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HomeMy WebLinkAboutItem 14b - No Smoking Regulations DATE: January 18, 2022 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: ORDINANCE NO. 2384 AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTIONS 4290.2, 4290.3, 4290.4 AND 4294 TO PART 9 OF CHAPTER 2 OF ARTICLE IV (“THE PUBLIC WELFARE, MORALS AND POLICY CODE”) WITH AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), TO ESTABLISH SMOKING PROHIBITIONS FOR MULTI- FAMILY RESIDENTIAL UNITS, COMMERICAL AND RETAIL ENTRYWAYS, AND OUTDOOR DINING FACILITIES Recommendation: Introduce 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. At the November 2, 2021, City Council Meeting, the City Council directed staff to prepare an ordinance to expand the City’s smoking regulations to prohibit smoking in common areas of multi-family residential units and within 25 feet from commercial/ retail entryways and outdoor dining facilities. Therefore, it is recommended that City Council introduce Ordinance No. 2384 (Attachment No. 1) updating the City’s No Smoking regulations. BACKGROUND Currently, the Arcadia Municipal Code (“AMC”) Article IV, Chapter 9, Sections 4290 and 4290.1 prohibit smoking in a room, chamber, place of meeting or public assembly where public business is being conducted. Other restrictions include the portions of any building, structure or other enclosed facility open to the general public including City parks, recreational areas, and City sponsored events. The American Lung Association grades cities on overall tobacco regulation. Due to the City’s limited regulations to address the adverse effects of first and secondhand smoke, Ordinance No. 2384 – No Smoking Regulations January 18, 2022 Page 2 of 3 Arcadia has received the letter grade “D” by the American Lung Association. To promote a healthier environment, 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. After a lengthy discussion at the November 2, 2021, City Council Meeting, the City Council directed staff to develop an ordinance that creates additional regulations on tobacco use by limiting areas where smoking is allowed in the City. Changes and updates to current regulations will protect the public from experiencing the negative effects and health complications associated with smoking. DISCUSSION In accordance with California Health and Safety Code Section 104495, smoking is defined as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation. The definition includes electronic devices that create an aerosol or vapor. The proposed Ordinance No. 2384 also updates the list of smoking products to include the use of marijuana now that under state law it is an allowable use in private homes. Multi-Family Housing A multi-family unit is defined as two or more units with a shared wall and/or ventilation. It is well established that smoke can travel from one unit to another and permeates through walls and ventilation systems. The draft Ordinance allows for the discretion of the tenant to smoke inside the unit (if it is allowed by the property owner) as long as it is undetected by neighboring residents. The proposed Ordinance also restricts smoking in common areas of the property. A common area is defined as an enclosed or unenclosed area of a multi-family unit facility including but not limited to halls and paths, lobbies and courtyards, elevators and stairs, community rooms, playgrounds, clubhouses, gym facilities and swimming pools, parking garages and parking lots, shared laundry rooms, shared cooking or eating areas, or other shared facilities used by tenants. Smoking is allowed inside units at the discretion of the property owner; however, tenants/occupants must make all reasonable efforts to diffuse smoke from permeating from the unit. Any smoke that is perceived by neighbors would in violation of the proposed ordinance. There is nothing in this ordinance that prohibits a property owner from banning all smoking at their facilities as a condition of occupancy. Outdoor Dining/ Retail Establishments As a result of the COVID-19 pandemic, outdoor dining has become a popular trend for many bars and restaurants. Despite the open air atmosphere, smoking near outdoor dining facilities can disrupt the overall dining experience. In an effort to promote a healthy and safe environment, Ordinance No. 2384 would prohibit smoking in outdoor dining establishments as well as prohibiting individuals from smoking within 25 feet of an open- Ordinance No. 2384 – No Smoking Regulations January 18, 2022 Page 3 of 3 air dining area. Smoking would also be prohibited within 25 feet from entrances to commercial and retail entryways. Businesses are expected to post signage in conspicuous areas highlighting the updates to the ordinance. Enforcement Ordinance No. 2384 establishes an enforcement mechanism and new penalties violations. The first violation of the ordinance in a year will result in a $100 fine. The second violation would be a $200 fine and each subsequent violation would be a $500 fine. Similar to existing smoking regulations, it is anticipated that property and business owners will largely self-regulate. The City’s Code Enforcement staff and Police Department can assist with enforcement related activities; however, much of the enforcement is likely to be reactive in nature. The penalties and enforcement approach are consistent with neighboring cities who have adopted similar policies. 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 There is a minimal impact to the General Fund for adopting Ordinance No. 2384. This will primarily consist of outreach to business and property owners regarding the new ordinance, as well as any additional calls for service related to enforcement. While fines are not expected to be common, they would tend to offset the cost of enforcement and education. There is sufficient funding in Department’s operating budgets to resource these requirements. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2384 adding Sections 4290.2, 4290.3, 4290.4, and 4294 to Part 9 of Chapter 2 of Article IV (“The Public Welfare, Morals and Policy Code”) with an exemption from the California Environmental Quality Act (“CEQA”), to establish smoking prohibitions for multi-family residential units, commercial and retail entryways, and outdoor dining facilities. Attachment No. 1: Ordinance No. 2384