 1985 ( 24,600) Santee 1983 ( 49,500) Fresno 1983 (274,800) Saratoga 1975 ( 29,650) Grand Terrace 1985 t 9,875) Scotts Valley 1985 ( 7,500) Hemet 1985 C 28,050) Simi Valley 1975 ( 86, 100) Hercules 1985 ( 8,625) Sunnyvale 1975 ( 111 ,700) Imperial Beach 1985 ( 24,550) Ukiah 1981 ( 13,050) Indio 1985 ( 28,200) Vista 1983 ( 43,450) Irvine 1985 ( 80, 100) Walnut Creek 1985 ( 58, 100) Lafayette 1985 ( 222,500) Yorba Linda 1985 ( 36, 100) Laguna Beach 1985 ( 18,450) La Mesa 1984 ( 52,200) 73 CITIES 9,447,3365 Livermore 1985 ( 52, 100) Long Beach 1985 (381 ,800) Los Altos 1979 ( 27,450) Los Angeles 1984 (3, 144,800) Los Gatos 1980 ( 27,750) Martinez 1985 ( 27,250) Mill Valley 1982 ( 12,800) Milpitas 1985 ( 41 ,850) a Moraga 1985 ( 14,900) Morgan Hill 1985 ( 19,700) Mountain View 1984 ( 61 ,600) National City 1984 ( 51 ,200) Newport Beach 1985 ( 66, 100) Oceanside 1983 ( 91 ,800) Orinda 1985 ( 15,250) Palo Alto 1983 ( 56,200) Pasadena 1984 (126,600) Pinole 1985 ( 14,700) Pittsburg 1985 ( 36,300) AMERICAN CANCER SOCIETY California Division , Inc, TOBACCO AND CANCER CLEARINGHOUSE CALIFORNIA COUNTIES ORDINANCE SUMMARY 1/16/86 COUNTY DATE PASSED IMPACTS Contra Costa 1985 ( 703,400) Fresno 1983 county employees Kern 1981 ( 570,700) Lake 1985 county employees Los Angeles 1985 county employees Marin 1981 ( 223,200) Monterey 1984 county employees Orange 1975 county employees Sacramento 1984 ( 875,900) San Diego 1984 (2,083,400) San Francisco 1983 ( 719,200) San Mateo 1984 county employees .Santa Clara 1985 (1 ,376,900) Santa Cruz 1985 ( 209,400) Yolo 1984 county employees 15 Counties 2 . AMERICAN CANCER SOCIETY California Division, Inc. TOBACCO AND CANCER CLEARINGHOUSE CALIFORNIA CITIES SMOKING CONTROL ORDINANCE SUMMARY 1/16/86 CITY DATE POPULATION CITY DATE POPULATION PASSED 1-1-85 PASSED 1-1-65 Antioch 1985 ( 47,250) Pleasant Hill 1985 ( 27,400) Arcata 1985 ( 14, 100) Poway 1983 ( 35,950) Berkeley 1977 (106,500) Richmond 1985 ( 76,900) Brea 1985 ( 32,050) Riverside 1985 (183,400) Brentwood 1985 ( 5,200) Sacramento 1985 (309,400) Carlsbad 1983 ( 44,550) San Anselmo 1981 ( 11 ,950) Carpinteria 1985 t 11 ,400) San Diego 1984 (971 ,600) Chula Vista 1984 ( 90,300) San Francisco 1983 (719,200) Clayton 1985 . ( 4,640) San Jose 1984 (696,000) Concord 1985 ( 105,200) San Luis Obispo 1985 ( 37, 150) Coronado 1984 ( 19, 750) San Marcos 1983 ( 19,800) Cupertino 1985 ( 37,950) San Pablo 1985 ( 21 ,300) Danville 1985 ( 27,600) San Rafael 1981 ( 44, 150) Del Mar 1983 ( 5, 125) San Ramon 1985 ( 25, 100) El Cajon 1983 ( 80, 100) Santa Barbara 1984 ( 78,000) El- Cerrito 1985 ( 23,200) Santa Clara 1985 ( 89,000) Escondido 1983 ( 75,800) Santa Monica 1985 ( 93, 100) Eureka 1985 ( 24,600) Santee 1983 ( 49,500) Fresno 1983 (274,800) Saratoga 1975 ( 29,650) Grand Terrace 1985 ( 9,875) Scotts Valley 1985 ( 7,500) Hemet 1985 ( 28,050) Simi Valley 1975 ( 86, 100) Hercules 1985 ( 8,625) Sunnyvale 1975 (111 ,700) Imperial Beach 1985 ( 24,550) Ukiah 1981 ( 13,050) Indio 1985 ( 28,200) Vista 1983 ( 43,450) Irvine 1985 ( 80, 100) Walnut Creek 1985 ( 58, 100) Lafayette 1985 ( 22,500) Yorba Linda 1985 ( 36, 100) Laguna Beach 1985 ( 18,450) La Mesa 1984 ( 52,200) 73 CITIES 9,447,365 Livermore 1985 ( 52, 100) Long Beach 1985 (381 ,800) Los Altos 1979 ( 27,450) Los Angeles 1984 (3, 144,800) Los Gatos 1980 ( 27,750) Martinez 1985 ( 27,250) Mill Valley 1982 ( 12,800) Milpitas 1985 ( 41 ,850) Moraga 1985 ( 14,900) Morgan Hill 1985 ( 19,700) Mountain View 1984 ( 61 ,600) National City 1984 ( 51 ,200) Newport Beach 1985 ( 66, 100) Oceanside 1983 ( 91 ,800) Orinda 1985 ( 15,250) Palo Alto 1983 ( 56,200) Pasadena 1984 ( 126,600) Pinole 1985 ( 14,700) Pittsburg 1985 ( 36,300) AMERICAN CANCER SOCIETY California Division, Inc. TOBACCO AND CANCER CLEARINGHOUSE CALIFORNIA COUNTIES ORDINANCE SUMMARY 1/16/86 COUNTY DATE PASSED IMPACTS Contra Costa 1985 t 703,400) Fresno 1983 county employees Kern 1981 ( 570,700) Lake 1985 county employees Los Angeles 1985 county employees Marin 1981 ( 223,200) Monterey 1984 county employees Orange 1975 county employees Sacramento 1984 ( 875,900) San Diego 1984 (2,083,400) San Francisco 1983 ( 719,200) San Mateo 1964 county employees Santa Clara 1985 (1 ,376,900) Santa Cruz 1985 ( 209,400) Yolo 1984 county employees 15 Counties 1. . a V ;• r } ! l J . t r l J „ J r.- L^ z i _. `S S t � and the NONSMOKER Tobacco Smoke ' Teenagers have impaired lung function when First, when the smoker inhales, the tobacco and the their parents smoke; this effect is independent of burns at a higher temperature with more and additive to the effects of any smoking by the complete combustion; and, �T teenagers themselves. Second, the smoke inhaled by a smoker is 1 tf®�� ®k�� The pulmonary function of adult nonsmokers filtered by his cigarette. Many of these chemicals who have worked in smoky offices is impaired to the are known to be carcinogenic in humans or Tobacco smoking produces serious disease in same extent as light smokers. Nonsmokers work- animals. The precise quantity of these chemicals smokers. As biomedical researchers have ing in smoke-free offices have better lung function an involuntary smoker inhales depends on such cemented this link, some have turned their than the light smokers and passive smokers. specifics as where he is located with respect to attention to the question of whether or not the smoldering cigarette, the amount of tobacco tobacco smoke produced by others harms Breathing second-hand smoke can aggravate burned, and the ventilation in the room. the condition of more than 2.5 million Tobacco-related cancer causing chemicals nonsmokers. Research to date supports the $ : following conclusions: Californians with heart or lung disease. appear in the urine of nonsmokers who are Individuals with heart or lung disease exposed to cigarette smoke. Breathing second hand smoke significantly generally have reduced reserve capacity available Air pollution above Federal standards can increases the risk of developing cancer. for transporting oxygen from their lungs to their - occur in enclosed places because of second-hand body tissues. The carbon monoxide in second smoke, even with normal ventilation. A study by the United States Environmental hand smoke binds tightly to the hemoglobin Protection Agency concluded that passive molecule that normally carries oxygen in the These results follow from analyses of carbon smoking accounts for up to 5,000 lung cancer blood, reducing the blood's capacity to carry monoxide and particulate concentrations in air deaths annually in nonsmokers. oxygen. In people with little reserve oxygen- samples taken from enclosed public places and Several independent studies have carrying capacity, this reduction in blood's places of employment. It is important to note demonstrated that nonsmoking wives of smoking oxygen-carrying capacity makes them more that some of the studies found relatively lower or husbands face 2-3 times the risk of developing prone to developing symptoms. higher tobacco-generated pollution lung cancer as nonsmoking wives of For example, people with coronary artery concentrations, depending on the specific nonsmokers. disease exposed to second-hand smoke location being tested. This result is to be Other studies have revealed that involuntary experience angina pectoris, which indicates the expected because tobacco smoke, like any smoking is associated with a doubling of overall heart is not receiving adequate oxygen, after pollutant, is not uniformly distributed. cancer risk, including breast, cervical and shorter periods of exercise than they do when Nevertheless, cigarette smoking often led to endocrine cancers. There is evidence that breathing clean air. Similarly, people with carbon monoxide concentrations above 9 parts childhood exposure to cigarette smoke increases hypoxic chronic lung disease experience per million (the Federal Ambient Air Quality the risk of developing cancer as an adult. shortness of breath after shorter periods of Standard) and always exceeded the Federal exercise when exposed to second-hand smoke Standard for particulates. Breathing second-hand smoke for extended than when breathing clean air. The nicotine in periods causes other diseases in healthy second-hand smoke may also play some role in Second-hand smoke can cause burning of nonsmokers. mediating these effects. the eyes and nasal passages, headaches, nausea and discomfort in nonsmokers, and can aggra- Children of smoking parents have more Second-hand smoke, like all tobacco smoke, vate the condition of persons with allergies to respiratory illnesses and allergic manifestations contains more than 4600 toxic chemicals, other substances. than similar children of nonsmoking parents. (including cyanide, arsenic, formaldehyde, These symptoms are created by second-hand The illnesses appear to be dose-related; that is, methane, propane, carbon monoxide, acetone, smoke inflaming the eyes or naso-bronchial when both parents smoke, the children have and ammonia). passages or by the carbon monoxide restricting more respiratory illnesses than if only one parent This conclusion follows from chemical transport of oxygen to the brain and other vital smokes. Since babies and very young children do organs. Those people with a history of allergies not smoke, their increased respiratory illnesses in analyses of smoke emanating from the end of lighted cigarettes. The concentrations of some of to other substances are more likely to report the families where one or more parents smoke clear- irritating effects of tobacco smoke. ly results from exposure to second-hand smoke. these chemicals are higher in the second-hand smoke than the primary smoke the smoker For a list of the more than 500 scientific inhales for two reasons: publications used to prepare this summary send '+ $"10 to Californians for Nonsmokers' Rights. Californians for Nonsmokers' Rights and the California Nonsmokers' Rights Foundation seek to develop a coordinated action-oriented program of legislative, educational and legal activities to permit nonsmokers to avoid involuntary expo- sure to tobacco smoke in public places and t places of employment. f Here is what Surgeon General C. Everett K 0 op says about involuntary smoking: There is all the medical evidence necessary to f support reasonable and sensible protection for the ' nonsmoker against the irritation and potential harm t that comes from other people's smoke. The harmful constituents of mainstream cigarette ti smoke are found in sidestream smoke, sometimes to a greater extent than in mainstream smoke. r Pollution from tobacco smoke in homes, offices, other worksites and in certain public places can reach _ levels which exceed contaminant levels permitted under environmental and occupational-health T regulations. Nonsmokers absorb the constituents of tobacco . r smoke into their bodies, even though in smaller amounts than is true of those who smoke. wp x { Passive smoking can make the symptoms of asthma and chronic bronchitis worse, and make life { miserable for people with allergic conditions. i 2 Maternal smoking has a harmful effect on i pregnancy, including an increased risk of miscarriage, prematurity, stillbirth, death soon after birth, low birth weight and fetal death. There is increasing evidence to suggest that k . environmental tobacco smoke can bring about disease, including lung cancer, in healthy adults, children and infants. It is on the basis of these facts that 1 advise nonsmokers to avoid exposure to cigarette smoke wherever possible, and that, in particular, they should protect infants and children from this smoke. N ori`sm�ohers Right 2054 University Avenue, Suite 500 f Berkeley, California 94704 ' (415) 841-3032 i I r © 1985 Californians for Nonsmokers' Rights j