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HomeMy WebLinkAbout21-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 21-06 Ordinance No. Passed 20 AN ORDINANCE AMENDING SECTION 94.11 OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN REGARDING SMOKING PROHIBITIONS, BY ENACTING A NEW SUB-SECTION WHICH PROHIBITS SMOKING IN DUBLIN-OPERATED OUTDOOR POOL AREAS WHEREAS, the City of Dublin supports and encourages a smoke-free environment for its residents; and WHEREAS, in the past twenty-five years more than 1,000 papers and studies have been published about secondhand smoke demonstrating severe and pervasive injury to nonsmokers exposed to tobacco smoke; and WHEREAS, the United States Centers for Disease Control states that between 38,000 and 62,000 nonsmoking Americans die every year from exposure to secondhand smoke; and WHEREAS, secondhand smoke has been shown to contain over4,000 chemical compounds, 200 of which are known poisons including carbon monoxide, arsenic, cyanide, benzene and formaldehyde; and WHEREAS, secondhand smoke is classified as a "Class A Carcinogen" by the U.S. Environmental Protection agency and, by definition, there is no safe level of exposure to a Class A Carcinogen; and WHEREAS, secondhand smoke has been shown to substantially increase the risk of lung cancer, nasopharyngeal cancer, breast cancer, heart disease in adults and sudden infant death syndrome, asthma and airway disease in children; and WHEREAS, nonsmoking workers chronically exposed to secondhand smoke are on average 1 /3 more likely to get lung cancer than those who aren't exposed; and WHEREAS, our children deserve to grow up free of the hazards of secondhand smoke; and, WHEREAS, everyone has the right to breathe clean air while in the pursuit of recreational activities; and WHEREAS, no one should be required to risk disease and disability from secondhand smoke while enjoying activities at City-operated outdoor pool facilities; and WHEREAS, everyone, even those made vulnerable because they are young or old or ill should beable toenter aCity-operated outdoor pool facility without fear of harm from secondhand smoke; and WHEREAS, there are additional health concerns at outdoor pool facilities as people are often barefoot and wearing swimming attire, and burning or recently extinguished cigarettes or cigars create an additional danger of burning victims; and WHEREAS, Council has determined that it is in the best interest of the residents and employees within the City of Dublin and their health, welfare and safety to prohibit smoking in City-operated outdoor pool facilities. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 21-06 Page Ordinance No. Passed 20 NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring, that: Section 2. The following be adopted as new Section 94.11 of the Dublin Codified Ordinances. 94.11 Prohibitions. (A) No proprietor of a public place or employer of a place of employment shall negligently permit smoking in said public place or place of employment within the City of Dublin, except as provided in Section 94.13 of this Chapter. (B) All enclosed areas, including buildings and vehicles owned, leased, or operated by the City of Dublin, shall be subject to the provisions of this Chapter. (C) All areas within ten (10) feet of the ventilation intake system, any ingress, egress, windows or any other means of access capable of being opened that are part of any enclosed area shall be subject to the provisions of this Chapter so as to ensure that smoke does not enter the enclosed area through entrances, windows, ventilation systems, or other means. (D) Smoking shall also be prohibited in the enclosed fenced areas, and within ten (10) feet of enclosed fenced areas of all City-operated outdoor pools including the Dublin Community Pool North located at 5660 Dublinshire Drive, Dublin Community Pool South located at 6363 Woerner Temple Road, and all future City-operated outdoor pools located within the jurisdiction of the City of Dublin. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this 1sf" day of 2006. Mayor-Presiding Officer Attest: Clerk of Council I hereby certify that copies of thi Ordinance/Resolution were posted in th City of Dublin in accordance with Sectio 731.25 of the Ohio Revised Code. D Ity Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY of DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Jane S. Brautigam, City Manager Date: April 26, 2006 Initiated By: Matt Earman, Director of Recreation Services Re: An Ordinance Amending Section 94.11 of the Dublin City Code Regarding Smoking Prohibitions, by Enacting New Sub-Section which Prohibits Smoking in Dublin-Operated Outdoor Pool Areas Summary In order to prevent burn injuries and other vulnerabilities associated with smoking, staff has historically enforced an administrative "No-Smoking" rule within the enclosed fenced areas of the City's outdoor pools. Since adoption of City Code regarding smoking prohibitions implemented in 2005, staff has experienced some difficulty imposing the rule given that the prohibited locations within the Code do not include the outdoor pool facilities. In an effort to effectively enact this prohibition, staff is seeking an amendment to Section 94.11 of the Dublin City Code to incorporate the smoking prohibition within the fenced areas of the City's outdoor pool facilities. Pending Council's approval, staff is prepared to put in place the appropriate signage to indicate the smoking prohibition policy, and to provide necessary distinguishing devices to maintain designated smoking areas outside of the fenced areas. As requested at first reading of this ordinance, legal counsel and staff are investigating whether additional locations should be considered for smoking prohibition. Information will be provided to members of Council in the future about these possibilities. Recommendation Staff recommends approval of this ordinance amending Section 94.11 of the Dublin City Code regarding smoking prohibitions in Dublin-operated outdoor pool areas. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN_ phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Jane S. Brautigam, City Manage~o,,,,,.~~s, b Date: April 13, 2006 Initiated By: Matt Earman, Director of Recreation Services Re: An Ordinance Amending Section 94.11 of the Dublin City Code Regarding Smoking Prohibitions, by Enacting New Sub-Section which Prohibits Smoking in Dublin-Operated Outdoor Pool Areas Summary In order to prevent burn injuries and other vulnerabilities associated with smoking, staff has historically enforced an administrative `~To-Smoking" rule within the enclosed fenced areas of the City's outdoor pools. Since adoption of City Code regarding smoking prohibitions implemented in 2005, staff has experienced some difficulty imposing the rule given that the prohibited locations within the Code do not include the outdoor pool facilities. In an effort to effectively enact this prohibition, staff is seeking an amendment to Section 94.11 of the Dublin City Code to incorporate the smoking prohibition within the fenced areas of the City's outdoor pool facilities. Pending Council's approval, staff is prepared to put in place the appropriate signage to indicate the smoking prohibition policy, and to provide necessary distinguishing devices to maintain designated smoking areas outside of the fenced areas. Recommendation Staff recommends approval of this ordinance amending Section 94.11 of the Dublin City Code regarding smoking prohibitions in Dublin-operated outdoor pool areas.