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HomeMy WebLinkAboutItem 12a - No Smoking Regulations DATE: November 2, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager Hazel Aguilar, Administrative Intern SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING NO SMOKING REGULATIONS IN THE CITY OF ARCADIA Recommendation: Provide Direction SUMMARY At the August 17, 2021, City Council meeting, Mayor Pro Tem Cheng requested that an item be placed on an agenda at a future meeting to discuss updates to the City’s smoking regulations to include prohibitions on smoking in multi-family residential units, in front of entryways to commercial uses, and within a certain distance of outdoor dining facilities. His request was concurred by Council Members Beck and Verlato. Currently, Arcadia’s Municipal Code only prohibits smoking in public locations like movie theaters and parks, and at City sponsored events. It is recommended that City Council provide direction on a proposed Ordinance to update the City’s no smoking regulations. BACKGROUND Numerous studies have found that tobacco use causes death and disease and continues to be an urgent public health issue. This is evidenced by the fact that nearly 500,000 people die prematurely in the United States from smoke-related diseases every year, making tobacco use the leading cause of preventable death. In addition to primary use of tobacco products, secondhand smoke can travel through lighting fixtures, cracks in walls, shared heating/ventilation, around plumbing, and under doors. Constant exposure to secondhand smoke poses severe health risks to nonsmokers. The health risks can lead to lung cancer and cardiac disease. Exposure to secondhand smoke can also trigger severe asthma attacks, respiratory infections, sinus infections, sudden infant death syndrome, and other cardiovascular and pulmonary diseases. Report, Discussion, and Direction Regarding No Smoking Regulations November 2, 2021 Page 2 of 6 The American Lung Association (Attachment A) grades California cities on overall tobacco regulation. According to their scale, Arcadia receives the letter grade of “D” for only regulating smoking in indoor public facilities, parks, and City sponsored events. At the August 17, 2021, City Council meeting, Mayor Pro Tem Cheng requested that an item be placed at a future meeting to discuss updates to the City’s anti-smoking regulations to include prohibitions on smoking in multi-family residential units, in front of entryways to commercial uses, and within a certain distance of outdoor dining facilities. His request was concurred by Council Members Beck and Verlato. DISCUSSION There are several provisions of California state law governing the act of smoking and providing protections for persons from the adverse effects of secondhand smoke. Additional regulations are left to local authority like cities. California Health and Safety Code Section 118910 states that, “[t]he Legislature declares its intent not to preempt the field of regulation of the smoking of tobacco. A local governing body may ban completely the smoking of tobacco or may regulate smoking” in any manner not inconsistent with state law. The City also has general and constitutional police powers to make and enforce local laws to protect the public health and welfare, where such local laws do not conflict with general state law. (Cal. Constitution Article XI, § 7). California Health and Safety Code Section 118880 states that, “[t]he Legislature finds and declares that tobacco smoke is a hazard to the health of the general public” a legislative finding that forms the basis for the regulation of smoking by the state and, by extension, local jurisdictions within the state. Below is a summary of policy options for smoking regulations based off Mayor Pro Tem Cheng’s indication of areas of interest to discuss. Each area includes a summary of the policy option along with examples of regulations from other cities, including penalties for non-compliance. A list of smoking bans by City and type is included as Attachment B. Multi-family Residential Multi-family residential includes apartments and condominium complexes where multiple family units reside within one building or group of buildings on a property. Many Cities, such as Calabasas, South Pasadena, Huntington Park, and Pasadena, define multi-unit housing in their smoking policies as a residential property containing two or more dwelling units. Communities throughout the state have been regulating smoking in multi-family housing for over a decade. In 2011, Governor Jerry Brown signed Senate Bill (“SB”) 332 into law, giving California landlords the right to make their properties smoke-free. Additionally, studies conducted by the Center for Disease Control and Prevention demonstrate that Americans living in multi-family housing are more likely to use tobacco products than people living in single-family housing. Report, Discussion, and Direction Regarding No Smoking Regulations November 2, 2021 Page 3 of 6 With the implementation of SB 332, landlords in California have the right to designate their multi-unit buildings as smoke-free, but some cities, such as those listed below, have implemented policies that require all multi-unit housing to be smoke-free regardless of the preference of the landlord. The strongest smoke-free multi-unit housing policies are those that entirely restrict smoking within all existing and newly built units, including condominiums and apartments and their outdoor appurtenances (including balconies and patios). Less stringent regulations, in Burbank for instance, are those that ban smoking only in certain areas, such as enclosed common areas, or within five feet of all entrances, exits, walkways, and hallways, while still allowing smoking inside the unit itself or outdoors. City Multi-Family Smoking Regulation Penalty Alhambra Smoking is prohibited in common areas of multi-unit housing (except in landlord designated areas at least 20 feet from prohibited areas). Infraction with fines ranging from $100- $500. Beverly Hills Smoking is prohibited in all common areas and units in multi-residential buildings including condominiums. Infraction with fines from $100- $500. Burbank Smoking is prohibited within 5 feet from common areas of multi-family buildings and in all private non-enclosed areas. Smoking is permitted in attached and detached private residents except for residences that share common cooling and heating system. Infraction with fines ranging from $100- $500. Glendale Smoking is prohibited in all newly-built multi-family residences after 2013. Smoking is prohibited in all common areas of multi-unit rental housing, and residential condominium units. The owner can designate a smoking area if it is 20 feet away from common areas. Infraction with fines up to $100. Pasadena Smoking is prohibited in all common areas and units in multi-residential buildings including condominiums. In accordance with the citation schedules in the municipal code. Report, Discussion, and Direction Regarding No Smoking Regulations November 2, 2021 Page 4 of 6 Temple City Smoking is prohibited in enclosed common areas of multi-unit residential housing complex. Misdemeanor offense punishable in accordance with citation schedules in the municipal code. Entryways to Retail/Commercial Uses California Government Code Sections 7596-7598 prohibit smoking in an outdoor area within 20 feet of a main exit, entrance, operable window, or inside a publicly-owned building. This means that an individual can’t smoke within 20 feet of the entrance to City Hall or the Arcadia Public Library, but they can smoke in front of any business within the City under current City regulations. The table below shows those regulations that have been adopted in the general area to control smoking around commercial areas. City Retail/Commercial Entryway Regulation Penalty Beverly Hills Smoking is permitted only in designated smoking areas of private businesses and at outdoor public events. Smoking is prohibited at private and public plazas. Infraction with fines from $100- $500. Burbank Smoking is prohibited within 20 feet of any outdoor shopping area. Smoking is not prohibited in vehicle parking lots or structures that serve outdoor shopping areas or centers, or on public sidewalks adjacent to outdoor shopping areas or centers. Infraction with fines ranging from $100- $500. Glendale Prohibit smoking indoors and outdoors at a shopping mall, an owner, manager, or person in charge of a shopping mall may designate a non-enclosed, common area as a smoking permitted area. Infraction citations in accordance with the city municipal code. Pasadena Smoking is prohibited in outdoor areas of shopping malls, and within 20 feet from service lines. In accordance with the citation schedules in the municipal code. Outdoor Dining While restaurants can choose to ban smoking on their outdoor seating areas, there is no state law that requires it. This leaves many Californians at risk of exposure to secondhand smoke during their meals. More than 100 California cities have enacted Report, Discussion, and Direction Regarding No Smoking Regulations November 2, 2021 Page 5 of 6 Smoke-free Outdoor Dining and Bar Patio laws. A 2018 California Department of Public Health survey concluded that 84% of Californians, including 66% of smokers, prefer dining in a smoke-free restaurant with outdoor dining areas. Due to the COVID-19 pandemic, many restaurants were only allowed to offer outdoor dining experiences for their patrons; however, there are no current regulations that prohibit smoking within a certain distance of outdoor dining in Arcadia. City Outdoor Dining Regulation Penalty Alhambra Smoking is prohibited in any outdoor dining area. Infraction with fines ranging from $100- $500. Beverly Hills Smoking is prohibited within 20 feet of open-air dining areas, unless actively travelling by. Infraction with fines from $100- $500. Burbank Smoking is prohibited in all non- enclosed areas within five (5) feet of any outdoor dining area. Infraction with fines ranging from $100- $500. Glendale Smoking is prohibited in outdoor dining areas or person in charge or control of an outdoor dining area may designate a portion of the premises’ adjoining outdoor area as a smoking permitted area. Infraction citations in accordance with the city municipal code. Pasadena Smoking is prohibited in enclosed and unenclosed areas of bars and restaurants. In accordance with the citation schedules in the municipal code. Temple City Smoking is prohibited in any outdoor dining area. Misdemeanor offense punishable in accordance with the citation schedules in the city municipal code. Enforcement It should be noted that additional regulations regarding smoking in the areas described in this report can be difficult to enforce. Smoking in multi-family residential areas can be subject to tenant vs. tenant or landlord vs. tenant disputes and based on hearsay and accusation, where proof of a violation is hard to come by for enforcement officials. Code Enforcement and Police Department personnel can issue notices of violation or citations, but they must witness the act in question. Similarly, for entryways to commercial/retail uses or near outdoor dining, since those areas are typically sidewalks, Report, Discussion, and Direction Regarding No Smoking Regulations November 2, 2021 Page 6 of 6 parking lots, or other public areas, enforcement will likely fall on business or property owners to ensure that individuals aren’t smoking within specified locations. A proposed Ordinance may require owners to place signage and to self-regulate; however, enforcement by the City will largely be reactive should an active complaint be received. Staff surveyed how other City’s enforce their no smoking requirements and they range from a self-regulatory approach, to establishment of hotlines, to the creation of “Ambassador” programs where uniformed personnel patrol various locations to inform individuals about City ordinances, including smoking regulations, and can issue referrals to Code Enforcement staff for citation. Next Steps An ordinance to further limit smoking within the community would not create a significant burden on staff. It is requested that the City Council provide direction on a proposed Ordinance to update the City’s smoking prohibitions as well as on expected enforcement priorities should such an ordinance be adopted. If it is the City Council’s desire, staff would prepare a draft Ordinance for consideration at a future meeting. ENVIRONMENTAL ANALYSIS The proposed actions do not constitute a project under the California Environmental Quality Act (“CEQA”) based on Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT At present, the financial impacts are unknown, as the costs are highly dependent on the nature of the final policy design. While additional staff time will certainly need to be allocated for the implementation of a non-smoking policy, the amount of additional resources, such as staffing by Code Enforcement/Police Department, signage, and education materials, is unknown at this time. These specific costs would be estimated once additional direction is provided. RECOMMENDATION It is recommended that City Council provide direction on a proposed Ordinance to update the City’s no smoking regulations. Attachments: A. American Lung Association Scorecard B. Outdoor Secondhand Smoke Ordinances Agoura HillsBellArtesiaBradburyCovinaCarsonBell GardensAzusaCalabasasCulver CityComptonAlhambraBellflowerAvalonBurbank CudahyClaremont ArcadiaBeverly HillsCommerceBaldwin ParkCerritos31State of Tobacco Control 2021 California Local Grades State Of Tobacco Control 2021 - California Local Grades Overall Tobacco Control Grade DFDDFFBDFCAFBABCFFAFFB TOTAL POINTS 3 1 2 4 1 0 10 4 0 5 13 0 9 11 9 5 1 1 13 1 0 9 Smokefree Outdoor Air BDCFDFBAFDAFBAADDDADFD Dining 2000004400402440004002 Entryways 4000004402204440004000 Public Events 0040000302303440004000 Recreation Areas 4440204304403444434404 Service Areas 4000404400404440004000 Sidewalks 1000010100101100001000 Worksites 00000000001001 10000000 TOTAL POINTS 15 4 8 0 6 1 16 19 0 8 19 0 17 22 21 4 4 3 21 4 0 6 Smokefree Housing FFFFFFBFFAAFCCDFFFAFFA Nonsmoking Apartments 0000002004400200004004 Nonsmoking Condominiums 0000002004400000004004 Nonsmoking Common Areas 0000004004404420004004 TOTAL POINTS 00000080012120462000120012 Reducing Sales of Tobacco Products FFFAFFAFFFAFAAAAFFAFFA Tobacco Retailer Licensing 0004004000404444004004 TOTAL POINTS 0 0 0 4 0 0 4 0 0 0 4 0 4444004004 Emerging Issues Bonus Points Emerging Products Definition - Secondhand Smoke 1111111101100111001000 Emerging Products Definition - Licensing 0001001000101111001001 Retailer Location Restrictions 0000000000000100000100 Sale of Tobacco Products in Pharmacies 0000000000100000000000 Flavored Tobacco Products 0000000000101000001001 Minimum Pack Size of Cigars 0000000000000000000000 TOTAL POINTS 1 1 1 2 1 1 2 1 0 1 4 0 2 3 2 2 0 0 3 1 0 2 Los Angeles County (1/4) Attachment A Diamond BarGlendoraEl Monte Hidden HillsLa PuenteInglewoodHawthorneGardenaIndustryLakewoodLa MiradaDowneyHawaiian GardensEl SegundoHuntington ParkLa VerneLa Canada FlintridgeDuarteHermosa BeachLa Habra HeightsGlendaleIrwindale32State of Tobacco Control 2021 California Local Grades State Of Tobacco Control 2021 - California Local Grades Overall Tobacco Control Grade FFCBDCBFCCBFAFCFCFFFCF TOTAL POINTS 0 1 5 10 4 6 10 1 5 6 10 0 13 060601060 Smokefree Outdoor Air FDDDFDADDCAFAFCFCFDFDF Dining 0000022000404000400000 Entryways 0000004000204000000000 Public Events 0300004004404040302000 Recreation Areas 2444244444404042404240 Service Areas 0020004000204000000000 Sidewalks 0000001000101000000000 Worksites 0000001000101000000000 TOTAL POINTS 2 7 6 4 2 6 20 4 4 8 18 0 22 0 8 2 11 0 6 2 4 0 Smokefree Housing FFFAFFCFFFFn/aAFFFFFFFFF Nonsmoking Apartments 00040010000 4000000000 Nonsmoking Condominiums 00040010000 2000000000 Nonsmoking Common Areas 00040040000 4000000000 TOTAL POINTS 0 0 0 12 0 0 6 0000 10000000000 Reducing Sales of Tobacco Products FFAAAAAFAAAFAFAFAFFFAF Tobacco Retailer Licensing 0044444044404040400040 TOTAL POINTS 0 0 44444044404040400040 Emerging Issues Bonus Points Emerging Products Definition - Secondhand Smoke 0101011110101000101011 Emerging Products Definition - Licensing 0111011010101010000010 Retailer Location Restrictions 0000000000101000001010 Sale of Tobacco Products in Pharmacies 0000000000100000000000 Flavored Tobacco Products 0001000000100000000000 Minimum Pack Size of Cigars 0001010000101000000000 TOTAL POINTS 0 2 1 4 0 3 2 1 2 0 6 0 4 0 1 0 1 0 2 0 3 1 Los Angeles County (2/4) LancasterManhattan BeachLong BeachMonterey ParkRancho Palos VerdesPalos Verdes EstatesMonroviaLynwood Palmdale Rolling HillsRolling Hills EstatesPomonaLawndaleMaywoodLos AngelesNorwalkRedondo BeachPasadenaLomita Montebello Pico RiveraMalibu Paramount 33State of Tobacco Control 2021 California Local Grades State Of Tobacco Control 2021 - California Local Grades Overall Tobacco Control Grade DCCCCCCADFDCFCDFAFFFBFF TOTAL POINTS 4 5 5 7 7 4 6 13 4 1 4 6 1 7 3 0 12 0 0 1 9 0 0 Smokefree Outdoor Air FDDCBFCAFDFCDDBFAFFDAFF Dining 00022044002400404000400 Entryways 00004044000400404000400 Public Events 00022024000002404000200 Recreation Areas 04443224240433204223402 Service Areas 20020004000000004000400 Sidewalks 00000001000000101000100 Worksites 00000000000000000000100 TOTAL POINTS 2 4 4 10 11 2 12 21 2 4 2 12 3 5 15 0 21 2 2 3 20 0 2 Smokefree Housing FFFDFFFAFFFFFDFFAFFFFFF Nonsmoking Apartments 00000004000000004000000 Nonsmoking Condominiums 00000004000000004000000 Nonsmoking Common Areas 00020004000002004000000 TOTAL POINTS 0 0 0 2 0 0 0 12 0000020012000000 Reducing Sales of Tobacco Products AAAAAAAAAFAAFAFFAFFFAn/aF Tobacco Retailer Licensing 444444444044040040004 0 TOTAL POINTS 444444444044040040004 0 Emerging Issues Bonus Points Emerging Products Definition - Secondhand Smoke 000111010101110001101 1 Emerging Products Definition - Licensing 101011110010010000001 0 Retailer Location Restrictions 000001010000010010000 0 Sale of Tobacco Products in Pharmacies 000000010000000000000 0 Flavored Tobacco Products 00000001 1000000000001 0 Minimum Pack Size of Cigars 000000000000000000000 0 TOTAL POINTS 1 0 1 1 2 3 1 5 1111130011103 1 Los Angeles County (3/4) Rosemead Santa Monica San GabrielSouth GateWestlake VillageTorranceSignal HillSanta ClaritaTemple CityWest HollywoodSan Dimas Sierra Madre San Marino South PasadenaWhittierWalnutSan FernandoSouth El Monte West CovinaSanta Fe SpringsVernonLos Angeles County Unincorporated34State of Tobacco Control 2021 California Local Grades State Of Tobacco Control 2021 - California Local Grades Overall Tobacco Control Grade CFBCFFFACFCFABFFFDCFFC TOTAL POINTS 5 1 8 5 0 1 1 11 5 0 6 1 11 9 1 0 1 3 5 0 1 7 Smokefree Outdoor Air DDADFDDADFCDBADFDFDFDC Dining 0040000440404400002004 Entryways 0040000400004400000000 Public Events 0040000200000400000000 Recreation Areas 4444043420434440420044 Service Areas 0040000400004400004002 Sidewalks 0000000000001000000000 Worksites 0000000000000000000000 TOTAL POINTS 4 4 20 4 0 4 3 18 6 0 8 3 17 20 4 0 4 2 6 0 4 10 Smokefree Housing FFFFFFFBFFFFBDFFFFFFFF Nonsmoking Apartments 0000000200002000000000 Nonsmoking Condominiums 0000000200002000000000 Nonsmoking Common Areas 0000000400004200000000 TOTAL POINTS 0000000800008200000000 Reducing Sales of Tobacco Products AFAAFFFAAFAFAAFFFBBFFA Tobacco Retailer Licensing 4044000440404400033004 TOTAL POINTS 4 0 4 4 0 0 0 4 40404400033004 Emerging Issues Bonus Points Emerging Products Definition - Secondhand Smoke 0110010100101110010001 Emerging Products Definition - Licensing 0000000100101000001001 Retailer Location Restrictions 0000000000001 100001000 Sale of Tobacco Products in Pharmacies 0000000000000000000001 Flavored Tobacco Products 0000000000000000000001 Minimum Pack Size of Cigars 0000000000000000001001 TOTAL POINTS 0 1 1 0 0 1 0 2 0 0 2 0 3 2 1 0 0 1 3 0 0 5 Los Angeles County (4/4) OUTDOOR SECONDHAND SMOKE ORDINANCES LOS ANGELES COUNTY JURISDICTION OUTDOOR AREA WHERE SMOKING IS PROHIBITED Dining Area (Outdoors) Entryways Sidewalks Public Parks Service Areas Golf Courses Public Events Outdoor Worksites SHS Nuisance Last updated 08/04/2021 ©2021. California Department of Public Health. Funded under contract #CTCP-17-19. For more information please contact the Tobacco Control and Prevention Program at 213-351-7309. Agoura Hills* X X X X Alhambra* X X X X X X X Arcadia* X X Artesia* X* X* Avalon X X Azusa* X X Baldwin Park X X X X X* Bell* X X X X X X X Bell Gardens* X X X Bellflower Beverly Hills* X X X X X X Bradbury Burbank* X X X X X X*X X Calabasas* X X X X X X X X Carson* X X X X X X X Cerritos* X X* Claremont** X X X Commerce X Compton* X X X X X X Covina* X Cudahy Culver City* X X X Diamond Bar Downey* X X* Duarte X X*X Attachment B OUTDOOR SECONDHAND SMOKE ORDINANCES LOS ANGELES COUNTY JURISDICTION OUTDOOR AREA WHERE SMOKING IS PROHIBITED Dining Area (Outdoors) Entryways Sidewalks Public Parks Service Areas Golf Courses Public Events Outdoor Worksites SHS Nuisance Last updated 08/04/2021 ©2021. California Department of Public Health. Funded under contract #CTCP-17-19. For more information please contact the Tobacco Control and Prevention Program at 213-351-7309. El Monte* X El Segundo Gardena* X X Glendale* X X X X X X* X X X Glendora* X Hawaiian Gardens* X X Hawthorne* X X Hermosa Beach* X X X X X Hidden Hills Huntington Park* X X X X X X Industry X Inglewood* X X X Irwindale X* La Canada- Flintridge* X X X X La Habra Heights* X La Mirada* X X La Puente X La Verne* X Lakewood Lancaster Lawndale* X Lomita* X OUTDOOR SECONDHAND SMOKE ORDINANCES LOS ANGELES COUNTY JURISDICTION OUTDOOR AREA WHERE SMOKING IS PROHIBITED Dining Area (Outdoors) Entryways Sidewalks Public Parks Service Areas Golf Courses Public Events Outdoor Worksites SHS Nuisance Last updated 08/04/2021 ©2021. California Department of Public Health. Funded under contract #CTCP-17-19. For more information please contact the Tobacco Control and Prevention Program at 213-351-7309. Long Beach* X X X* Los Angeles City* X X X* Lynwood X Malibu* X X X* Manhattan Beach* X X X X X X Maywood X* Monrovia* X Montebello Monterey Park* X X Norwalk* X* Palmdale* X* X* Palos Verdes Estates* X X X X* X X Paramount Pasadena* X X X* X X X Pico Rivera* X Pomona* X Rancho Palos Verdes* X* Redondo Beach X X X X X X X X Rolling Hills Rolling Hills Estates X Rosemead X San Dimas* X OUTDOOR SECONDHAND SMOKE ORDINANCES LOS ANGELES COUNTY JURISDICTION OUTDOOR AREA WHERE SMOKING IS PROHIBITED Dining Area (Outdoors) Entryways Sidewalks Public Parks Service Areas Golf Courses Public Events Outdoor Worksites SHS Nuisance Last updated 08/04/2021 ©2021. California Department of Public Health. Funded under contract #CTCP-17-19. For more information please contact the Tobacco Control and Prevention Program at 213-351-7309. San Fernando* X X X X X San Gabriel X San Marino Santa Clarita* X Santa Fe Springs X* Santa Monica * X X X* X X X* Sierra Madre X X* Signal Hill South El Monte* X X South Gate X* X South Pasadena* X X X X X* Temple City* X X X X X X Torrance* X Unincorporated LA County* X X* X X X* Vernon Walnut X West Covina* X* West Hollywood X* X Westlake Village Whittier X TOTAL 33 22 15 72 24 5 29 6 13 OUTDOOR SECONDHAND SMOKE ORDINANCES LOS ANGELES COUNTY JURISDICTION OUTDOOR AREA WHERE SMOKING IS PROHIBITED Dining Area (Outdoors) Entryways Sidewalks Public Parks Service Areas Golf Courses Public Events Outdoor Worksites SHS Nuisance Last updated 08/04/2021 ©2021. California Department of Public Health. Funded under contract #CTCP-17-19. For more information please contact the Tobacco Control and Prevention Program at 213-351-7309. Key X* Policy that does not prohibit smoking in 100% of the specified area. Considered Comprehensive Policy including 5 of 7 areas: Dining areas, Entryways, Public Events, Recreation Areas, Service Areas, Sidewalks, and Worksites. * Includes Public Plazas & Dining Parklets * Includes Tobacco Cannabis and ESD’s * Includes Tobacco and Cannabis * Includes Tobacco and ESD’s