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HomeMy WebLinkAboutAgenda - 08-04-1993 - VIII-C 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V DLC:Q.. ACTION AGENDA ITEM ABSTRACT Meeting Date: August 4, 1993 SUBJECT: Smoking Ordinance DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: - Existing Smoking Policy Albert Kittrell ext. 2300 - Recommendation from Employee Smoking Committee - Draft Smoking Ordinance TELEPHONE NUMBER- Hillsborough -732-8181 Chapel Hill -968-4501 Mebane -227-2031 Durham -688-7331 PURPOSE: To consider adopting an ordinance prohibiting smoking in ! buildings owned by or leased to Orange County Government; and motor vehicles owned by or leased to Orange County. BACKGROUND: On April 4, 1988 a Smoking Policy for county buildings was approved by the Board. The policy established designated smoking and non-smoking areas in all county buildings. Effective date for the policy was September 1, 1989 with a one year test period. In November 1989, the smoking policy was reviewed by Department Heads, County Manager and Board of Commissioners. The permanent smoking policy, designating smoking and non-smoking areas in county buildings, became effective December 1, 1989. After requests from department heads and employees, the County Manager directed a committee to be established to review the current smoking policy. In February 1993, the committee recommended to the Manager that the current policy be rescinded and develop a new policy banning smoking in all county buildings. After consultation with the County Attorney, staff has developed an ordinance prohibiting smoking in buildings owned by or leased to Orange County Government and motor vehicles owned by or leased to Orange County. 2 Effective date for the local ordinance would be September 15, 1993. The ordinance would not be affected by a recent state law which regulates smoking in public places and establishes standards for local governments electing to regulate smoking. The state law becomes effective October 15, 1993 and supersedes local law, rules or ordinances not enacted before that date. The Health Department will offer smoking cessation programs to county employees who desire assistance. On August 26, 1993 the Board of Health will consider pursuing a local rule that would regulate smoking in all public places in the County including municipalities. Ordinance requires one reading from the Board if the Commissioners ' vote to adopt the ordinance is unanimous. A second reading is required if the vote is not unanimous. RECOMMENDATION(S) : The Manager recommends adoption of the local smoking ordinance effective September 15, 1993 . 3 POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: April 4 , 1988 NUMBER: 0380 REVISED DATE: November 21, 1989 EFFECTIVE DATE: December 1, 1989 REVISIONS: POLICY: SMOKING POLICY To protect the health and safety of employees and other persons who make use of Orange County buildings, designated smoking and non-smoking areas have been assigned to all county buildings. Effective December 1, 1989 smoking will be prohibited in rest rooms, conference rooms and most individual offices. Although smoking prohibitions exist in some areas, smoking will be permitted in designated areas in each building. The physical configuration and ventilation of many county buildings require the placement of designated smoking areas in the most appropriate space. Designated smoking areas will differ among buildings. The goal is to ensure that each employee has the opportunity to work in a smoke-free environment. Understanding the addictive nature of smoking, the consequent difficulty in limiting or stopping smoking and the design of county buildings which may hinder attempts to provide totally smokeless environments, county management has (1) approved the establishment of a smoking cessation program through the "Health Yourself" employee wellness program and (2) developed a system to periodically evaluate designated smoking and non-smoking areas. - Signs depicting non-smoking areas are prominently displayed in all county buildings. - Smoking will be allowed only in areas that are not posted. - Department Heads are responsible for designating and monitoring smoking/non-smoking areas. Where departments share space in a county building, the department heads in that building, will designate both types of areas by consensus. - Ashtrays are adequately provided in smoking areas and at the entrance(s) to non-smoking areas. The Department of Public Works is responsible for the procurement, placement and maintenance of signs and ashtrays. 4 MEMORANDUM TO: John Link, County Manager FROM: Albert Kittrell, Assistant County Manager DATE: February 23, 1993 SUBJECT: Smoking Policy Committee Recommendations The Smoking Policy Committee met on November 11, 1992, December 2, 1992, and January 20, 1993 to review the existing Smoking Policy governing county buildings. As you will recall, this committee was comprised of smokers and nonsmokers from various departments. At the first and second meetings the committee: 1. Discussed the current policy; 2 . commented individually on the policy; 3. acknowledged that the existing designated smoking areas were inconsistent from building to building; 4 . indicated that the designated smoking areas do not provide for a smoke free environment in buildings since many are located in foyers and stairways; 5. considered smokers ' rights; 6. began planning a method to receive employees' input on the policy; and 7 . discussed developing an education program for employees concerning secondary cigarette smoke. During the third meeting, the committee received a report from the Public Works Director indicating that it would be expensive to improve or construct designated smoking areas in existing county buildings. Structural changes to buildings must occur before smoke can be contained without seepage. Also, a presentation from a county health educator highlighted the affects and hazards of secondary tobacco smoke. Additionally, the committee discussed the recent John Link 5 Page 2 February 23, 1993 conclusion by the Environmental Protection Agency that passive tobacco smoke is a human lung carcinogen, as well as, news articles which suggest employers may be susceptible to lawsuits from employees regarding the affects of passive smoke. As a result of this information, the consensus and recommendations of the committee are to: rescind the existing county smoking policy and establish a new policy banning smoking in all county buildings; and provide employees with the attached pamphlet from the American Cancer Society which explains the risks of secondary smoke. Others issues such as: smoking in county vehicles, smoking outside of county buildings; personnel policy and ramifications for employees deciding not to follow the ban, employee smoking cessation programs; and beginning date for the smoking ban are a few concerns that were not discussed in detail but should be considered by County Management. 6 An Ordinance Prohibiting Smoking in Buildings Owned by or Leased to Orange County and Motor Vehicles Owned by or Leased to Orange County WHEREAS, North' Carolina General Statutes § 153A-121 authorizes the Board of County Commissioners of Orange County (hereafter "the Board" ) to enact an ordinance to protect the public health and safety and to promote the general welfare of the citizens of Orange County (hereafter "the County" ) ; and WHEREAS, North Carolina General Statutes § 153A-169 requires the Board to supervise the maintenance, repair and use of all County property and authorizes the Board to adopt, by ordinance, regulations concerning the use of County property; and WHEREAS, Representative groups of County employees have indicated that they desire a smoke-free work place and that they do not wish to be exposed to environmental tobacco smoke which in some instances irritates, aggravates or causes respiratory ailments and in other instances causes: employees to fear that they may become affected by heart or lung disease by inhaling the second-hand smoke of employees who do smoke; and WHEREAS, There is a growing body of evidence to indicate that smoking is a major cause of certain preventable diseases and deaths in this country and the U.S. Environmental Protection Agency has concluded that the widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact; and WHEREAS, The Board is committed to protecting and promoting the health and safety of citizens and employees by eliminating environmental tobacco smoke from County buildings and motor vehicles; and WHEREAS, County buildings and vehicles are at less risk of damage and abuse and more efficiently utilized and maintained at less expense and effort by the prohibition therein of smoking. NOW, THEREFORE BE IT ORDAINED by the Orange County Board of Commissioners: 1 7 1. Authorization This Ordinance is enacted pursuant to N.C. General Statutes § 153A-169, as an exercise of the authority of the Board to regulate the use of County property, and N.C. General Statutes § 153A-121, as an exercise of the police power to protect, promote and preserve the public health, welfare and safety of: - Citizens who use services provided in County owned or leased buildings or ride in County owned or leased vehicles . -County employees who work in County owned or leased buildings and use County owned or leased vehicles. 2. Smoking Prohibited Smoking is prohibited in all County owned or leased buildings and all County owned or leased motor vehicles . 3. Definitions a. Smoking Smoking means possession of a lighted tobacco product, including but not limited to a lighted cigarette, cigar or pipe. b. County Building County building means any building owned by or leased to the County. It includes offices, restrooms, indoor walkways, stairwells, entrances, doorways, passageways, break areas, lobbies and work areas . c. County Vehicle County vehicle means any motor vehicle owned by or leased to the County including but not limited to cars, trucks, buses and vans. 4. Smoking Areas Smoking is permitted on land owned by or leased to the County outside of County buildings except as restricted by written rule of the County Manager. Any such rule shall be distributed to all County employees and shall be posted at the County courthouse. 2 8 5. No Smoking Signs In public areas of County owned or leased buildings and in County owned or leased motor vehicles used by the public, there shall be conspicuously displayed appropriate signage reading "Smoking Prohibited By Law. " 6. Penalty Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500 .00 or imprisonment of not more than 30 days, in the discretion of the Court, in accordance with N.C. General Statutes § 14-4(a) . Read and approved upon first reading by a vote of for and against. Read and approved upon second reading by a vote of for and against. This Ordinance shall become effective upon the day of , 1993 . I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing Ordinance Prohibiting Smoking in Buildings Owned or Leased by Orange . County and Motor Vehicles Owned or Leased by Orange County and that said proceedings are recorded in Minute Book No. of the minutes of said Board, beginning at page and ending at page WITNESS my hand and the seal of said County, the day of , 1993 . Clerk to the Board of Commissioners 3