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HomeMy WebLinkAboutAgenda - 02-19-2008-4nORANGE COUNTY BOARD OF- COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 19, 2008 Action Agenda Item No. -+ - h 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 has also expressed interest and support for this effort. 2 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 office 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. 3 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). 4 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 may be 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. 6 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 Commissioner , seconded by Commissioner , the foregoing Ordinance amendments were adopted by the Orange County Board of Commissioners on the day of , 2008. WITNESS my hand this the day of 2008. Clerk to the Board of Commissioners G°'Pty He a" O cc D nn o) 3 To: Moses Carey, Chair i f C i t B d C O o oners omm ss oun y oar o range From: Alan Rimer, Chair North Carolina Carolina Public Pohlic Health ®•ealth ,®® 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 Donna Baker, Clerk to Board of Commissioners Rosemary L. Summers, MPH, DrPH Geoffrey Gledhill, County Attorney Health Director During the regular Board of Health meeting on August 25, the Board of Health Richard E. Whiffed Human discussed a new piece of legislation that pertains to smoking. As you are aware, Services Center the body of evidence that details the effects of exposure to secondhand smoke 300 West Tryon Street Post Office Box 8181 has grown significantly in the past ten years. This research has demonstrated Hillsborough, NC 27278 that exposure to secondhand smoke is a significant health threat to non-smokers, Phone: (919) 245-2411 4+3003007 Fax: (919) 644- increasing the risk for lung cancer, coronary artery disease, asthma and other www.co.orana nc.usosaM lung diseases, and Sudden Infant Death Syndrome. Based on this research evidence, the Board of Health believes that any reduction of exposure to ° secondhand smoke will improve the health of the public and Orange County BOARD 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 ssica 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, Jr. 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: ;haron E. Van Horn, 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 50 linear feet of a local health department. " Jim Stefanadis, Pharm. Alice White, 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, MTS 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. I