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HomeMy WebLinkAboutORD-2008-006 – Ord Regulating Smoking in Bldgs & Motor Vehicles Owned by or Leased by Orange Co ~u AMENDMENTS TO THE ORANGE COUNTY ORDINANCE REGULATING SMOKING IN BUILDINGS OWNED BY OR LEASED TO ORANGE COUNTY AND MOTOR VEHICLES " OWNED BY OR LEASED TO ORANGE COUNTY BE IT ORDAINED THAT THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends its Ordinance Regulating Smoking in Buildings Owned by or Leased to Orange County. and Motor Vehicles Owned by or Leased to Orange County by deleting the Ordinance in its entirety and replacing it as follows: ORANGE COUNTY ORDINANCE PROHIBITING TOBACCO USE IN BUILDINGS OWNED BY OR LEASED TO ORANGE COUNTY AND PUBLIC TRANSPORTATION VEHICLES OWNED BY OR LEASED TO ORANGE COUNTY WHEREAS, tobacco use is the number one preventable cause of premature death in North Carolina and the nation; and, WHEREAS, secondhand smoke has been proven.. to cause cancer, heart disease, and asthma in both smokers and nonsmokers; and, WHEREAS, the 2006 Surgeon General's Report on the health consequences of involuntary exposure to tobacco smoke states that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. The 2006 Surgeon General's Report documents that separating smokers from nonsmokers, cleaning the air, and ventilating smoke cannot eliminate exposure to secondhand smoke; and, WHEREAS, the Centers for Disease Control and Prevention (CDC) advises that all individuals with coronary heart disease or known risk factors for coronary heart disease should avoid all indoor environments that permit smoking; and, WHEREAS, exposure to secondhand smoke is expensive, costing the nation $10 billion per year, $5 billion in direct medical care costs, and $5 billion in indirect costs according to the 2005 Society of Actuaries; and, WHEREAS, The 2006 Surgeon General's Report documents that eliminating indoor smoking fully protects nonsmokers from exposure to secondhand smoke; and, WHEREAS, Orange County provides support to employees who want to quit the use of tobacco products. These employees are also encouraged to talk to their health care provider about quitting; ask about appropriate pharmacotherapy available through the county health insurance plan or employee's insurer and use the free quitting support services of the North Carolina Tobacco Use Quitline at 1-800-QUIT-NOW (1-800-784-8669). WHEREAS, Orange County recognizes the health risks of tobacco use and secondhand smoke for non-smokers. The County desires to minimize the harmful effects of tobacco use among its staff and to eliminate secondhand smoke exposure for staff and the public in those buildings controlled by the County; NOW, THEREFORE, BE IT ORDAINED by the Orange County Board of Commissioners: Section 1. AUTHORIZATION. This Ordinance is enacted pursuant to N.C. General Statute 130A-498 as an exercise of the authority of the Board to regulate the use of County property, and N.C. General Statute 153A-121, as an exercise of the police power to protect, promote and preserve the public health, welfare and safety of: -Citizens who use County owned buildings; -Citizens who use buildings leased by the County as lessee (i.e. tenant) and occupied by the County. Citizens who use County owned or leased public transportation vehicles; -County employees who work in County owned or leased buildings; -County employees who use County owned or leased public transportation vehicles used by the public. Section 2. DEFINITIONS. a. "Grounds" -The area located within 50 linear feet of a building wherein a local health department or a local department of social services is housed. b. "Smoker" - A person who is smoking. c. "Smoking" -The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product. d. "Tobacco products" -Any product that contains tobacco and is intended for human consumption. Section 3. USE OF TOBACCO PRODUCTS IS PROHIBITED IN COUNTY BUILDINGS AND TRANSPORTATION VEHICLES Use of tobacco products is prohibited in all of the following: (a) Buildings that are owned by Orange County. (b) Buildings that are leased by Orange County as lessor (i.e. landlord). (c) Buildings or areas of buildings that are leased by Orange County as lessee (i.e. tenant) and occupied by Orange County. (d) Public transportation vehicles owned or leased by Orange County and used by the public. (e) The grounds of any building housing one or more components of Orange County Health Department or the Orange County Department of Social Services. Section 4. SIGNAGE (a) Persons in charge of buildings and/or grounds identified in Section 3 shall post signs at all entrances and exits to the buildings explaining the prohibition of tobacco use. Signs may be posted in other areas of the buildings as well. For example, signs maybe posted in other areas in the building where tobacco use is likely, such as bathrooms and dining areas. (b) Persons in charge of vehicles identified in Section 3 shall post signs in the vehicles explaining the prohibition. The signs must be displayed in areas where passengers will be able to see the signs but the placement of the signs must not interfere with the safe operation of the vehicle. (c) The signs required by subsections (a) and (b) of this Section must use clear and unambiguous language to convey the prohibition. The signs may include language such as "TOBACCO FREE BUILDINGS,'.' "TOBACCO USE PROHIBITED IN THIS BUILDING," "TOBACCO USE NOT PERMITTED IN THIS BUILDING," or "TOBACCO USE NOT PERMITTED IN THIS VEHICLE." If a sign includes the international "No Smoking and Smokeless Tobacco" symbol (which consists of a pictorial representation of a burning cigarette and smokeless tobacco product enclosed in a red circle with a red bar across it), it must also include written text explaining the prohibition. (d) Persons in charge of buildings and vehicles identified in Section 3 must determine whether signs should be posted in languages other than English. (e) Persons in charge of buildings or grounds where tobacco use is prohibited by this ordinance shall remove all publicly available ashtrays from the buildings and grounds. Section 5. PUBLIC EDUCATION The Orange County Health Department and the County Manager shall engage in a continuing program to explain and clarify the purposes and requirements of this ordinance to citizens affected by it, and to guide compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Section 6. TOBACCO USE PERMITTED OUTSIDE BUILDINGS Use of tobacco products is permitted outside the buildings identified in Section 3 except for the grounds of any building housing one or more components of Orange County Health Department or the Orange County Department of Social Services, provided that the persons who are smoking do not stand adjacent to a public entrance or air intake vent. Section 7. ENFORCEMENT AND PENALTIES (a) Employees: Employees who violate this ordinance shall be subject to sanctions consistent with County policies regulating tobacco use by County employees. (b) The person in charge of a building or vehicle identified in Section 3 or his or her designee who sees an individual using a tobacco product (other than an employee) who is in violation of this ordinance must ask the individual to stop using the tobacco product. If, after having been asked to stop using the tobacco product, the individual continues to use the tobacco product, he or she shall be in violation of this ordinance. Violators of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00 in accordance with N.C. General Statute 14-4(a). Section 8. EFFECTIVE DATE This ordinance shall become effective upon the - day of , 2008. Upon motion of G Commissioner _ amend nt~jvere ----~ day of by ~~6~-x-~ ,seconded by the foregoing Ordinance County Board of Commissioners on the ~, 2008. _1~ day of , 2008. 1 Clerk to the Board of Commissioners WITNESS my hand this the aR~- ao~ 8'~~~ Services Facility at the Guaranteed Maximum Price of $1,308,733, subject to final review and approval by the County Attorney; and authorized the Chair to sign. k. Establishment of an Interlocal Agreement Committee for the Hillsborough Area- Orange County Strategic Growth Plan Phase II The Board established the IAC with six representative position slots, from Orange County for the Strategic Growth Plan Phase II and asked the Clerk to advertise and/or notify advisory boards for possible appointments. I. Sportsplex HVAC Equipment Replacement The Board approved a change order proposal for $377,022 requested by Orange County regarding the repair and replacement of existing mechanical systems equipment in the Sportsplex and authorized the Manager to execute the change order. m. Adoption of Reimbursement Resolution for Animal Services Facility This item was removed and placed at the end of the consent agenda for separate consideration. n. Amendments to the Orange County Ordinance Regulating Smoking in Buildings Owned by or Leased to Orange County and Motor Vehicles Owned by or Leased to Orange County The Board adopted the ordinance amendments with an effective date of April 1, 2008; requested that each municipality in Orange County adopt a resolution permitting the applicability of the ordinance within their respective municipality; and encourages each municipality to adopt an ordinance governing tobacco use in municipal buildings. o. Fiscal Year 2007-08 Budget Amendment #7 The Board approved budget, capital and grant project ordinance amendments, and updates to the County's current fee schedule for fiscal year 2007-08 for Department of Social Services, Department on Aging, Orange Public Transportation, Commissioner Contingency, Criminal Justice Partnership, Health Department, Housing and Community Development, Various, Emergency Services, Lands Legacy Capital Project Ordinance, Emergency Telephone System Fund, and Arts Commission. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA h. Contract with RB Engineerinq, Inc. for Structural Engineerinq Services to Stabilize and Repair Barns at Future Park Sites The Board considered authorizing the Chair to execute a contract with RB Engineering, Inc. to conduct engineering work, prepare construction drawings and specifications, and perform inspection services for two barns; the future New Hope Park at Blackwood Farm and the future Twin Creeks District Park; and authorizing the Manager to sign subject to final review by staff and County Attorney. Chair Jacobs said that this has been discussed in the past about the space needs that the Board wanted a thorough assessment of all of the park buildings and out buildings and the structural integrity, etc. He said that at one point it was discussed that a team would visit each site with a report and photographs but this has never happened. He would like to ask management to pursue this. Commissioner Carey said to be specific about what the Board asked for. Chair Jacobs restated that it would be a specific study of the structural integrity of buildings on park properties that have been purchased by the County and, for the houses, what is required to make them habitable. Secondly, he wants to know the plan for getting caretakers into those houses. O~~ - o2da~- d a~ a ~ ~ s -~a8 ~~ ORANGE COUNTY BOARD OF' COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 19, 2008 Action Agenda Item No. ~ - ~ SUBJECT: Amendments to the Orange County Ordinance Regulating Smoking in Buildings Owned by or Leased to Orange County and Motor Vehicles Owned by or Leased to Orange County DEPARTMENT: Health PUBLIC HEARING: (Y/N) No Personnel County Manager ATTACHMENT(S): Amendments to the Orange County Ordinance Regulating Smoking in Buildings Owned by or Leased to Orange County and Motor Vehicles Owned by or Leased to Orange County INFORMATION CONTACT: Rosemary Summers, 245-2411 Michael McGinnis, 245-2550 Laura Blackmon, 245-2300 Memorandum to Moses Carey, 9/14/05 PURPOSE: To consider adopting a County ordinance that would regulate smoking in County buildings and motor vehicles owned by or leased to Orange County. BACKGROUND: In 2006, the Surgeon General published a report on the health consequences of involuntary exposure to tobacco smoke with scientific evidence that indicates that there is no risk-free level of exposure to secondhand smoke. Furthermore, .that report documents that separating smokers from nonsmokers, cleaning the air and ventilating smoke cannot eliminate exposure to secondhand smoke. There is an increasing public recognition of the hazards of tobacco use. In Orange County, both school districts are tobacco free in buildings and grounds; UNC Health Care is tobacco free in buildings and grounds.; and UNC has just recently become a tobacco free campus. In 2005, the North Carolina General Assembly passed a law that allowed local governments to make buildings housing health departments and social services departments tobacco free within 50 linear feet of each building. During the 2007 legislative session, a law passed that allowed all local governments to make buildings owned or leased by the local government and all public transportation vehicles owned by the local government tobacco free, retaining the provision for health and social service grounds from the 2005 legislation. In September 2005, the Orange County Board of Health requested that the County Commissioners consider an ordinance that would make health and social service buildings tobacco free within the 50 foot limit allowed by the law. The Board of Health continues to support the opportunity to protect employees and the public from the effects of second hand smoke and tobacco use whenever possible. The Orange County Employee Consortium his also expressed interest and support for this effort. The County Attorney's office has drafted the attached ordinance for BOCC consideration consistent with Session Law 2007-193 which is now codified as NC Gen. Stat. § 130A-498. Because the majority of County buildings are located within municipalities, a resolution permitting the proposed ordinance to be enforced within the municipality must be approved by the municipality before the ordinance may be enforced within town limits. With the support of the Board of Commissioners, the Health Director will meet with municipal bodies to seek adoption of resolutions permitting the enforcement of the proposed ordinance within the respective municipal jurisdictions and to encourage each municipality to adopt a tobacco use ordinance governing their properties. An important part of the implementation of this ordinance is public education about the effects of secondhand smoke and the purpose and provisions of this ordinance to ensure compliance. To that end, the Health Department will take the lead in planning a series of media articles and the design and production of a flyer that will be available at all County ofi•ice buildings. Public Works will post appropriate signage at each County location and in vehicles that will be affected by this ordinance in advance of the actual implementation date. In addition, Public Works will work with each department to remove all publicly available ashtrays and spit containers from the buildings and grounds. The Personnel Department will work with the Employee Consortium and department heads to inform employees of this ordinance and offer assistance to any employee that wishes to quit using tobacco products. The Health Department will assist these implementation efforts where possible. It is anticipated that it will take a few weeks to schedule municipal presentations, order appropriate signage and allow adequate time for employee and public education. Therefore, the effective ordinance date is recommended to be April 1, 2008. FINANCIAL IMPACT: There are a total of 50 county buildings and a number of vehicles that will require signage. It is estimated that the signage will cost approximately $4,500. Funds for signage will be paid from the Board approved capital funds (CIP) appropriated for signage. In addition there will be minor costs associated with producing the flyers announcing the implementation of the ordinance. The savings from enacting this ordinance will be reflected in the reduction of costs associated with exposure to secondhand smoke and tobacco use for the county's employees and the public that the county serves. RECOMMENDATION(S): The Manager recommends that the Board: • adopt the ordinance amendments with an effective date of April.1, 2008, • request that each municipality in Orange County adopt a resolution permitting the applicability of the ordinance within their respective municipality, and • encourages each municipality to adopt an ordinance governing tobacco use in municipal buildings. ~ o~atY kea'!~o e ~ ` o d ~ ~ To: Moses Carey, Chair O ~ range County Board of Commissioners ~,~ From: Alan Rimer, Chair Na~~~~~~~~ Orange County Board of Health Re: Smoking on County Property at Health Department Locations Date: September 14, 2005 ORANGE COUNTY HEALTH DEPARTMENT Cc: John Link, County Manager Rosemary Summers, Health Director Rosemary L summers, Donna Baker, Clerk to Board of Commissioners MPH, DrPH Geoffrey Gledhill, County Attorney Health Director During the regular Board of Health meeting on August 25, the Board of Health Rid~ard E. Whiffed Human services center discussed a new piece of legislation that pertains to smoking. As you are aware, 300 West Tryon Street the bod of evidence that details the effects of ex osure to secondhand smoke y p Post Office Box 8181 has grown significantly in the past ten years. This research has demonstrated Hillsborough, Nc z727s Phone: (919) 245-2411 that exposure to secondhand smoke is a significant health threat to non-smokers, Fax: (919) 644-3007 increasin the risk for lun cancer corona arte disease, asthma and other g $ , ry ry www cn orange ric us/hea/th lung diseases and Sudden Infant Death S ndro B d hi h ~ , y me. ase on t s researc evidence, the Board of Health believes that any.reduction of exposure to secondhand smoke will improve the health of the public and Orange County IBOARD of HEALTH employees. The Board of Commissioners passed an ordinance on August 17, 1993 that establishes smoke free environments within county buildings; Alan Rimer, PE however it does allow smoking outside of county buildings. This important Chair -ordinance has offered the public and county employees protection from ~sica Y. Lee, DDS, MPH, DrPH secondhand smoke indoors; however, entrances to buildings are often the Vice Chair congregation point for employees and the public who smoke. loses Carey, )r. Commissioner During the 2005 North Carolina legislative session, House Bill 239 was passed Timothy Carey, MPH, MD and signed into law. This bill amended GS 143=599, Section 1. An amendment Christina Harlan, RN to one of the smoking restriction exemptions for public places now reads: Sharon E. van Hom, MPH, MD "(S) Local health department and the building and grounds where the local Matthew Vizithum, oD health department is located. For the purposes of this subdivision, `grounds " mean the area located within SO linear feet of a local health department. " Jim Stefanadis, Pharm. Alice Whiffi, MPH, PhD The Board of Health is requesting that Commissioners amend the existing 1993 County Ordinance to include this new provision that restricts smoking within 50 (vacant), DVM linear feet of local health department buildings. Significant numbers of Health Sharon Freeland, BA, Mrs Department employees are located in three buildings; the Richard E. Whiffed Building, Southern Human Services Center, and the Carr Building (Planning and Agricultural Building). The Health Director consulted the County Attorney who advised that revising the current County Ordinance would be the appropriate tool to effect this change. On behalf of the Board, thank you for considering this change. We would appreciate feedback from you on the process to follow from this point forward. If you have any questions or concerns, please call either myself or ~ Rosemary Summers. OiQ,p ~ e2 ao ~ - o oa6 ~~ Services Facility at the Guaranteed Maximum Price of $1,308,733, subject to final review and approval by the County Attorney; and authorized the Chair to sign. k. Establishment of an Interlocal Agreement Committee for the Hillsborough Area- Orange Countv Strategic Growth Plan Phase II The Board established the IAC with six representative position slots, from Orange County for the Strategic Growth Plan Phase II and asked the Clerk to advertise and/or notify advisory boards for possible appointments. I. Sportsplex HVAC Equipment Replacement The Board approved a change order proposal for $377,022 requested by Orange County regarding the repair and replacement of existing mechanical systems equipment in the Sportsplex and authorized the Manager to execute the change order. m. Adoption of Reimbursement Resolution for Animal Services Facility This item was removed and placed at the end of the consent agenda for separate consideration. n. Amendments to the Orange Countv Ordinance Regulating Smoking in Buildings Owned by or Leased to Orange Countv and Motor Vehicles Owned by or Leased to Orange Countv The Board adopted the ordinance amendments with an effective date of April 1, 2008; requested that each municipality in Orange County adopt a resolution permitting the applicability of the ordinance within their respective municipality; and encourages each municipality to adopt an ordinance governing tobacco use in municipal buildings. o. Fiscal Year 2007-08 Budget Amendment #7 The Board approved budget, capital and grant project ordinance amendments, and updates to the County's current fee schedule for fiscal year 2007-08 for Department of Social Services, Department on Aging, Orange Public Transportation, Commissioner Contingency, Criminal Justice Partnership, Health Department, Housing and Community Development, Various, Emergency Services, Lands Legacy Capital Project Ordinance, Emergency Telephone System Fund, and Arts Commission. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA h. Contract with RB Enpineerina, Inc. for Structural Enaineering Services to Stabilize and Repair Barns at Future Park Sites The Board considered authorizing the Chair to execute a contract with RB Engineering, Inc. to conduct engineering work, prepare construction drawings and specifications, and perform inspection services for two barns; the future New Hope Park at Blackwood Farm and the future Twin Creeks District Park; and authorizing the Manager to sign subject to final review by staff and County Attorney. Chair Jacobs said that this has been discussed in the past about the space needs that the Board wanted a thorough assessment of all of the park buildings and out buildings and the structural integrity, etc. He said that at one point it was discussed that a team would visit each site with a report and photographs but this has never happened. He would like to ask management to pursue this. Commissioner Carey said to be specific about what the Board asked for. Chair Jacobs restated that it would be a specific study of the structural integrity of buildings on park properties that have been purchased by the County and, for the houses, what is required to make them habitable. Secondly, he wants to know the plan for getting caretakers into those houses.