Minutes - 2009 - City Council - 01/20/2009 - Regular
EAGLE CITY COUNCIL
Minutes
January 20, 2009
PRE-COUNCIL AGENDA: 6:30 D.m. - 7:30 D.m.
1. American Cancer Society presentation. Heidi Lower, Director of Government Relations,
discusses Smoke Free Idaho.
Adrian Casper, American Heart Association, discusses the need for a Smoke Free Idaho.
General discussion.
Discussion on Council liaison positions for 2009.
Mayor is recommending that the Chairman for the committees report to the Council once a
month, preferably the 2nd meeting of the month and also recommends not having a liaison for
Design Review. General discussion.
Discussion on the liaison for Design Review.
Discussion on the role of a liaison.
General discussion on individual liaison positions. The liaison position for the Design Review
Board is eliminated and ACHD and ITD will be incorporated into the Transportation Committee
with Council Member Semanko as the liaison.
2. Mayor and Council Reports: Moved to the end of the Agenda
3. City Clerk/Treasurer Report: Moved to the end of the Agenda
4. Zoning Administrator's Report: Moved to the end of the Agenda
5. Public Works Director Report: Moved to the end of the Agenda
6. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:35 p.m.
2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Mr. Bond leads the Pledge of Allegiance.
4. PUBLIC COMMENT: C.J. Thompson asks what the City's the process is for Wildlife
Mitigation Plan. General discussion. Discussion on a steering committee for the BLM land.
General discussion.
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
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K:ICOUNCIL IMINUTES\2009ICC-0 I -20-09min. doc
A. DR-10-05 MOD - Modification to the Master Si!!n Plan for a Multi-tenant
Office Buildin!! - 25 ProDerties. LLC: 25 Properties, LLC, represented by Jim
Stroo with Sign-A-Rama, is requesting design review approval to modify the master
sign plan for a multi-tenant office building. The site is generally located north of
East State Street approximately 1 50-feet west of Plaza Drive within the Winding
Creek Development (Lot 11, Block 2) at 1005 East Winding Creek Drive.(WEV)
B. Minutes of December 16. 2008.
C. Resolution 09-03: A resolution of the Mayor and Council of the City of Eagle,
Idaho, adopting an identity theft prevention program. (SKB)
D. Resolution 09-04: Declaration of surplus property for Eagle Public Library. (SKB)
E. EXT-19-08/PP-07-07 - Preliminarv Plat Extension of Time for Ea!!le Commons
(aka Bald Ea!!le Pointe) Subdivision -Bank of the Cascades: Bank of the
Cascades, represented by Craig Kulchak with RCK Consultants, is requesting a one
(1) year extension of time for the preliminary plat approval for Eagle Commons (aka
Bald Eagle Pointe) Subdivision, a 55-lot (45-residential, 9-common, I-right of way)
single-family residential subdivision. The 49.5-acre site is located approximately
1,800-feet west of Linder Road on the south side of West State Street (State
Highway 44) and north of the north channel of the Boise River. (WEV)
Huffaker removes Item #5C from the Consent Agenda.
Huffaker moves to approve the Amended Consent Agenda Items #5A, B, D and E.
Seconded by Guerber. ALL AYES: MOTION CARRIES..............
5C. Resolution 09-03: A resolution of the Mayor and Council of the City of Eagle, Idaho,
adopting an identity theft prevention program. (SKB)
General discussion.
Huffaker moves to adopt Resolution 09-03. Seconded by Guerber. ALL AYES: MOTION
CARRIES........ ...
6. UNFINISHED BUSINESS:
A. Resolution 08-28: Eagle Budget, Spending and Fiscal Transparency Resolution.
Mayor introduces the issue.
City Clerk/Treasurer Bergmann and Senior Deputy City Clerk/Treasurer provide an overview of
the Resolution. General discussion.
Council adds the following sentence to Item #1 in the Resolution: The City expenditure
information shall be made available on the City's website by posting the check register.
Semanko I would move giving the changes that we have discussed that Resolution No. 08-28
be approved. Seconded by Shoushtarian. ALL AYES: MOTION
CARRIES....................... ..
B. Discussion of Council liaison Dositions for 2009.
Discussed in Pre-Council.
7. PUBLIC HEARINGS: None
8. NEW BUSINESS:
A. 200800614-CU - Commercial Outdoor Ridin!! Arena Facilitv - Andrew and Karena
Zakorena: Andrew and Karena Zakorena, represented by Shawn Nickel with Rose Law Group
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KICOUNCIL IMINUTESI2009ICC-0 1-20-09min.doc
Borton, is requesting Ada County approval of a conditional use permit for a commercial outdoor
riding area facility located within the City's Area ofImpact. The 6.35-acre site is located
approximately 1,680-feet south of the intersection ofW. Homer Road and W. Haven Drive on
the south side of W. Haven Drive at 2641 W. Haven Drive. This site is located in the Eagle
Area of Impact. (WEV)
Mayor introduces the issue.
Council Member Semanko rescues himself given his business relationship with Rose Law Group.
Planner Williams provides an overview of the application for Council. General discussion.
Shawn Nickel, Rose Law Group, representing the applicant, I want to go on the record stating
that I am not in favor ofthe process, the way it is being handled. I believe that the Planning and
Zoning did not act appropriately in opening up a meeting that had not been publicly noticed and
taking testimony and subsequently rendering a decision taken on that testimony. Responds to
Councils question on the conditions of approval. General discussion.
Jonathan Seal, I work for a commercial developer in this area. Discusses the public hearing
process. I found out about this hearing the Friday before the hearing. Discusses the concerns
with this application. Asks the Council to pass this application on to Ada County without a
recommendation. General discussion.
Discussion on the procedure.
Huffaker moves not to make any recommendations for denial or approval and to pass this
on to Ada County. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES............
B. Wildlife Habitat and Miti!!ation Plan Review Master ConsuJtin!! Contract: (SEB)
Mayor introduces the issue.
City Attorney Buxton provides an overview of the consulting contract. General discussion.
Huffaker moves to approve Agenda Item #8B with the condition that no Task Order
Numbers be approved until the Reimbursement Agreement with M3 and anyone else that
we have a Reimbursement Agreement with is approved first. Seconded by Guerber.
Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES:
MOTION CARRIES.....................
Guerber: there is a Fun Day meeting tomorrow at 4:00 o'clock.
PRE-COUNCIL REPORTS: _No reports.
Mayor and Council Reports:
City Clerk/Treasurer Report:
Zoning Administrator's Report:
Public Works Director Report:
City Attorney Report:
9. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Semanko. ALL AYES: MOTION
<:)\RRI~~..................
Hearing no further business, the Council meeting adjourned at 9: 15 p.m.
Respectfully submitted:
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K ICOUNCIL IMINUTESI20091CC -0 I -20-09min.doc
lR~,--\!-~
... SHARON K. BERGMANN .
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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K. ICOUNCIL IMINUTES\2009ICC-0 1-20-09min.doc
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Constituent Testimonials from Eagle, ID
MacKenzie Rodgers
We all know that secondhand smoke is harmful. 1 cannot stand walking into a
smoke-filled bar. Not only do 1 get sick, 1 can 't imagine what it 's like for those
poor workers! It must get really bad in an eight hour shift. I just love living here
in Eagle, and I want to make it a healthy place to live.
Neva Santos
As a native Idahoan and a resident of Eagle for the past 30 years, I support an
ordinance to make all of Eagle smoke-free. Eagle businesses and residents have
been progressive in their view of smoke-free policies and 1 hope the Eagle City
Council will consider this matter very seriously. I buy from Eagle businesses
because they were some of the first establishments to go smoke-free. Not only will
this ordinance provide a healthy environment for all of Eagle's workers, I believe
more Eagle residents will take advantage of the many benefits of Eagle businesses
because they are smoke-free. I also believe that by setting the trend to go smoke-
free, we are showing a commitment to become one of the most progressive and
health conscious cities in Idaho.. Thank you again. for working towards a healthy
Eagle.
Nadine Burgemeister
Making Boise smoke-free is something that will boost business, especially
downtown. I am an Eagle resident, and choose not to go downtown Boise
because of the smoky bars. I know many other who feel the same. We have
already seen the impact of making bowling allows smoke-free, and I believe we
will see the same boost in business in the bars downtown.
Chris Gordon
Besides all the obvious health reasons. 1 know if there were more smoke free bars
1 would go out more often and support my local economy. I have asthma and it
really affects me the next day. California and other states have adopted smoke
free bars and workplaces and it doesn't seem to hurt businesses there. More and
more people from those states are moving into Boise and many of them don't
smoke, which makes it a more desirable practice to start. Plus, think of all the
money spent from Idaho backed healthcare programs that is probably spent on
second hand smoke related illnesses.
Leslee Moon
Boise, Idaho is a very progressive city drawing many professionals because of
healthy lifestyle. Smoking does not fit with the active lifestyle that most of us
moved here for. Please push for a smokefree Boise! Thank you.
•
cG ���o-off
Papers
Reduced incidence of admissions for myocardial infarction
associated with public smoking ban: before and after study
Richard P Sargent, Robert M Shepard, Stanton A Glantz
Abstract
Objective lb determine whether there was a change
in hospital admissions for acute myocardial infarction
while a local law banning smoking in public and in
workplaces was in effect.
Design Analysis of admissions from December 1997
through November 2003 using Poisson analysis.
Setting Helena, Montana. a geographically isolated
community with one hospital serving a population of
68 1,10.
Participants All patients admitted lin. acute
myocardial 111Earction.
Main outcome measures Number of 1umtlily
admissions lily acute myocardial inl:uc•tion file people
living in and outside Helena.
Results During Ole six months the• law was e11641(1(1
th3 number of admissions fell significantly (- 16
aduli.si(4ns, 95"., confidence interval 3 1.7 to 0.3).
nom all a►c•lage of 111 admissions (luring 111e .:11113
11)(411111, 111 the \ears bcliwc and atter tllc• 1a1N to .► total
01 2 I admissions during the six months Ilse law was 111
Oleo. (here was a non-signilit ani increase ell 5.1;
( .1.2 to 16. 1 i in the 11lII11bc1 111 admissions Iro111
oulsi(le Helena (luring the salve perio(1. (cool 12.1 in
ilie yeas before and alter the law 6(4 18 while the law
was in ellect.
Conclusions Laws 11) enforce sin( ke•-bre ►o lIkplat es
and public places may be associated with an (Ilett on
morbidity h•omi hear, disease.
It1troductiOn
Secondhand smoke increases the risk of acute nl►oc:u-
dial infarction.' ` Smoking also increases the risk of
acute myocardial infarction. but this risk falls rapidly
after people stop smoking.' 1•he effects of secorldharld
smoke on platelets and the endothelium both occur
rapidly (within 30 minutes) and are nearly as large in
passive as in active smokers.' = ''I he reductions in heart
rate variability that occur with two hums of exposure
increase the risk of myocardial inlarction by around
I0'/.'' Ordinances that end smoking i1( workplaces and
public places both eliminate exposure to secondhand
smoke and reduce the prevalence of smoking and
cigarette consumption.'" 1\'e examined whether enact-
ment of legislation to require smoke-free workplaces
and public places might be associated with a decline in
hospital admissions for acute myocardial intarctiol."
I Mena. Montana, tSA, is a geographically isolated
community that imposed such a law from 1) June 2002.
Opponents won a court or(Icr suspending enti►rec-
lnent of the law on 3 December 2002. This allowed us
to examine the association of the ordinance with
admissions for (myocardial infarction from within
Helena (intervention) and (1'111 outside Yelena, where
the ordinance did not apply (control).
Methods
St Peter's (:o►mnuiity 1 luspital serves all heart patients
in Helena and the surrounding area. ►with a total popu-
lation of 68 1.1(1. It is nearly 100 km to the next nearest
hospital with cardiolul.V services.
arbour SIO (11 the population of Helena live in the
:I9(i0I zip (ode. The 11)'!11 remaining live in the 59111)2
zip code, which includes a residential arca immediately
adjacent to I Ieluna. plant people who live (here work
in 1 lelena. 11e surveyed 5011 consecutive patients aged
l►►el• 18 3(•3114. (Il(1 who resided 111 the 5(.1602 /II) ((►(1l' f,r.•r...r.,..l,,.rd,r:u.•
.111(1 were ad11litk•d 11) the hosl►ilal 1(13 all causes. ( )1 the
213 0l these patients 33111) wc•r'e l'1111)10 ‘111 (411151(14' tlu
house. 192 wolkc•(1 in the :491)111 /ip code area. so w(•
considered :491102 part 1)I Helena for our analyses. \\t•
also included zip (odes 59611 1 and 59621 (1)1)51 office
e
boxes in 1 I('I(•11.I)..1114)01e 496xx /ip codes. :4971:1. an(1
59128 were considered "mol 1 lelena.-
!5(f„1, pp 91;8.989
1 I(» lII11( ::113 (ta(d)s
ret 111,111:U11 t.
[ 44)31)311 SI fete('.
Community
l hnpil.d.
2 175 Ilii
Helena. Mumma
591i1l 1. 1 .S..
Ril
haul!' Satgent
at/endow plm(rurl
51.11114111 \(.Lull.
Selection of patients
Si Peter's 1 luspital uses a combination of paper and
electronic Medical records and computerised billing.
\1'e reviewed (111(115 for the months outwit. to Novviii-
ber (the months the ban was in effect) 11)1 each year
lion( 1998 to 2003 for patients with a primary or sec-
ondary diagnosis or acute myocardial infarction
(131)-9 (international classification or diseases. ninth
revision) codes 110.xx). During these months. there
were 1O 197 admissions for all causes (including acute
myocardial infarction) from Helena and 3367 from
outside Helena. 111e attending physician made the
dialniosis at the time of discharge. and the hospital bill-
ing stall assigned the codes. ('two of the authors (RPS
acct RMS) were attending physicians lot' 18 of the 30.1
admissions included in this study and so assigned the
diagnosis. All but three or these patients were treated
This article was posted on binj.carn on 5 April 2004: http:,/bmj.corn/cgr/
doi/10.11361b0.38055.715683.55
oil, •lum,1enrc 1(r
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60
0
50
40
30
20
❑ Helena
❑ Outside Helena
10 .1
0 1998 1999 2(30
2101 2002 2003
Year
Admissions for acute myocardial infarction during six month periods
June'Noyemhe, before during {2002) and atter the smokedree
ordinance (ordinance 010 not apply outside Helena) The lace was
implemented on 5 June 2002
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111, 111.1.-11
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411111 .1 ,(1(111(1.11'4 (11.1111111414 and (\1.111d(tl 1 I
Admissions for acute myocardial mtarction during six month period (June to
November) when smoking 14116 1025 enlorced and equivalent months in years before and
alter ban, according to areas with (Helena) and without enforcement'
Orm umce 4 e.11 (2002i
01 lei ':ears)
Olnere'n:0 (95'; CII
Heie'4a onference--'tet Helena
111114110 ice 405:, C11
Helena
21
4')
16 (-31?To -03!
Nat Helena
15
124
5E 1 :12101644
21 6 ' 406)11 26'
'1'111 n`mpan1Cns 00411' as4•rmng POissu i (hs114111111(•r
10 Tracy 01 admissions thairi4 411 •110'1111'mood for years 0(4161 than 2002
1178
In all (.144'4. 141' ar1()1(11 1114' .lu(•ndut phl,Iclan',
d(.14;11(1515 111 .x11)1• !mot .udl.tl ul1,111!i(1n. x11(1 .111
a114n11n1g p)14.4inails (nthel 111.51 111y authors) were
141u1(I4'd 11( 111(' ,111(14 In 1114. 1111(•1' (.441', 11441ud(•d
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blinded to 1144' 41(4(14, 1 01111111e(L 1111. (h.114no,l,.
.14<1(1(111114 111 114( (MAR ,I1 I((11111. \1'1. (11(1 14(11 (111)11ge
11111 diagnosis. \C( ('.\(11(1(11 111 (minded (,1,(',
.t<<(n (ling to the (l iter).) 11011•(1 .1141144'.
111• i 'vieucd 4'14,111, (41 patients how nut,l<lc 1111-
5111(11 .11(.1 1(1 (1(•1(1111(11(• 1111(•111('1 01141.1 111 ,1-1111111111+
11,1,111 or 1(411 01 1114•,11)114 arra and 111( luded them 11 the
panenrs54niptoinsstuled 1ndu-5111(14mica )1)1'1111,1,
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!rou)) had 11111 n) .11 111 ((1(I1.s. 1 1 11(14' 11xlud(•(1
1.1110111 p1111c1114 441111 a 4(1olul.114 diagnosis of at 111(
Imo( al inl,lrrliuu 11,441 iq) (11t1<•sout (4) 11)t•,114'.1 \1i•
(1141(1(11(1 I111c( 1,(11(•11(, 411111 .4 diagnosis (1I 141(10)14
i1111(.11dial 1111:1(1 tine (111 y \)bits, pt 1111.11 1 diagnosis
of e.u'(hu1;(n1( shot 4111114(4Is(1111, 14 (hams), 01,1(1111•
1m1'14.u11111) 1(11111(11o11) 4411(1,(,4)41111111nhad ,1.11led 11(
1h(• 4111(1)' .0 e.1
( )44'1:111 44t' 4(•1(1 led '1; 1 a(hntsswn, Int 4(•41(44..(11(1
:in met the 11x 11(,14(11 (1 114'11,1
Statistical methods
114' t(4l(d 1111. 111 poth5,i, that 111c• 1.11, 1111, .4„11( 1,11411
444th thangt.s 111 1111' 1111.11 nnn111(•r (11 adnti,slon, tut
atm(' 11nomaldi.tt ((11,111lion in Ihc• ,t\ months 1)1.11111c
1(1 \(1\(•11114(.1 (44144'11 (111' 1,111 14,1. 111 (11(1.1)
(14111)4.111.(1 1141' 1uu11b(t 1(1 11(11(41441(111, 11,11111.4 1111• 51”-
11011111r,
1,1111111th, 1114' 1.111' W.14 111 (11111 t (111 201121 11'1111 1111 ;11(1,1141
111111111(1 111 a(1II11„111115 din 11 1.4 Illy 011111. 51\ 11111111115 111
Iht'44111,h5Gur111(1(5 Dili 11anti .1lllt 1200H11114t 1(m
O(•salt,
1)111111 (141 .I\ month,1.51111 4'11' 11,4 11441.114 41.4, 111111141
1141111 \1,411111111 2002 11.400 ' 111191' 44.15 0. ,I.4111111.1111
1.144,11 111 1114 111111(111 1 141 1111111„14111, 101 .11 (11( II'V 5.11111 11
111//11111114 111 111 .5lli i1„inn, 111-1 1 411111111'1111
1111411.11 .11 T 14, (4.;11111 I11,4,4.1)111111.4(111',.1151 ,14
111,111111, 111 11(1. 44%n , 1,411.11 .11111 .11141 III(' 1.111 1111' .01 1
.1 �1 11111111141 1(1 .IIIIrli',11111, 11.18 111 „ 1111,11411 111111 ,1
(15:(11(1 21 M111114414111, (111111114 1111 ,I\ 111141)111, 4)1 11111.111
11,111111 111(•1( 14,1, ,1 non 511 4 1111 11.1111 1111 11 .151 01
.14111)1•411111, 11(9 111011111 1 -( .2 (11 Ili 11 114111 (1(11,(111
1 I(•11'lld 11111111.4 111) ,.1111( 14110(1. 110111 12.1 111 1011. 1111
1.111 (111111.11411 141111 1ti 11.111 111.4 1114' 1111, 1h(• 411.5(1415
1115i(14' and 4i11( 1141411.1 441 Iy ,ii1111i<.uui1 (1111( 1'l 1)1
(11(111114 111( 41' 1111(1(1114 11.11,11 1
Discussion
1)11111114 the w111(m(•nl.luuu 1(1 .1 .114(1,(-l1(1' 1.111 111.11
applied to 1ui1h1 pia( es)111(1 (4111k1L«c, 11(.1)1)5(14((1,1
significant (144111 111 .1(111115511(111 In) any( n1401 ar111al
1111.11etit in '1'141, 15 illy lit SI ,nidi 1n 11•)11(11 such all
;154)1( 1.1111 in 1 ILA. .11(4 (1111111 1111(111. 1111 111(11 1(,(•.111-11 14
d('ira111( to 1011111114 1144• finding 1 he (11)4(1 \alums th.11
;ldtni55ion 1.11(, l('11 in thy .11(.1 1111(1( the 1.144 44.(5
un11('n1(•ntl•d but not oulsid4 11111 .114a, 5(I<ti5l51s 111,11
5111111,(-11'14' 1.1444 not 111114 1)1(11144 pet/pie 1111111 11((• lung
1111111 (1.111g( 45111 4(10/11(I11.1I111 5(1(01,1' 11111 111.11 111(1 111,11
.1150 1111 .4.41)41.11(11 411111 .1 1.1)11(1 11(1(-1(•.11)' 111 14(•.111
.111.1( k,
H\If 14 )1) \11-
4.1 11 1 11'1(11.4511) 61414(4 41(1
Strengths of stucly
111 11113,114 1.114 .4,4x•11 01 4111,,lu(11 1s 1h.11 it 4444, (lone 111
(11142 i,oLut•d ph( 42 141111 11'4itlgl<• ho,pit:d 111,11 dealt 41.1111
.Ill admissions Irn .1( 1111' 11)l0c.11<h.tl ❑11.11((1111 In 111))4,1
01114'1 pLut', 111.11 11.14c i0lpIcuu•110•(t ,4114/k(-I1ee
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he.11111calt', 1114',, 1.11 101, ".,111(.11 (MC 1114'('11(1111:I\
1111)43,4•-11(( 3)(,111 11.', 111 110111 ,3,,1 e .111(1 111114. 1)al,t 110111
( .1111(11111,1. 1111'(1.(('I. 4 011111 111 111111ine1111 .1, 4.1111101-1-
1114 0111 41•,1111, 1)1..1111 1.111', 1111111 111.,111 111,(•,1,( 1111
1,1,111 111 ( ..111101 111.1 111.111111(1111411111 1111' l 11111•(1 51,111 s
(111111144 the ('.111101 lua 0(11,141'1 I (4(1(1111 30ogulnune.'
14inch. ((11114• including a lax 1414 lease :Ind media
campaign MI( hiding 1114' pcolnounn 01 ,111113,1.-I) 1'
cn4ilcumlcnt.,l. lot used on treann0 smoke -hey (votk
plan., ,Incl 1)411)11( phi «, 1 lie 11.1( non 111 the (1p111.t-
no11 (mei ed 114 sln11kulg I(',n-luion, I,13,14114 nlete.1,e1l
.1s .1 t 1,1(11 111 1111. 1 .u(1p.Ign,'1 •. and 111(1( 411, a 3,.(1.1111.1
ludo( lion 111 death, 1111111 1111111 dinea,4.' 11(11'11,1''.
,11111! ,1/e and isolation '1111C 11111,411 1,1111 4(Illn'(11114111g
1,114)41, to 0111 ,1111141 10 (111(1.1 .1 1 hang(' 111 ,1(11111„1011
1.11(•,,
Weaknesses of slush•
1(1(11.1', ,(Hall sire. 110(4.4(1• (an ,11,4, he ,411 4101)4)11.1nl
1111111.111,41 of the snuck ,ts the 11)4.11 1111111111.1 0l .411)41•
1(14111.1)111,41 1111,414 non, (41' oh,c) Ord u.(, ,))tall 1111 ,1.1
11,11).11 .13,3,1 11,14 h 0, .111.111 ,.14. 111111 I1)( 1.(,1„111 (11,11 11111-
111,11 411,4 , 1101 .11 11/11111 111 1111 ,1 1 111411 111'11(1 111
1111 1 ea,i111 .tlno„Ion, 0111 Inu4 1410(14 el ,14(14 111,1,11 1111
11,4111, 11111:1(, 1111 111111 1)(•1300• 111'11 1111.111 11111111)1'1,
.111( 1,111,14.11141• ,t,))I,n(,11 .111.114,1, 1111(41'4(•1 411 111 I1
.11111 1, 1 111'1111 .1 ,r.11(lit ant ( 11.1114)' .)„441 (.4(11 1, 1111 111(
"II:/.k( 1111 1.01.
1111, 1, .1 1/1 1,11( MI11.111.11,111111 111.111( 114,1111 111.-
11 11
11,1111 1(.11 1 01111 «1, 1111 1,11 .11111 .1111 1 1111' 111 1 11111 111.11 1111
1.111 '.1 I, 1111111111 11111 .1 4.111414,1411,4 41 411014,114 41 1)1.11
114 f 114,1 1111• ,11414 ,11113,14 ,O4.4 114 41 I 1 11.11144 11 1114
11111,;1,4'1 441 11lt1 (l„P 441, 14,1 1. 1114 4 14''' .11411 11 1111.11. 11. 11
111 11 1, 111,.1(, 111' 11.1111 1111.11 1111 . 11 111,4, 414' .111,1 1 , 1 11
14 4s 11111 114 ,0111 11((411 „) 1' 1 c1 4 11111 1111(1111•, 4 111.11 111 . n
111,1111 111.1 .
( 4111 (1,11.1 (WIC 11(111 1,1111114 (1111111, 1111 1,1111(11 44111,
1(.11 11111 4111 111 1,1 111 1411114((1 41(.111) 11111111, 1111
1 414 i4 .11111 ( 1.11 ( 1(11(14 11111 111 114,1 1114 111(14 411e111
114. ,141,) 11141111411 n .11111411 1111' .11 1 111.11 1 111 1111 .1„114111 11
I .111,1 , «1 (11 oil]
1 he ((rite] i.1 1rn 141( milkinga.41n 1114)(.11cli.)I n)I.1(1
411111 1. 11,111144( 41111 11144 1111 4.111(11 1)(11)411. 111 \1.111 h 1111)11
til I'l 11.1 s 1)1g.1n 41,(110 1103,011(14 1 1 0111( 111Fall11n 101
111.),11«,1, Ii( 1(,11 14/111/111 1111, 111.11141 1(111111 11.111
.111111(41111e14,(1111,(,111/11111111(11.11111(„1111.111.11.1
in1111d11lg.11.11IAN) 111(111.11illg 11114.41111 11111104m11 (4 I41
. 1'1111.111«11 14,1, 11,1'414 1111, 1.111,1111111441 1101 .111.3,111,111) ,1}
111111 ,11111 . I he 4 11.11104 in (11.1:1(41,111 .11>11114.11 h 110( , 111(1
,(•1.1(1 to.1111.(4 1(111 1 011111,
\\'( (1111 non (41.13,1 .1111 (111(11 4)1),) 14.111011, 110
1111,4,111) 111111 /101) 11 (•\3,(„1114' (1 ,1(0n4111,u1(I ,(114(3,)•
11,144. 11•(11144(1 (11111,44 1111' (1111111, 1111111 the 1.11( ((.1, 111
111 1(1 1\(• do 11441 1,114,14 1114 3)1(A:(14,444' 4,1 11111,king 111
1('11111', (1/111141 111 1 1110(1011 1111 1114 1))111114' 111.11111
(l( 11.11(11.•1(1 11)041111 111,11 .411 11111 11111 111111111'„(•1
( /11111111111
1SN1J '( 1 11 1 \Il. '•_', 211l'RII 11111 luny 1.,ni
Secondhand 4111111.e 1,114,(', .11 oto (s‘ 1111111 0
minute,) (11.mgcs in Howie' and 1.1,4 alai
endothelial Zulu tion and 11411114 11011‘, in 1112.111 1.11•
'•,m-1ab,11Iy 111.11 .411 Met ease the rick of an atone
an ()eat d1.11 Infarc tion
I-pI(lru1i01ogi(al s1t11bcs 111111.,1144111 that p44,3)1c•
Inaug of ((04kitg 111 an em(itomnen1 polluted (,•1111
secondhand smoke have a :1)'('. 1111 rr(1se 111 4lsk 111
.11111e 1111,4n:11'(11111 inllt 141)111
Suu,ke-h cc au) kpla(c and public plat c la1v,
rapidly 4((114(( exposure 11) se( ondh,tnd smoke
-111:1a' 11
It the ,ix ))mouths 111 (41(1(14 a I,1(( to ban smoking
111 the. (rot'kplac c .))1)l 114 3,(111114 plat (.5 Iva, (111111 111
111 .141 tsol,ut•d (11111111111111 1'. admisxiou, 10 11)1-101,11
h0spiI.lI 101 ,u (Ile mvoc,u111a1 41d.ne non 1(111
comp.med 1(1111 the same month, 1n 111(4 %eats
beline and a1te1 the 1,114• (4.Is 111 ('111,(4
Smoke -bee 1,1(1', 4111(4' he .1„1/11.114')) ((1411 a (pH!
ct1(t1 1111 min Imlay Ilom batt disease
Relation to ()titer studies
IZe,c•.l I)(1, 11.01. pr(dict((1 111.1i smoke -1111 1,114,
14011111 1/1' .1„11' 1.11111 h illi .1 1(11111 1 41 1111 1)11114 (• 111 .0 1111•
111'( 1(,)4(1,11 1111,11 114,11 111111101 .1 c01n1)im.tu,n of
11'(11111.(1 1'\1(1,111( 11 so( on41II.111d ,11103,e .11 1'1111(111-
.1411144 '4111113,(1, 1411/1111 (1,'1",. of 1111 11.111401, 11'1111 .11 1111
1114114. .11111,11 1111,111 111111 111 1111' '111111 141 14 1 111 I 1111 ,111113,•
1, ,111. 141'11 11/110(1 ,(1103,(1, .11111 ,1 11.111 111 411
,1111,1,1'11 .11 111, 111111 111 .1111111,411 111/ 11 1111( 1,011 111 111) ,4'
(11(1 1, .n ( 3,11/1/.11111 111 1 111 11114. 141 4144 111,1 11.111 1)1141
11,111/411 ,.101(111' '1/1 lo 1411111.1n 1111 11 14 1.1114, 1 1 «110 11,11
111111 11 4,111 14',110,- 11\4'1.11 Hit 14.1111,111s III( 111111114
III, 11',1,1 41 111 01 11'1 14 114,1111111. 111111111111111 111 4 1,1 111 11
1 ,4(111)111 1111111. 11110.111111
111 « 1 1111111.11 4 ,114 1 , 1111,41,1
114,11 1.11/.11 Ill 114(1(.111, Ili .1111114,111.1111 ,l(11,1,11111,
4,114 1.1111 .1, 1111,1 .1( Id. .1«1111 ,n1I4111114. .11111
11111).11( d 111',))) 1,10' 4.11•.1111111\, .111 441 11 1111 11 11111111
11,111.1,1' 1111.• I1k1'11h111,d 411 .01 .44 (4)1 1111111.11 ( 41 141.
11.14c 1)11 It 1111.1,11( 441 411111111 1111)1)11(, 111 11(1111, 111 1'\3,«-
,1111 1(1 ,1'1 0nd11,1101 ,111113,1 . 1 11 11 11 1.1'41111.11 1 11,11,111 1'
14( ,c)oI1dl).uid ,11111k(• 11.t, hero .1„«41.1)4(1 14)111 .111
111) 1).11411 (I,3, 1111 .111114111(1111)1 ,1 1 14 11 11111(,
1 he 411(•(1 .1„0( 1.114'(1 141111 11(4' 411103,1' 1144. 1,114 111,14
,1'1441 1.)4'14( 1)111 I, ( 10,1,1( 11) 1(1111 1114 1,1),41 44( 411(1 1 s . d
4)11(111.111(1 ,1111(3,1 nn (.11(1).)) (11,4.111 11.10414111,11111
111113,4
111( e,nc, ilii' 114,3, 111 .11111111.1)411.111111.111111)11 114
,11111111 1)4'' 11 .111 1111, 1.11111 11)•14 10 1)1(111
11111111. 11.11)'11. 441' 11'11)111 (,3,4(1 .1 1,111 01
1/a11 - 1(I,' 1'2 •? in ,1)h(1s1o11s 4011 11114 1114 44.1�
111011111, 1114 1.111 11,11 111 4114(1. 11 1114 11 Is 1(111111) the 115
(0111(11.0(1' Intel1.01 lot the (•,0)0,1)) 0l 11)4' (•11411 1,4
(1113) 0l' '42'_' u, I1.;..4 admissions) ( 14.10011 ))1
,1111,3,e-11ee ('(1111(111111111,. .44, 11.11(1111.•(1 114 the• 1.111
mould also 14(1)411 1111- 11,k 4(t acute• Imo( ,u(hal
111101 (1111 .11114111g 1114,st ,(11)(3,414, (11111 4,113, ,411(13,1114141
I
echo( e 1 (11,4110Anon.
\1, Monk ,t I'4.11.1 • 11.1,1111.11 t,1) 1. 14,1,41 111,111 141111 u1J).11nu14
1111 11.1.1.4(.1 )11'1 X114 \11L4 /1u...414 ( 111,1 l 1111. 4111111 1.11 11413, 4uih
1',IIn'1,
41741
Papers
l 11111,. ria Snsot.ing
and I lealth IK-:d1J.
1 mums tut Disease
l'ontissland
Ptinelitism, 1771)
Iluhnd I lig10 t
N11,
.to:: l I. S.1
tett% 1 l'clls.uck
I. ,104 le 114. (/11 ,.(iter fin
1114.1.•
Stephen Babb
1.Kndittrrfnr,
1411nnlhu,ul tmlke
alio L glat,.
1.1•11 elm Infirm r k
T I'r(Il.trek
11'et I eu't•k(a < I ingot
data collection and Lisa E Fastnattght and Kurt dpi Ribisl for
assistance in coling the patients' addresses.
Conir-ihutors: All doer authors made a substantial contribution
to the conception. design. analysis and interpretation of data.
drafting the article and revising it critically for important
intellectual content, :111(1 providing final approval of the 1•ersiun
to be published. RI'S atul RMS collected the data. and SA(: did
the statistical analysis and is guarantor
Funding; Protee•tMolit:uutKitls. a puttied of the American Cain er
Society. Americo 1 leart Association, and Americus lung
Association of the Northern Rockies, with support from the
Robert lk►od Johnson Foundation. National Cancer Institute
(:taunt CA -611)21 and the American Legacy Foun(lation.
{:ontpeting interests: None declared.
Ethical approval: St Peter's Community Hospital Institutional
Review Board ti►r 1 humor Research.
(;I.tnt, SA. Pantile) 11'11' I'assise suns slang ,tad hears disease:
epittentioingv. plc) %itic gy,:uxubiocItetunit).1.trcestaiirn, i'191:8:1:)-12.
(:Lott/ S. 1'11 ntlr) W. 1'tssite smoking and bruit disease:mei liauisue, :end
I isk. fA,161 1995;273:1017 -rd.
tr (, \'uppututi S. M1,11 K, I'ttlo%i NIR. 110)411,%.1. IVhdu", 1'K. I'tssty,
smoking and the tisk nt cnnsniuv Iieu1 disrast•—a meta-anal)sis 1.1
l'pxletiuologtl' NUIIit'S.:VEngl/:11n! 1991::110:'.120-6,
Lats \l. \(oris J, 11'x1(1 N. Entivamtu•ttial Iuh,ucn smoke exposits,. and
ischaemic brain distase: an es:du.«ion nl the esi,rueo. 11.11/
1997:315:973-80.
( :Lau, S. Pat mit, 11: Est.'s a little secondhand smoke is (bilge -tons. MALI
2001;280; 162-3.
Itosenlund \l, Res glint! N. (:ustass i, .t, Rrutentall (:, 1L1Ilysist 1,
N)Iterg 1,, et al. I'.Ilyls/11tlttrtndl tobacco smoke and m),x:utlial inlasl1iela
among deter -smokes in the Stockholm bran epidemiology pings am
(SHEEP). I:,ltelr1110h1g1 2001;12:558-0 1.
I'ils,s<w
C. l',maginlakos 1)11, Chtvsohuou (:, tiknutnas J. Tiinumis K.
ste•t:maths (:, rt ;it .Association litiween exposits to erniunutu•tu,tl
tobacco smoke anti the 1eseluittmeul of actor )mon.) s)lulu+utrs: Ihr
CA RDIO2' 11111 e'ast•-t rn 111 nl studs. 7irh (:nine nl 21 102:1 1:221) ,
1.ightao s1 ,J, (;lam/ S. Shot terms eloommit and health benefits cal
smoking cessation: \It,e;,r, ial 411.11111011 .ml shut., Ctscuiolum
1997;9)i;1))8!1 -94i
9 I'upe (:I, Eatough D. Gold 1). fang Y. Nielsen K,Nath I't i :LI. Acute expo-
sure to emits sitmental tobacco smoke and ht:u-t rate yatiahilily. lf,reirou
Health Kr tpri 12001;109:711-11.
10 Fie luenht•t g C\t, (lam/ M. Effect 1st smoke -lire wotkplat es on smoking
belt:oiuur' systematic mien. ,3,11/ 2111r2:-.{2:-):188.
I Ong \I, (:tans/ S.A. (:anli0saseulai health and economic elks is of
sittok(ltt, mit kplaces.Am] Med (us pt's).
12 Fichtt'nhrtg (:81. Glantz SA. Association or the C:tlitunti.' tub:u-co
conn ,1 pa,gtatn with declines in cigarette eonnunptiot and mortality
Hutu ht l t1 se. ,1' li,t;,d_ f .11n/ 2)11111::)1:1:1772.7.
13 'Ii,l,u-lt,(amtln,lSrcli,m. Amodel list ti,mgt:the [:dihn,u;t•slx•Iie•ncein
tobar<i, tuuunl. uusetthctagcat.•toluutu.•dtxutnetteomexlellonflange.
ptlf(ac<t'sse•d I .1itg 200i)).
Pierce JP. Shanks 'VG. I'rrtst hut. M. •i!pin 1•:, S1),p1:(nd l), Johnson M. et
:d. I),, smoking ouGnant't,',louts non-smokeas hoot en'iununrnt,d
tobacco smoke at wink? lids (:emlrul 1991:3,15-21).
I'k'rcc JI! I•.t:•ns N. Farkas .1J. (:as in SII: Beni (:, Kralller \i,(1 :11. Iolracm
tele111C1g4 uiu:Hue1Whiailouofthrlahrrtruemetma'/a /,prem,I9,,•V-I'1'))-Siit
Diego: l'nirelshy of (:alili,rnia, 1)1)) I.
Ili Bt, knot' G. Letter to the editor. Ilrleau hulr/,emhv,l lireo,d 2003 1.111:11.
17 Das is J. Shelton 1.11at:malx' 1..11'10111i Passive sn,oking all., is rudulhr-
litini and platelets..Art* 11)1 ru .1/01 1989;1 19:380.9,
11) Stntitki H, ilitanabe 11, I'ugi)an,,I K.1)hgushi 81, M;ilstl,ura I.lastle 11.
Dors passisr smoking impair rminth<•lilniHIepentk•m e u1o'1:us .Mery
111111011 in mantis? s? / . im al/ Cwn,hr,/ ' 1! RS::11:81 1-:,.
19 (:e'!t•t unajt•t I1, Adams M. (:i;ukvm 1' Robinson]. M. (atvlir R. Donald A.
et al. I'Issise smoking and impaiietl endothelium -dependent at retial
dilation in healthy young adults. :1' Eitel %/n! 1990;:1:11:1:11-1.
21) Schachinger 1', Mitten 11. 7.(•ihe•t .1. I'lognostir impact of rulon:uy
s:tsodhlaim ti slutulion on atheist. Tong -term outcome Isis mon.) heals
disease. (air,uI,i/ mt 204)0:101:2113-7.
21 Otsuka R. Watanabe H. Hiram K.'Inkai k Moto 'I, 11, 1M:11mi \I, e1 al.
Acute elli•(ts of',assist- smoking un tic n i,'ii iy citttd,tlion in Iualth%
souug adults. /:1.1L1 2001;2841:130- 11.
22 lalkonru 81. Kunst I: ['assist. smoking indult,: adieu ,gr,. rh.tngt- in
Int+•-dt1,si1) lipoploleitt. (rcuhttirn, 199S:97:21112-4.
23 Stet -maths (:, Vlacholx,ulets (:,'Isi,unis E, I)ian,antopoukrs I.. linnustlas
K, (aatt'akos N, t t al. Unfavorable clli'cts 0t ',assist- smoking nu a 11 lit.
Iinutirin in men. rite, bar. Alert 1998:128:121;-31.
! 1 h.magimakus I1, (auvserho ott C, I'itsascos ( I'Ipaio:aatnu I. Sisomas .1.
Su l:uwelis (:, CI al. 71 t' association heture•n st•contlIuut smoke and Qtr
"sk 1,1 1eulopistg arcate 10unt.us suldlonx•s, at>Nnlg non -smoke.,
uncles the plese•nct• cal set<1al cat di„saccular tisk lattons: the
(:ARI11(12010 case -)1+.11,4 such. iL11(1'ubis( Ilra1h '20)2:29.
(3c1,1il tI ! 1'rhr,a,,y 3U(i/)
tloi 10.11:I0/basis:l8o7 .7156S:l.: i
Commentary: How acute and reversible are the cardiovascular
risks of secondhand smoke?
•1(1!') F l)et:ha('rk. Stephen Bahl)
Gould cal log in :► smoky restaurant precipitate an
acute myocardial infarction in a non-smoker:
unlikely as this sounds. a growing body of se•iernili(
(lista suggests that This is possible. 1n this context, the
results of the observational stu(!1 in 1lclena. \I'1 are
provocative: hospital admissions for 1)111117 ntyo(ar(lia1
inGu-ction (le('li led by about 1)11,, during the six
months in which it (ontprehensiye local ordinance on
clean air bras in riled. and 1(•bounde(1 alter the
ordinance was suspended.'
Given the small sire and (l)se•rvational design of
the study, these bindings might be discounted or even
(lisregatded altogether. 1loweser, the stuck' focuses
attention on an interesting subset of litertture on
secondhand smoke and its cot Net Itteices. We e now have
a cottsi(lcral)le amount of epidemiological literature
and lihotatory data 011 the )mechanisms by which rela-
tively small exposures to toxins in tobacco smoke serol
to cause unexpectedly latae increases in the risk of
acute cardiovascular disease.' '
Secondhand smoke causes coronary heart disease
Exposure to secondhand smoke increases the tisk of
fatal and not coronary heart disease in
tion -smokers b1 about all°i,.' Because coronary
heart disease i, :1 leading t acne ordeath in many c I ntn-
tries, even relatively small increases in risk Iron] this
one la(tor can result in a large population burden Of
(lisease attributable to exposure to tobacco smoke.'.. ”
11'hile the substantial cardiovascular risks posed by
active ,stoking are now almost universally accepte(l,
the tobacco industry and some other o1)5(18ers
continue 11) question the idea that secondhand smoke
can cause cardiovascular disease and
Notwithstanding the substantial clinical and experi-
mental evidence regarding the adverse (:tnIiolascular
eflects of exposure to secondhand smoke. sunt(• have
argued that an association between logy level environ-
mental exposures and health outcomes should he
more critically e):tluate(l, particularly when the relative
tisk 11)1 the exposure is below 2.0."'' In addition, the
risk of coronary heart (lisease associated with the typi-
cal sell reported level of exposure to secondhand
smoke (fin' example. that ofa non-smoker living with a
smoker) can seem disproportionate. It is more than
one third of the risk associated %yith stroking 20
cigarettes a (lay. even though the measured exposure to
tobacco smoke among non-smokers is only about
()idle exposure From smoking 20 cigarettes a (lay.' ,
1180 B111J \'( /IA '\IF. 19S 21 APRIL 2001 hmi.com
"The Smokefree Boise movement will help to ensure that the people who choose
not to smoke will be able to equally enjoy and participate in all that Boise has to
offer, without suffering the harmful health effects of secondhand smoke."
•Tom Lloyd, Young Professionals for Smokefree Boise Chairman
why have
bars?
"The debate is over. The science is dear.
Secondhand smoke is not a mere annoyance
but a serious health haztnd."•USSurgeon General Richard Colmano
Secondhand smoke results in at least 38,000 annual deaths among
nonsmokers in the US. (Campaign for Tobacco Free Kids — CTFK)
Good for business, good for health.
Dozens of studies and hard economic data have shown that smoke-free laws
do not harm sales or employment in restaurants and bars, and in some cases
these laws hove o positive impact. (CTFK)
"We have a right to work, make good money, and breathe Clean air."
-Nate Shoemaker, General Manager of China Blue Nightclub
www.smokefreeidaho.org
Treasure Valley support is strong:
8 Q of Treasure Valley voters believe the
rights of customers and employees
to breathe clean air are more important than
the rights.of smokers to smoke indoors.
• customer &:employee rights more important
/ okers' rights moreimortant
• on:p know
5 Q of smokers agree that the rights of
7 customers and employees are more
important than their right to smoke.
For more information,
or to join the cause, contact:
Katie Whittier
Community Organizer
Coalition fora Healthy Idaho
(208)384-5066 x 16
kwhittier@chidoho.org
www.smokefreeidaho.org
Smokefree Boise has been endorsed by:
American Heart drra
ANsociationAUF
Learn and Lie_
1 AMERICAN
LUNG
ASSOCIATION.
M
4.
CancorAction
WM.. b Loll, tMIm, Iowa on IA..tglii Netwrork'" Association.
Learn and Live -
Smoke Free Idaho
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American Heart
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AMERICAN
LUNG
ASSOCIATION
CURES CLEANAIR t SMONEFREE KIDS
• The health hazards of second-hand smoke
o Second hand smoke is a health hazard
o No one should have to choose between a job and good health
o Idaho specific statistics
• The impact of smoke free laws in communities
o Post implementation surveys demonstrate increased support
o Removing smoke from bars has not had a significant adverse
impact on revenues
• Treasure Valley Poll results
o 73% of Treasure Valley voters support a local ordinance
o A clear majority of voters prefer a city council candidate who voted
for an ordinance
o By a margin of more than 10 to 1 voters support the rights of
customers and employees to breathe clean air
o 8 out of 10 voters say exposure to second-hand smoke is harmful
to people's health
o If a bar is non-smoking only, most voters will be just as likely or
more likely to go to that bar
o 87% of voters agree all workers should be protected from exposure
to second-hand smoke in the workplace
• Supporters of Smoke Free Idaho
o Over 30 local businesses and organizations support a Smoke Free
Idaho
o Eagle residents support Eagle being a 100% smoke free work
place city
• Model Ordinance Language
o Provides protection to workers not currently covered in Idaho law
o Reinforces current Idaho law
The Coalition for a Healthy Idaho respectfully requests the Eagle City
Council to consider the passage and implementation of the model
ordinance language presented tonight.
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Learn and Live.
AMERICAN
LUNG
ASSOCIATION.
CUR'S CLEAN AIR ' SMOKtrREE KIDS
Second-hand Smoke Causes Significant Health Hazards
Secondhand smoke is a health hazard.
• Secondhand smoke contains more than 4,000 chemicals, 69 of which cause cancer
including formaldehyde, arsenic, cyanide, and carbon monoxide' 2.
• Secondhand smoke causes 35,000 to 40,000 deaths from heart disease every year3.
• Secondhand smoke is responsible for 3,000 lung cancer deaths annually in otherwise
healthy nonsmokers.
• Secondhand smoke can cause or aggravate a wide range of adverse health effects,
including cancer, respiratory infections, and asthma.
No one should have to choose between a job and good health.
• Nonsmokers exposed to high levels of tobacco smoke on the job double their risk of
getting lung cancer.4
• Food service workers have a 50% greater risk of dying from lung cancer than the general
population, in part, because of secondhand smoke exposure in the workplace.5 6
• Smoke-free policies decrease absenteeism among non-smoking employees and increases
productivity.
The toll of tobacco use in Idaho.
• 220 Idahoans die each year from exposure to second-hand smoke.
• The annual health care costs in Idaho directly caused by smoking are $319 million.
• Tobacco use costs every taxpaying household in Idaho $546 a year.8
1 National Cancer Institute. Risks Associated with Smoking Cigarettes with Low machine -Measured Yields
of Tar and Nicotine. Smoking and Tobacco Control Monograph No. 13. Bethesda, MD. U.S. Department of
Health and Human Services, National Institutes of Health, National Cancer Institute, NIH Pub. No. 02-
5074, October 2001. http://dccDs.nci.nih.gov/tcrb/monograDhs/13/m13 5.Ddf; personal communication,
dated October 28, 2003, from Dietrich Hoffmann, Ph.D., Associate Director, Institute for Cancer
Prevention, co-author of Chapter 5 of NCI Monograph 13, clarifying Table 5.4 of the Monograph (that lists
69 carcinogens) is missing a carcinogen, namely MeAaC (2-amino-3-methyl-9-H-pyrido[2,3-b]indole, and
it should be inserted under "under" miscellaneous Organic Compounds".
2 National Cancer Institute. Risks Associated with Smoking Cigarettes with Low Machine -Measured Yields
of Tar and Nicotine. Smoking and Tobacco Control Monograph No. 13. Bethesda, MD: U.S. Department
of Health and Human Services, national Institutes of Health, National Cancer Institute, NIH Pub. No. 02-
5074, October 2001. http://dccas.nci.nih.gov/tcrb/monographs/13/m13 5.pdf.
3 National Cancer Institute. Health Effects of Exposure to Environmental Tobacco Smoke: The Report of
the California Environmental Protection Agency. Smoking and Tobacco Control Monograph no. 10.
Bethesda, MD. U.S. Department of Health and Human Services, National Institutes of Health, National
Cancer Institute, NIH Pub. No. 99-4645, 1999,
http://cancercontrol.cancer.gov/tcrb/nci_monographs/MONO 10/MONO 10. HTM.
4 Stayner, L., et al. (2007) Lung Cancer Risk and Workplace Exposure to Environmental Tobacco Smoke.
American Journal of Public Health, 10.2105/AJPH.2004.061275.
5 Shopland, D.R.; Anderson, C.M.; Burns, D.M.; Gerlach, K.K., "Disparities in smoke-free workplace
policies among food service workers," Journal of Occupational and Environmental Medicine, 46(4): 347-
356, April 2004.
6 Siegel, M. "Involuntary Smoking in Restaurant Workplace: A Review of Employee Exposure and Health Effects."
JAMA, 270:490-493, 1993. Available at:
httn://www.ncbi.nlm.nih.gov/entreziQuerv.fcgi?cmd=Retrieve&db=PubMed&list uids=8320789&dont=Abstract.
7 Sco11o, Michelle and Anita Lal (2004). Summary of Studies Assessing the Economic Impact of Smoke-free Policies
in the Hospitality Industry. Melbourne: VicHealth Centre for Tobacco Control. httn://www.vctc.ore.au/tc-
res/Hosnitalitvsummarv.odf.
8 The Toll of Tobacco. http://www.tobaccofreekids.org/reports/settlements/toll.php?StateID=ID.
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AMERICAN
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ASSOCIATION.
CURES CLEAN AIR SMOKE:REE k{OS
The Impact of Smoke Free Laws in Communities
Post Implementation Surveys demonstrate increased support
• In Illinois the margin of support grew by 10 percentage points in a poll taken six months
after implementation of the statewide smoke free workplace law compared to a similar
poll conducted a year earlier)
• A five percentage point increase in popularity of New York City's smoke free workplace
law was found in a survey conducted one year after passage of the law.2
• Twelve months after implementing a statewide smoke free law, survey results showed
Wisconsin voters voiced a five percent increase in support.3
Removing smoke from bars has not had a significant adverse impact on revenues.
• Smokefree policies reduce housekeeping and maintenance costs, lower insurance rates
and lowers the risk of fires.4
• Smokefree laws in Kentucky were found to be unrelated to business openings or closures
in alcohol serving establishments and non -alcohol serving establishments alike.5
• Data from the Delaware Alcohol Beverage Control Commission shows that the number
of restaurants, tavern, and taproom licenses increased in the year following the smokefree
law's effective date. Employment in the state's food service and drinking establishments
also increased in that time period.6
• Support for New York's law has grown even among bar and restaurant owners. James
McBratney, President of the Staten Island Restaurant and Tavern Association, was
quoted in the Feb. 6, 2005, issue of The New York Times saying, "I have to admit, I've
seen no falloff in business in either establishment (restaurant or bar)." According to The
Times, "He went on to describe what he once considered unimaginable: Customers
actually seem to like it, and so does he."7
' Greenberg Quinlan Rosner Research survey of 606 registered voters in Illinois conducted 5-28-08 to 6-1-
08.
2 Global Strategy Group Survey of 500 voter in new Your City 3-21-04 to 3-22-04.
3 Mellman Group and Public Opinion Strategies survey of 500 Wisconsin voter conducted 3-12-08 to 3-16-
08.
4 Scollo, Michelle and Anita Lal (2004). Summary of Studies Assessing the Economic Impact of Smoke-free Policies
in the Hospitality Industry. Melbourne: VicHealth Centre for Tobacco Control. httn://www.vctc.ore.au/tc-
res/Hosnitalitvsummarv.pdf.
S Hahn E. et al. Economic Impact of Lexington's Smoke-free Law: A Progress Report, Universtiy of
Kentucky College of Nursing and Gatton College of Business and Economics, April 18, 2005.
http://www2.mc.uky.edu/TobaccoPolicy/UK%20Progress%20Report%20FINAL.pdf.
6 Meconi, Vincent, Secretary of the Delaware Department of Health and Social Services, "Secondhand
Smoke Deserves Regulations," Delaware State News, (December 30, 2003). See also American Lung
Association of Delaware, "Delaware's Clean Indoor Air Act- The 1St Anniversary Story",
http://www.alade.org/main.htm.
7 Rutenbert, J. and Koppel, L., "almost Two Years Into Cigarette Ban, New York city Bars Thrive and
Many Smokers Shrug," New York Times, (February 6, 2005).
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Coalition
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Idaho
Working to reduce (obacco's impact on Idaho's health
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Boise Area Voter Survey
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405 voters in Idaho Legislative Districts
10,12-21
February 6 — 11, 2008
Research conducted by
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Coalition
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By a margin of more than a 10 to 1, voters believe the rights of customers and
employees to breathe clean air are more important than the rights of smokers
Please indicate which of the following you think is more important: [Rotate]
The rights of customers and employees to breathe clean air in indoor workplaces, restaurants, bowling centers and
bars, OR
The rights of smokers to smoke in indoor workplaces, restaurants, bowling centers and bars
06
57% of smokers agree that the
rights of customers and employees
are more important than their right
to smoke.
®customer & employee rights more important
G smokers' rights more important
don't know
CHI
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Coalition
Ilcalthy
Idaho
Working to reduce tobacco's impact on Idaho's health
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ASSOCIATION
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By a margin of more than a 10 to 1, voters believe the rights of customers and
employees to breathe clean air are more important than the rights of smokers
Please indicate which of the following you think is more important: [Rotate]
The rights of customers and employees to breathe clean air in indoor workplaces, restaurants, bowling centers and
bars, OR
The rights of smokers to smoke in indoor workplaces, restaurants, bowling centers and bars
Q6
All Voters
Women
Men
Democrats
Independents
Republicans
Age 18-44
Age 45-59
Age 60+
0 Much more
0 Somewhat more
63%
0 Smokers
74%
78%
77%
Total C&E
83%
87%
78%
84%
76%
89%
81%
87%
81%
CHI
Coalition
s Healthy
Idaho
Working to reduce tobacco's impact on Idaho's health
• AMERICAN
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ASSOCIATION•
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A clear majority of voters prefer a candidate for city council
who voted to prohibit smoking in most indoor public places
If you had a choice of two candidates for city council, would you vote for: [Rotate order]
-a candidate who voted FOR a local ordinance that would prohibit smoking in most indoor public places including, indoor workplaces, restaurants, bowling
centers and bars.
OR
- a candidate who voted AGAINST a local ordinance that would prohibit smoking in most indoor public places including, indoor workplaces, restaurants, bowling
centers and bars.
For which of these candidates would you vote?
Candidate who voted
FOR a local ordinance to
prohibit smoking
Candidate who voted
AGAINST a local
ordinance to prohibit
smoking
Q5
19%
57%
Democrats Republicans
62% 66%
20% 11%
CHI
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Coalition
I1culthy
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Working to reduce tobaccoes impact on Idaho's health
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8 out of 10 voters say exposure to second-hand smoke is harmful to people's health
How harmful do you feel that exposure to second-hand cigarette smoke is to people's health —
vew harmful, fairly harmful, just somewhat harmful, or not at all harmful?
Q7
Very / fairly gi Somewhat / not at all
All Voters
Non-
smokers
Smokers
Men
Women
CHI
■
Coalition
I lealtlry
Idaho
Worhin j to reduce tobacco's impact 01? Idaho's health
AMERICAN
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If a bar is non-smoking only, most Boise area voters will be just as likely or more
likely to go to that bar
If a bar were non-smoking only, would you be more likely to go to that bar, less likely to
go there, or would it make no difference in your decision?
Less
likely
10%
More likely
37%
Q9
More likely 0 No difference 0 Less likely
All Voters
Go to bars -
monthly or more
Go to bars - less
than monthly
City of Boise
Rest of voters
CHI
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Coalition
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Idaho
Working to reduce tobacco's impact on Idaho's health
AMERICAN
LUNG
ASSOCIATION,
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Learn and Live..
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Voters overwhelmingly agree that all workers should be protected from exposure to
second-hand smoke in the workplace & bars would be healthier for employees and
customers if they were smoke -free
Bars would be
healthier for
employees and
customers if they
were smoke-free
Qllb
011a
All workers
should be
protected from
exposure to
second-hand
smoke in the
workplace
Agree - strongly 0 Agree - not strongly Disagree
Total
Agree
87%
85%
CHI
1
Working to reduce tobacco's impact on Idaho's health
Smokefree Idaho Endorsers
• Activate America, Pioneering Healthy Communities Group
• Ada County Medical Society
• American Cancer Society
• ACS CAN
• American Heart Association
• American Lung Association
• Blue Cross of Idaho
• Ted Challenger- Bar owner (China Blue, Dirty Little Roddy's, Main Street
Bistro)
• Center for Community and Justice
• The Community Center
• Diversity News
• Jim Everett- CEO Treasure Valley YMCA
• Gold's Gym
• Healthwise
• Idaho Academy of Family Physicians
• Idaho Medical Association
• Idaho Pulmonary Associates
• Chad Johnson- Restaurant owner (The Reef and Legends)
• Jason Kovac- Bar owner (Tom Grainey's, JT Toads, The Lift)
• Dave Krick- Restaurant owner (Bitter Creek, Red Feather)
• Mercy Medical Center
• Tom Moroney- Restaurant owner (The Dutch Goose)
• Oncology Nurses of Southern Idaho
• POEM- Preventative Occupational and Environmental Medicine
• Primary Health
• Qualis Health
• St. Luke's Health System
• Kevin Settles- Restaurant owner (The Bardenay chain)
• Strategic Intelligence
• Treasure Valley YMCA
• Barry Werner- Restaurant owner (The Tavern and The Wine Shop)
Current Idaho state law prohibits smoking in publicly owned workplaces, in
restaurants, including attached bars, and in public places. Small business owners,
employing five or fewer employees, may establish separately enclosed
breakrooms for smoking, as long as employees other than custodial or
maintenance employees are not required to work there. See ID Statutes, 09-5501
et seq.
Eagle, Idaho
At present, some Eagle workers are protected from secondhand smoke under the Idaho
State Law that took effect in 2004 (outlined above). However, a few Eagle workplaces
and public places are not yet smokefree, allowing for some Eagle workers, residents and
visitors to be exposed unnecessarily to dangerous secondhand smoke.
Nationwide, thousands of cities across the country have considered the issue carefully
and passed strong comprehensive laws to protect all workers from secondhand smoke.
In addition, 26 states have passed 100% protect in restaurants, and 24 states have
passed 100% smokefree bar laws. The mountain of scientific evidence demonstrating
the dangers of secondhand smoke shows that there is no safe level of exposure to
secondhand smoke. This evidence has convinced lawmakers from coast to coast to take
on this issue by passing strong smokefree ordinances locally, leaving no one
unprotected. Exemptions are no longer acceptable and the majority of local laws passing
since 2004 have been comprehensive, covering all workplaces, including all restaurants
and bars.
Idaho's current law does not protect:
• Bar workers, who encounter the heaviest most dangerous level of exposure.
• Workers in small businesses with 5 or fewer employees.
• Workers in Private Clubs, Theatrical Production sites, and tobacco retail
establishments, and more.
Recommendation for Eagle Ordinance:
The following gaps exist under the state law and are outdated. They should be covered
when Eagle considers passing a local ordinance. In order for the city to pass effective
law to protect everyone fairly, we recommend the following:
•
Remove bar exemption.
• Remove exemption for workers in small businesses with 5 or fewer
employees. All workers deserve protection. This exemption allows smoking in
break rooms and offers no protection to workers in these workplaces, since
smoke from those break rooms can infiltrate into the rest of the building.
• Remove exemption for "Theatrical Production sites". It is unnecessary.
•
Define "Private Club" to ensure that no workers in those establishments could
be exposed to secondhand smoke. We recommend the following definition:
"Private Club" means an organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively for
club purposes at all times, which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary
gain, and which only sells alcoholic beverages incidental to its operation. The
affairs and management of the organization are conducted by a board of
directors, executive committee, or similar body chosen by the members at an
annual meeting. The organization has established bylaws and/or a constitution to
govern its activities. The organization has been granted an exemption from the
payment of federal income tax as a club under 26 U.S.C. Section 501.
• Specify percentage under the current state Hotel/Motel exemption, providing a
minimum of 80% of hotel/motel guest rooms as 100% smokefree. All common
areas, hallways, and meeting areas, should also be 100% smokefree in
hotels/motels.
Other considerations:
Reasonable Distance Provision
Smoking shall be prohibited within a reasonable distance of 20 feet outside entrances,
operable windows, and ventilation systems of enclosed areas where smoking is
prohibited, so as to insure that tobacco smoke does not enter those areas.
Nonretaliation; Nonwaiver of Rights
A nonretaliation clause protects nonsmokers from retaliation by employers for exercising
the right to a smokefree environment. The nonsmoking employee is protected from
discharge, refusal to hire, or other retaliation. A nonwaiver of rights clause protects an
employee who is required to work where smoking is allowed from waiving any legal
rights he or she might have against the employer for damages suffered as a result of
exposure to
Public Education
The purpose of this provision is to insure that the general public understands the
purposes and scope of the ordinance. When people understand the health hazards of
secondhand smoke and know just where smoking is prohibited, voluntary compliance
with the law will be heightened.
Governmental Agency Cooperation
This provision will make it more likely that other governmental entities, even though not
within the jurisdiction of the municipality enacting the ordinance, will nevertheless
voluntarily extend the smoking prohibitions of the ordinance to their facilities.
Other Applicable Laws
This provision is designed to make it clear that even if certain places are not covered by
the ordinance, smoking may nevertheless be prohibited in those places by other laws.
Liberal Construction
This is a standard clause that is used to direct the courts to interpret the law in such a
way that the purpose of the law, to protect people from the health hazards of
secondhand smoke, will be furthered. In effect, the clause requires the courts to resolve
any ambiguities in the law in favor of that purpose.
Severability
This is a standard clause that preserves all other provisions of the ordinance even if one
or more provisions are found to be invalid by a court.
Please find complete ordinance language below, which will close the remaining gaps in
the state law and provide protection to all workers in Eagle. Thank you in advance for
considering this model language.
We recommend passing a new ordinance using the following ordinance language. This
model language has been used in many other communities across the country and has
withstood legal challenges. The language is simple, fair, and protects all workers
equally.
Model Language for Eagle, Idaho:
Sec. 1000. Title
This Article shall be known as the Eagle Smokefree Air Act of 2009.
Sec. 1001. Findings and Intent
The Eagle City Council does hereby find that:
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary
Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes
disease and premature death in children and adults who do not smoke; (2) children
exposed to secondhand smoke are at an increased risk for sudden infant death syndrome
(SIDS), acute respiratory problems, ear infections, and asthma attacks, and that. smoking
by parents causes respiratory symptoms and slows lung growth in their children; (3)
exposure of adults to secondhand smoke has immediate adverse effects on the
cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no
risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is
the only effective way to ensure that secondhand smoke exposure does not occur in the
workplace, because ventilation and other air cleaning technologies cannot completely
control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-
reviewed studies shows that smokefree policies and laws do not have an adverse
economic impact on the hospitality industry. (U.S. Department of Health and Human
Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report
of the Surgeon General. U.S. Department of Health and Human Services, Centers for
Disease Control and Prevention, National Center for Chronic Disease Prevention and
Health Promotion, Office on Smoking and Health, 2006.)
Accordingly, the Eagle 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 and
places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree
air, and to recognize that the need to breathe smokefree air shall have priority over the
desire to smoke.
Sec. 1002. Definitions
The following words and phrases, whenever used in this Article, shall be construed as
defined in this Section:
A. "Bar" means an establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the serving of
food is only incidental to the consumption of those beverages, including but not
limited to, taverns, nightclubs, cocktail lounges, and cabarets.
B. "Business" means a sole proprietorship, partnership, joint venture, corporation, or
other business entity, either for-profit or not-for-profit, including retail establishments
where goods or services are sold; professional corporations and other entities where
legal, medical, dental, engineering, architectural, or other professional services are
delivered; and private clubs.
C. "Employee" means a person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and a person who volunteers his or her
services for a non-profit entity.
D. "Employer" means a person, business, partnership, association, corporation, including
a municipal corporation, trust, or non-profit entity that employs the services of one or
more individual persons.
E. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all
sides by permanent or temporary walls or windows (exclusive of doorways), which
extend from the floor to the ceiling.
F. "Health Care Facility" means an office or institution providing care or treatment of
diseases, whether physical, mental, or emotional, or other medical, physiological, or
psychological conditions, including but not limited to, hospitals, rehabilitation hospitals
or other clinics, including weight control clinics, nursing homes, long-term care
facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, psychiatrists, dentists, and all
specialists within these professions. This definition shall include all waiting rooms,
hallways, private rooms, semiprivate rooms, and wards within health care facilities.
G. "Place of Employment" means an area under the control of a public or private
employer that employees normally frequent during the course of employment,
including, but not limited to, work areas, private offices, employee lounges, restrooms,
conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and
vehicles. A private residence is not a "place of employment" unless it is used as a
child care, adult day care, or health care facility.
H. "Private Club" means an organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively for club
purposes at all times, which is operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and
which only sells alcoholic beverages incidental to its operation. The affairs and
management of the organization are conducted by a board of directors, executive
committee, or similar body chosen by the members at an annual meeting. The
organization has established bylaws and/or a constitution to govern its activities. The
organization has been granted an exemption from the payment of federal income tax
as a club under 26 U.S.C. Section 501.
I. "Public Place" means an enclosed area to which the public is invited or in which the
public is permitted, including but not limited to, banks, bars, educational facilities,
gaming facilities, health care facilities, hotels and motels, Laundromats, public
transportation vehicles and facilities, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments, retail stores,
shopping malls, sports arenas, theaters, and waiting rooms. A private club is a "public
place" when being used for a function to which the general public is invited. A private
residence is not a "public place" unless it is used as a child care, adult day care, or
health care facility.
J. "Restaurant" means an eating establishment, including but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school cafeterias, which
gives or offers for sale food to the public, guests, or employees, as well as kitchens
and catering facilities in which food is prepared on the premises for serving
elsewhere. The term "restaurant" shall include a bar area within the restaurant.
K. "Service Line" means an indoor or outdoor line in which one (1) or more persons are
waiting for or receiving service of any kind, whether or not the service involves the
exchange of money, including but not limited to, ATM lines, concert lines, food vendor
lines, movie ticket lines, and sporting event lines.
L. "Shopping Mali" means an enclosed public walkway or hall area that serves to
connect retail or professional establishments.
M. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, or pipe in any manner or in any form.
N. "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places
where members of the general public assemble to engage in physical exercise,
participate in athletic competition, or witness sports or other events.
Sec. 1003. Application of Article to [City -Owned or County -Owned] Facilities
All enclosed facilities, including buildings and vehicles owned, leased, or operated by the
City, shall be subject to the provisions of this Article.
Sec. 1004. Prohibition of Smoking in Enclosed Public Places
Smoking shall be prohibited in all enclosed public places within the City, including but not
limited to, the following places:
A. Aquariums, galleries, libraries, and museums.
B. Areas available to and customarily used by the general public in businesses and
non-profit entities patronized by the public, including but not limited to, banks,
laundromats, professional offices, and retail service establishments.
C. Bars.
D. Bingo facilities.
E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
H. Elevators.
I. Gaming facilities.
J. Health care facilities.
K. Hotels and motels.
L. Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and other
multiple -unit residential facilities.
M. Polling places.
N. Private clubs when being used for a function to which the general public is invited.
0. Public transportation vehicles, including buses and taxicabs, under the authority of
the City, and ticket, boarding, and waiting areas of public transportation facilities,
including bus, train, and airport facilities.
P. Restaurants.
Q. Restrooms, lobbies, reception areas, hallways, and other common -use areas.
R. Retail stores.
S. Rooms, chambers, places of meeting or public assembly, including school
buildings, under the control of an agency, board, commission, committee or
council of the city or a political subdivision of the State, to the extent the place is
subject to the jurisdiction of the city.
T. Service lines.
U. Shopping malls.
V. Sports arenas, including enclosed places in outdoor arenas.
W. Theaters and other facilities primarily used for exhibiting motion pictures, stage
dramas, lectures, musical recitals, or other similar performances.
Sec. 1005. Prohibition of Smoking in Places of Employment
A. Smoking shall be prohibited in all enclosed facilities within places of employment
without exception. This includes common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways, medical
facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other
enclosed facilities.
B. This prohibition on smoking shall be communicated to all existing employees by
the effective date of this Article and to all prospective employees upon their
application for employment.
Sec. 1006. Prohibition of Smoking in Enclosed Residential Facilities
Smoking shall be prohibited in the following enclosed residential facilities:
A. All private and semi -private rooms in nursing homes.
B. At least 80% of hotel and motel rooms that are rented to guests.
Sec. 1007. Prohibition of Smoking in Outdoor Areas
Smoking shall be prohibited in the following outdoor places:
A. Within a reasonable distance of 20 feet outside entrances, operable windows, and
ventilation systems of enclosed areas where smoking is prohibited, so as to insure
that tobacco smoke does not enter those areas.
B. In outdoor seating or serving areas of restaurants and within
[recommended 15-20] feet thereof.
C. In all outdoor arenas, stadiums, and amphitheaters, except in designated smoking
areas, which may be established only in perimeter areas at least
[recommended 15-20] feet from any seating areas or concession stands. Smoking
shall also be prohibited in, and within [recommended 15-20] feet of,
bleachers and grandstands for use by spectators at sporting and other public
events.
D. In all public transportation stations, platforms, and shelters under the authority of
the city.
E. In all outdoor service lines.
F. In outdoor common areas of nursing homes, except in designated smoking areas,
which must be located at least [recommended 15-20] feet outside
entrances, operable windows, and ventilation systems of enclosed areas where
smoking is prohibited.
Sec. 1008. Where Smoking Not Regulated
Notwithstanding any other provision of this Article to the contrary, the following areas shall
be exempt from the provisions of Sections 1004 and 1005:
A. Private residences, except when used as a childcare, adult day care, or health
care facility, and except as provided in Section 1006.
B. Not more than twenty percent (20%) of hotel and motel rooms rented to guests
and designated as smoking rooms. All smoking rooms on the same floor must be
contiguous and smoke from these rooms must not infiltrate into areas where
smoking is prohibited under the provisions of this Article. The status of rooms as
smoking or nonsmoking may not be changed, except to add additional
nonsmoking rooms.
C. Private clubs that have no employees, except when being used for a function to
which the general public is invited; provided that smoke from such clubs does not
infiltrate into areas where smoking is prohibited under the provisions of this Article.
This exemption shall not apply to any organization that is established for the
purpose of avoiding compliance with this Article.
D. Outdoor areas of places of employment except those covered by the provisions of
Section 1007.
Sec. 1009. Declaration of Establishment as Nonsmoking
Notwithstanding any other provision of this Article, an owner, operator, manager, or other
person in control of an establishment, facility, or outdoor area may declare that entire
establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be
prohibited in any place in which a sign conforming to the requirements of Section 1010(A)
is posted.
Sec. 1010. Posting of Signs
A. "No Smoking" signs 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 and conspicuously posted in every public place and
place of employment where smoking is prohibited by this Article, by the owner,
operator, manager, or other person in control of that place.
B. Every public place and place of employment where smoking is prohibited by this
Article shall have posted at every entrance a conspicuous sign clearly stating that
smoking is prohibited. Every vehicle that constitutes a place of employment under
this Article shall have at least one conspicuous sign, visible from the exterior of the
vehicle, clearly stating that smoking is prohibited.
C. All ashtrays shall be removed from any area where smoking is prohibited by this
Article by the owner, operator, manager, or other person having control of the
area.
Sec. 1011. Nonretaliation; Nonwaiver of Rights
A. No person or employer shall discharge, refuse to hire, or in any manner retaliate
against an employee, applicant for employment, or customer because that
employee, applicant, or customer exercises any rights afforded by this Article or
reports or attempts to prosecute a violation of this Article. Notwithstanding Section
1013, violation of this Subsection shall be a misdemeanor, punishable by a fine
not to exceed $1000 for each violation.
B. An employee who works in a setting where an employer allows smoking does not
waive or otherwise surrender any legal rights the employee may have against the
employer or any other party.
Sec. 1012. Enforcement
A. This Article shall be enforced by the [Department of Health or City
Manager or County Administrator] or an authorized designee.
B. Notice of the provisions of this Article shall be given to all applicants for a business
license in the City of Eagle.
C. Any citizen who desires to register a complaint under this Article may initiate
enforcement with the [Department of Health or City Manager or County
Administrator].
D. The Health Department, Fire Department, or their designees shall, while an
establishment is undergoing otherwise mandated inspections, inspect for
compliance with this Article.
E. An owner, manager, operator, or employee of an establishment regulated by this
Article shall inform persons violating this Article of the appropriate provisions
thereof.
F. Notwithstanding any other provision of this Article, an employee or private citizen
may bring legal action to enforce this Article.
G. In addition to the remedies provided by the provisions of this Section, the
[Department of Health or City Manager or County Administrator] or any
person aggrieved by the failure of the owner, operator, manager, or other person
in control of a public place or a place of employment to comply with the provisions
of this Article may apply for injunctive relief to enforce those provisions in any court
of competent jurisdiction.
Sec. 1013. Violations and Penalties
A. A person who smokes in an area where smoking is prohibited by the provisions of
this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty
dollars ($50).
B. Except as otherwise provided in Section 1011(A), a person who owns, manages,
operates, or otherwise controls a public place or place of employment and who
fails to comply with the provisions of this Article shall be guilty of an infraction,
punishable by:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation within
one (1) year.
3. A fine not exceeding five hundred dollars ($500) for each additional violation
within one (1) year.
C. In addition to the fines established by this Section, violation of this Article by a
person who owns, manages, operates, or otherwise controls a public place or
place of employment may result in the suspension or revocation of any permit or
license issued to the person for the premises on which the violation occurred.
D. Violation of this Article is hereby declared to be a public nuisance, which may be
abated by the [Department of Health or City Manager or County
Administrator] by restraining order, preliminary and permanent injunction, or other
means provided for by law, and the city may take action to recover the costs of the
nuisance abatement.
E. Each day on which a violation of this Article occurs shall be considered a separate
and distinct violation.
Sec. 1014. Public Education
The [Department of Health or City Manager or County Administrator] shall
engage in a continuing program to explain and clarify the purposes and requirements of
this Article to citizens affected by it, and to guide owners, operators, and managers in their
compliance with it. The program may include publication of a brochure for affected
businesses and individuals explaining the provisions of this ordinance.
Sec. 1015. Governmental Agency Cooperation
The [City Manager or County Administrator] 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. This includes urging
all Federal, State, City, and School District agencies to update their existing smoking
control regulations to be consistent with the current health findings regarding secondhand
smoke.
Sec. 1016. Other Applicable Laws
This Article shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Sec. 1017. Liberal Construction
This Article shall be liberally construed so as to further its purposes.
Sec. 1018. Severability
If any provision, clause, sentence, or paragraph of this Article or the application thereof to
any person or circumstances shall be held invalid, that invalidity shall not affect the other
provisions of this Article which can be given effect without the invalid provision or
application, and to this end the provisions of this Article are declared to be severable.
Sec. 1019. Effective Date
This Article shall be effective thirty (30) days from and after the date of its adoption.