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HomeMy WebLinkAboutAgenda - 08-17-1993 - VIII-A 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. \/111.. P ACTION AGENDA ITEM ABSTRACT Meeting Date: August 17, 1993 SUBJECT: Smoking Ordinance DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: - Revised Smoking Ordinance Albert Kittrell - Existing Designated Smoking Ext. 2300 Areas by Departments TELEPHONE NUMBER- Hillsborough -732-8181 Chapel Hill -968-4501 Mebane -227-2031 Durham -688-7331 PURPOSE: To consider adopting an ordinance regulating smoking in buildings owned by or leased to Orange County Government and motor vehicles owned by or leased to Orange County. BACKGROUND: At the August 4, 1993 Commissioners Meeting the proposed smoking ordinance, replacing the 1988 smoking policy, was discussed by the Board. The proposed smoking ordinance prohibited smoking in County buildings and vehicles. The Board requested the County Manager to review smoking in County vehicles, designated smoking areas in the jail, designated smoking areas in County buildings and effective date of the proposed ordinance. The revised smoking ordinance with changes in bold print is attached. A summary of the changes is as follows: County Vehicles Smoking is prohibited in County vehicles used to transport members of the public. Smoking is allowed in other County vehicles if all occupants agree. County Jail The Sheriff defines designated smoking areas for inmates in the jail. Such designated areas may not include common areas. 2 County Buildings The County Manager defines designated smoking areas within County buildings. Such designated areas shall not include offices, hallways, foyers, public entrances, stairwells, restrooms, meeting rooms, lobbies and common areas. Effective Date of Smoking Ordinance - County Buildings Effective September 15, 1993 the County Manager will designate smoking areas. Effective July 1, 1995 any designated smoking area must be outside of the building, or serviced by an adequate heating, ventilation and air conditioning system which provides a smoke-free environment for non-smoking employees in enclosed buildings. - County Jail Effective September 15, 1993 the Sheriff will designate smoking areas for inmates. Effective July 1, 1996 any designated smoking area for inmates (including pre-trial detainees) located in the portion of the jail where inmates are housed must be serviced by an adequate heating, ventilation and air conditioning system which provides a smoke-free environment for non- smoking inmates (including pre-trial detainees) . Current designated smoking areas were reviewed by the employee smoking committee in January 1993. Staff reviewed designated smoking areas with department heads again to verify previous information. A list of existing designated smoking areas by departments is attached. If the smoking ordinance is approved, the County Manager will designate smoking areas based on criteria in the proposed ordinance. Common areas and offices will not be designated as smoking areas in County buildings. County buildings will be evaluated to determine if smoking areas can be developed cost effectively with adequate ventilation systems. Evaluations will be completed before July 1, 1995. RECOMMENDATION(S) : The Manager recommends adoption of the Local Smoking Ordinance with an effective date of September 15, 1993 . 3 An Ordinance Regulating 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 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 reducing exposure to environmental tobacco smoke in 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 regulation therein of smoking. NOW, THEREFORE BE IT ORDAINED by the Orange County Board of Commissioners: 1. Authorization This Ordinance is enacted pursuant to N.C. General 4 -2- 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. 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. 3. Smoking Prohibited a. County Buildings Smoking in County buildings is prohibited except as may be designated in smoking areas as established in this section. (1) Designated smoking areas within County buildings, except for smoking areas for inmates (including pre-trial detainees) located in portions of the County Jail where inmates are housed, will be determined by written rule of the Orange County Manager. Any such rule shall be distributed to County employees and shall be posted prominently in County buildings. Such designated areas shall not include hallways, foyers, public entrances, stairwells, restrooms, offices, lobbies, and 5 -3- common areas. Effective July 1, 1995 any designated smoking area must be: - Outside of the building, or - If within a County building, serviced by an adequate heating, ventilation and air conditioning system which provides a smoke-free environment for non-smoking employees in the enclosed building. (2) Designated smoking areas for inmates (including pre-trial detainees) located in the portion of the County Jail where inmates are housed will be determined by written rule of the Orange County Sheriff. Any such rule shall be posted prominently in the County Jail. Such designated areas may not include common areas. Inmates (including pre-trial detainees) shall be provided the option of being housed in a section of the jail or in jail cells segregated as to smokers and non-smokers. Effective July 1, 1996 any designated smoking area for inmates (including pre-trial detainees) located in the portion of the jail where inmates are housed must be serviced by an adequate heating, ventilation and air conditioning system which provides a smoke-free environment for non-smoking inmates (including pre-trial detainees) . b. County Vehicles Smoking is prohibited in County vehicles used to transport members of the public. Smoking is allowed in other County vehicles if all occupants agree. If occupants smoke, they are expected to empty ashtrays and ventilate the vehicle for subsequent occupants. c. Outdoors on County Property Smoking is permitted on land owned by or leased to the County outside of County buildings except as restricted by written rule of the Orange County Manager. Any such rule shall be distributed to County employees and shall be posted prominently in County buildings. 4. Signs -4- 4 . Signs In public areas of County owned or leased buildings, there shall be conspicuously displayed appropriate signage prohibiting smoking except in designated areas . 5. Construction This Ordinance shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws, rules or regulations . The provisions of this Ordinance are severable . Any provision of this Ordinance deemed by a court of competent jurisdiction to be invalid shall be severed and such severance shall not affect the validity of any other provision of this Ordinance . This Ordinance shall not be construed to require Orange County to modify or construct any new or existing County building to provide therein a smoke-free environment for non-smoking employees and members of the public. 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 5 for and 0 against. This Ordinance shall become effective upon the 15th day of September 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 August 17, 1993 as relates in any way to the adoption of the foregoing Ordinance Regulating 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. 27 of the minutes of said Board, beginning at page and ending at page -5- WITNESS my hand and the seal of said County, the 2 h day of August , 1993 . -‘11" is"! "IP ,/./I - Clerk to e Board of Co•kissioners EXISTING DESIGNATED SMOKING AREAS County Buildings and Departments Designated Smoking Areas Government Services Building County Manager . . . . . . . . . . . . . . . . . . . . Designated smoking room ( 1st floor) County Commissioners . . . . . . . . . . . . . . . . . if Land Records . . . . . . . . . . . . . . . . . . . . . it Revenue . . . . . . . . . . . . . . . . . . . . . . . Designated office Tax Assessor . . . . . . . . . . . . . . . . . . . . . Designated office Register of Deeds . . . . . . . . . . . . . . . . . . No response Government Services Annex Budget . . . . . . . . . . . . . . . . . . . . . . . . Foyer at rear entrance Finance . . . . . . . . . . . . . . . . . . . . . . . Personnel . . . . . . . . . . . . . . . . . . . . . . if Data Processing . . . . . . . . . . . . . . . . . . . Designated office Court Street Annex Economic Development . . . . . . . . . . . . . . . . . No smoking Elections . . . . . . . . . . . . . . . . . . . . . . Designated office Sawyer Building Child Support . . . . . . . . . . . . . . . . . . . . Break room Commission for Women . . . . . . . . . . . . . . . . . No smoking Planning and Agriculture Center Planning . . . . . . . . . . . . . . . . . . . . . . . Front lobby/foyer Cooperative Extension . . . . . . . . . . . . . . " Environmental Health . . . . . . . . . . . " Soil and Water . . . . . . . . . . . . . . . . . . Animal Control . . . . . . . . . . . . . . . . . . Storage room (rear of building) County Buildings and Departments Designated Smoking Areas Whitted Human Services Building Social Services . . . . . . . . . . . . . . . . . . . Stairway landings (3rd floor) Housing & CD . . . . . . . . . . . . . . . . . . . . " Health . . . . . . . . . . . . . . . . . . . . . No smoking (employees on 2nd floor use hallway near elevator on 2nd floor) Aging . . . . . . . . . . . . . . . . . . . . . . . Hallway (1st floor) Recreation & Parks . . . . . . . . . . . . . . . . . . Stairway landings Library . . . . . . . . . . . . . . . . . . . . . . . No smoking 911 Buildings EMS . . . . . . . . . . . . . . . . . . . . . . . . . No smoking (during inclement weather smokers may smoke in break room if other occupant(s) agree) Centel Building Purchasing and Central Services . . . . . . . . . . . No smoking Public Works Complex Administrative Offices Building . . . . . . . . . . . No smoking Motor Pool . . . . . . . . . . . . . . . . . . . . . . Break room Sheriff Building Administrative Offices . . . . . . . . . . . . . . . . Kitchen area Jail . . . . . . . . . . . . . . . . . . . . . . . . . Inmates are permitted to smoke NOTE: Survey was conducted between August 5 and 11, 1993. Time constraints did not permit staff to survey County departments with satellite offices or agencies that occupy County buildings such as: Court Offices, OPC Mental Health, JOCCA, Durham Technical Community College, Orange Enterprises, Cedar Grove Daycare, Community School For People Under Six and other agencies. These agencies designated smoking areas in 1989 under the current smoking policy and were very cooperative. The two largest agencies--Courts had a representative to serve on the recent employee smoking committee and OPC has kept abreast of developments and will support the County' s efforts. co