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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/13/2013 - SMOKING ORDINANCE EXPANSION OPTIONSDATE: August 13, 2013 STAFF: Beth Sowder Carol Thomas Pre-taped staff presentation: available at fcgov.com/clerk/agendas.php WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Smoking Ordinance Expansion Options. EXECUTIVE SUMMARY The purpose of this work session is to discuss options for expansion of the City of Fort Collins Smoking Ordinance. City of Fort Collins Neighborhood Services and Transfort received guidance on public health trends and best practices from Larimer County Department of Health and Environment in late 2012 and early 2013 to develop potential options for expansion of the Fort Collins Smoking Ordinance, including smoke-free outdoor dining areas, bar patios, and Transfort’s public transit facilities. This work session discussion will focus on data and community feedback regarding potential options as well as information about the health impacts related to secondhand smoke. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council wish to move forward with any of the options to expand the Fort Collins Smoking Ordinance? 2. Are there areas of concern staff has not addressed or is additional outreach needed? 3. Is this item ready for formal Council consideration? If so, what timeline would Council prefer? BACKGROUND / DISCUSSION In 2003, Fort Collins was one of the first communities in Colorado to designate bars, restaurants and workplaces as smoke-free. In 2006, the Fort Collins’ Smoking Ordinance was amended to conform to the Colorado Clean Indoor Air Act. The City of Fort Collins has a history of working with the Larimer County Department of Health and Environment and Tobacco Free Larimer County. They worked together closely in 2003 when the City adopted the Smoking Ordinance prohibiting smoking in all indoor public places. Examples of prior collaborative work include: • Community education about Smoke-Free Fort Collins and the Colorado Clean Indoor Air Act • Training for Code Compliance staff about the details of these laws August 13, 2013 Page 2 • Neighborhood Services Code Compliance staff educated businesses, restaurants, and bars using materials and signage developed by Tobacco Free Larimer County and the Colorado Department of Public Health and Environment • Neighborhood Services Code Compliance staff provided enforcement data regarding citations, warnings, and educational efforts about the Smoking Ordinance • Shared evidence-based public health information about smoke-free housing policies in Landlord Training provided by Neighborhood Services • Continuously receive ongoing education and information about tobacco and secondhand smoke policies. In response to enforcement issues and citizen feedback regarding the current Smoking Ordinance, staff is interested in the possibility of strengthening/expanding the Ordinance. There has been some confusion in the community regarding whether there is already a ban on smoking in outdoor eating areas/patios. Additionally, in 2012, Larimer County Department of Health and Environment had staff and resources available to work collaboratively with Neighborhood Services and Transfort to research, survey, and develop potential options regarding smoking in outdoor public places. Larimer County received the Tobacco Education, Prevention, and Cessation Grant from the Colorado Department of Public Health and Environment in order to help support some of the work and research involved in this collaborative work. If Council chooses to move forward with any of the options to expand the smoking ordinance, the grant money will help fund signage to businesses for their patios as well as Transfort signage. Health Impacts (Attachment 2) Secondhand smoke (SHS) has been designated as a human cancer-causing agent by the Environmental Protection Agency (EPA) and several other national and state agencies. Various Surgeon General’s reports advise that “there is no safe level of secondhand smoke”. Research conducted in 2010 concludes that even short term exposure to tobacco smoke has an immediate effect on the systems of the body. New methods of measurement show poisonous particulates from tobacco smoke in outdoor areas near buildings, covered areas, and restaurant and bar patios or service lines are significant, especially when in close proximity to others. Both national and local studies (done in Greeley and Pueblo) show communities with indoor smoke-free laws generally have fewer overall hospitalizations for heart attacks and respiratory emergencies. The impacts are significant, and it is known that exposure to secondhand smoke causes lung cancer, increased risks for other cancers, and respiratory illnesses. The Center for Disease Control recommends designating smoke-free areas as a proven practice to improve health. Additionally, chronic diseases such as asthma, heart disease, and lung disease get worse upon secondhand smoke exposure. Drifting tobacco smoke can trigger asthmatic attacks, bronchial infections, and other serious health problems in nonsmokers. Expanding smoke-free areas offers more protection for the health of the community. More specifically, measurements of secondhand smoke conducted in a variety of outdoor locations by the California Air Resources Board found that in many settings, especially next to buildings, concentrations of secondhand smoke are comparable to indoor concentrations where smoking is permitted. The EPA uses the air quality index (AQI) with rating levels from 0-500. It is helpful to know that corresponding health advisory categories range from good (AQI of 50 or below) to very hazardous (AQI rating above 400). Recent studies at outdoor restaurants/bars where smoking was August 13, 2013 Page 3 allowed measured an AQI of above 150 which corresponds to a health advisory indicating that the air is unhealthy for everyone. (Attachment 3) National and Local Trends (Attachment 2) There are growing trends, both nationally and locally, toward having outdoor smoke-free environments. Nationally, 104 municipalities have smoke-free outdoor dining and bar patios, and 277 municipalities have smoke-free outdoor transit areas. There are even more states, cities, or counties that restrict smoking in other outdoor areas, including parks, beaches, stadiums, entertainment venues, etc. In Colorado, seven municipalities have adopted smoke-free outdoor dining areas and bar patios since 2002, and five municipalities have smoke-free outdoor transit areas since 2006. According to a 2013 national Gallup survey, almost 60% of respondents supported no smoking laws/rules in public places. This is up from 30% in 2003. Additionally, 53% of respondents in the Health District of Northern Colorado 2010 Community Health Survey said it was not acceptable to smoke in public. Fort Collins is known as a healthy community. The rate of cigarette use among residents continues to drop and is currently at 11.3%, according to the Health District of Northern Colorado 2010 Survey. This puts Fort Collins ahead of most communities in reaching the Healthy People 2010 goal for reducing use to below 12%. Smoke-free areas are a proven public health strategy to help reduce use. The City’s Smoking Ordinance (adopted in 2003) is likely a contributing factor for the significant 3% drop in cigarette use from 2001 to 2004. Additionally, tobacco rates are considered when overall health ratings of a community are determined, and Fort Collins has received various healthy community designations which lend visibility to the community and provide economic appeal. In late 2012, the City of Fort Collins conducted outreach and informal surveys to gather local input about the possibility of expanding the local Smoking Ordinance. The following input was received: Fort Collins Survey – General Public (1,358 respondents) Do you support smoke-free outdoor dining area/bar patios? • strongly support 61.1% • somewhat support 6.8% • somewhat oppose 7.9% • strongly oppose 22.5% • don’t know 1.7% Even though 68% of respondents support expanding the smoking ordinance to include outdoor dining areas and bar patios, only 16% indicate that exposure to secondhand smoke in these outdoor areas is currently a problem. This could be because Fort Collins is ahead of most communities by seeing a reducing amount of cigarette use among residents which is down to 11.3%. August 13, 2013 Page 4 Fort Collins Survey – Restaurant/Bar Managers (14 respondents – focused on businesses that currently allow smoking on their outdoor patios) Has existing indoor smoke-free laws affected business? • No impact/neutral 42.9% • Positive impact 35.7% • Negative impact 14.3% • Don’t know 7.1% 57% of respondents allow smoking in their outdoor dining area or bar patio 57% do not support an expansion of the smoking ordinance Impact To determine the impact of an expansion to the smoking ordinance, staff researched how many restaurants, bars and coffee shops exist in Fort Collins; how many have outdoor seating areas; and how many currently allow smoking in their outdoor seating area. The following information is approximate: • 466 restaurants/bars/coffee shops in Fort Collins • 107 have outdoor seating areas • 16 admitted to allowing smoking in their outdoor areas Staff also interviewed Transfort riders and conducted an online survey to try to understand the level of support for implementing a smoke-free transit area and a 20 foot perimeter from bus shelters and benches. The data collected includes: Transfort Riders Interviews • 115 riders interviewed • 60% support smoke-free policies • 33% oppose smoke-free policies Transfort Online Surveys • 41 respondents • 88% support smoke-free policies • 12% oppose smoke-free policies Current Smoking Ordinance (Attachment 1) Currently, the City of Fort Collins’ Smoking Ordinance prohibits smoking in the following places: • Places of employment • Public buildings • Businesses used by the public (including bowling alleys and bingo parlors) • Indoor restaurants, cafes, coffee shops, and bars • Common areas (lobbies, hallways, clubhouses, etc.) of multi-family residences August 13, 2013 Page 5 • 20 feet from all entryways of places of employment, public buildings, and businesses. The current penalty is a criminal misdemeanor, with fines up to $1,000 and/or up to 180 days in jail. Enforcement is done by Code Compliance by responding to complaints and doing some proactive patrols downtown. Overall compliance with the current Smoking Ordinance has been very successful, with relatively few complaints received and little enforcement action needed. Since 2003, Code Compliance has received approximately 350 complaints, issued 7 citations, and gained voluntary compliance in most cases. Usually, a discussion with the business owner regarding a potential smoking violation is enough to resolve the problem. Occasionally, enforcement action must occur. Most of the complaints and inquiries occurred in the first couple years after the ordinance was adopted. 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Number of Complaints/ Inquiries 254 62 0 1 11 17 5 2 1 3 0 Number of Citations Issued 2 1 0 0 0 0 0 0 1 3 0 Options for Expanding Smoking Ordinance (Attachment 1) Based on public support, code compliance experience, departmental input from Neighborhood Services and Transfort, and emerging research on public health regarding secondhand smoke, recommendations for expanding the smoking ordinance include the following areas: • Outdoor dining areas and bar patios • 20 feet from outdoor dining areas and bar patios • Public transit facilities, with exception of a designated smoking area that is 20 feet from building entrances, bus shelters and benches • 20 feet from bus stop shelters and benches • MAX platforms Additionally, staff recommends enhancing education efforts to impacted restaurants and bars and transit areas. This enhanced effort will include in-person visits to restaurant and bar owners and managers, information provided to the general public, educational campaigns at transit stations and on busses, provide improved signage to restaurants and bars, and add new signs at transit facilities. Fort Collins Police Services agreed to partner with Code Compliance to assist with downtown smoking enforcement as they are able. This will greatly assist with the initial process to ensure compliance is occurring early on, and continued enforcement will be the responsibility of Code Compliance. Enforcement efforts of smoking regulations at/on transit facilities will be facilitated by transit security. August 13, 2013 Page 6 Additional options to strengthen tobacco ordinances for the added protection of public health and the environment could be: • Include Electronic cigarettes (currently allowed indoors) • Designate 100% smoke-free indoor motels/hotels (25% of rooms are currently allowed to have smoking) • Eliminate sampling at tobacco retail stores • Designate smoke-free high-use pedestrian areas such as Old Town • Designate smoke-free City parks and trails • Designate smoke-free public events and festivals It is important to note that any of these additional considerations would need extensive public outreach to determine whether the community supports them, and enforcement resources would need to be identified. ATTACHMENTS 1. City of Fort Collins Smoking Ordinance Info Sheet 2. Expanding the Smoking Ordinance – Why? 3. Is Tobacco Smoke Safe to Breathe Outdoors? 4. PowerPoint presentation Attachment 3 Is Tobacco Smoke Safe to Breathe Outdoors? Introduction Knowledge about the dangerous chemicals contained in tobacco smoke, along with their deadly consequences for smokers, has been well established for decades. We also know that the tobacco smoke breathed by non-smokers (secondhand smoke) contains essentially the same chemicals, metals and gases – and it therefore also very unhealthy to breathe. Some of the components in the smoke include lead, arsenic, benzene and carbon monoxide, to name just a few. The volume of scientific evidence showing that secondhand smoke causes serious illness and death in adults and children has grown to a level where in 2006, the U.S. Surgeon General called it massive, conclusive and indisputable. As a result, more and more people in the United States (and throughout the world) are taking action to eliminate people’s exposure to secondhand smoke, in order to protect everyone’s health. Most of these actions have been through the elimination of indoor smoking in homes, cars, worksites and other public places. To a lesser degree, smoking restrictions are being adopted for outdoor settings. Background What does the scientific evidence say about breathing secondhand smoke outdoors? While the amount of research conducted on secondhand smoke in outdoor settings is not as great as that completed in indoor environments, the research findings are showing similarities. The California Air Resources Board (1) measured secondhand smoke concentrations in a variety of outdoor locations at airports, colleges, government centers, office complexes and amusement parks. They found that when smoking occurs in these settings, people could be exposed to levels of secondhand smoke that are comparable to indoor concentrations where smoking is permitted. In another study (2), where measurements were conducted when active smoking was taking place at outdoor patios, sidewalks, and parks, similar results were observed. One of the researchers stated that this type of outdoor tobacco exposure should not be dismissed as trivial. Measuring Tobacco Smoke A common measure of air quality in detecting tobacco smoke pollution is particulate matter (PM). PM 2.5 is air particles that have a diameter of smaller than 2.5 microns. Particulates of this size are easily inhaled deep into the lungs. The U.S. Environmental Protection Agency (EPA) has set air quality index levels and corresponding health advisory descriptors, based on PM 2.5 measurements. PM 2.5 AQI Break Points (microns/cubic meter) Air Quality Index (AQI) Health Advisory Descriptor 0.0 – 15.4 0-50 Good 15.5 – 40.4 51-100 Moderate 40.5 – 65.4 101-150 Unhealthy for Sensitive Groups 65.5 – 150.4 151-200 Unhealthy for Everyone 150.5 – 250.4 201-300 Very Unhealthy 250.5 – 350.4 301-400 Hazardous 350.5 – 500.4 401-500 Very Hazardous A Canadian study (3) measured secondhand smoke levels on outdoor hospitality patios (restaurants/bars). Measurements were taken at three different locations, with some variation in dimensions and structure. The most significant difference was the number of smoking customers. The location with the greatest number of smokers resulted in average PM 2.5 levels of 102 (unhealthy for everyone) and peak levels of 660 (very hazardous+). A study conducted at one of the University of Maryland campuses (4) measured the distance from the source of tobacco smoke in which PM 2.5 can be detected. Previous studies found that odor detection can occur at 1 micron/cubic meter and irritation begins at 4 meters (13 feet). The study also found that anyone positioned downwind from an outdoor source of tobacco smoke is going to be exposed to secondhand smoke, even at significant distances from the source. People who are positioned upwind should be at least 25 feet from any outdoor source, in order to minimize the risk of breathing the unhealthy chemicals found in tobacco smoke. A study conducted in Finland (5) in outdoor cafes and on city streets found the air pollution levels in the cafes with many smokers were 5-20 times higher than on the sidewalks of busy streets polluted by bus, truck and auto traffic. Measurements in various smoking permitted outdoor areas on a Caribbean cruise ship (6) showed triple the level of secondhand smoke carcinogen exposure, when compared to indoor and outdoor areas of the ship where smoking was allowed. Moreover, the levels measured were nearly the same as that in the ships smoking permitted casino. Conclusions These studies should begin to question the common perception that outdoor tobacco smoke immediately dissipates into the air and therefore, does not pose a health risk. Tobacco smoke smells bad because it is bad. The dangerous composition of chemicals in smoke is essentially the same – indoors and outdoors. As stated in the 2006 Surgeon General’s report, “There is no risk-free level of exposure to secondhand smoke”. Secondhand smoke is harmful. It doesn’t take much and it doesn’t take long to cause harm. Action Steps We are beginning to see more and more rules and policies established to protect people from secondhand smoke exposure at outdoor settings, as has occurred previously in indoor settings. Restrictions are beginning to be placed on smoking in such places as: - Parks - Building Entrances - Amusement Parks - Tails - Ball Fields - Fair Grounds - Playgrounds - Skate Parks - Water Parks - Beaches - Bus Stops - Stadiums - Zoos - Street Dances - Rodeo Arenas - Patios - Festivals - Picnic Shelters By eliminating smoking at these types of outdoor settings, people are receiving protection from the health consequences of secondhand smoke exposure, just as they have become more accustomed to receiving this type of protection indoors. References (1) CalEPA (2006) California Environmental Protection Agency, Air Resources Board, Office of Environmental Health Hazard Assessment, State of California Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Containment As Approved by the Scientific Review Panel on June 24 2005. (2) Real-Time Measurements of Outdoor Tobacco Smoke Particles. Klepeis N., Ott W., Switzer P. Journal of Air & Waste Management Association Vol. 57 May 2007 (3) Tobacco Smoke Pollution in Outdoor Hospitality Settings. Kennedy RD, Sendzik T., Elton-Marshall T., Hammond D., Fong G. University of Waterloo, Canada Presented at the 13 th World Conference on Tobacco OR Health 2006 (4) Measurements of Outdoor Air Pollution from Secondhand Smoke on the UMBC Campus Repace, J. 2005 www.repace.com (5) Outdoor Air Pollution from Secondhand Smoke. Repace, JL and Rupprecht, AA. Presented at the 13 th World Conference on Tobacco OR Health 2006 (6) Indoor and Outdoor Carcinogen Pollution on a Cruise Ship in the Presence and Absence of Tobacco Smoking. Repace, JL. Presented at the 14 th Annual Conference of the International Society of Exposure Analysis 2005 Dakota County Public Health Department July 2008 1 Smoking Ordinance Expansion Options City Council Work Session August 13, 2013 Beth Sowder, Neighborhood Services Manager Carol Thomas, Transfort Safety, Security, Training Manager ATTACHMENT 4 2 Purpose • Options for Expansion of City Smoking Ordinance • Based on: – Public Health Trends and Best Practices –Data – Public Feedback – Health Impacts 3 Direction Sought 1. Does Council wish to move forward with any of the options to expand the Fort Collins Smoking Ordinance? 2. Are there areas of concern staff has not addressed or is additional outreach needed? 3. Is this item ready for formal Council consideration? If so, what timeline would Council prefer? 4 Background Information • 2003 – Fort Collins designated all bars, restaurants, and workplaces as smoke- free • 2006 – Colorado Clean Indoor Air Act • Collaboration with Larimer County Department of Health & Environment and Tobacco Free Larimer County 5 Background Info Con’t. • Citizen Feedback • Enforcement Issues • Collaboration with Larimer County • Grant Funding 6 Health Impacts • Secondhand Smoke is a cancer-causing agent • “There is no safe level of secondhand smoke” • New research regarding outdoor smoke – Poisonous particulates especially near buildings, covered areas, and restaurant/bar patios • Smoke-free areas proven practice to improve health • Chronic diseases get worse upon exposure 7 Specific Measurements/Data • Environmental Protection Agency – Air Quality Index (AQI) ratings from 0 – 500 • Health Advisory Categories – AQI of 50 or below – Good – AQI above 400 – Very Hazardous • Outdoor dining areas/patios – AQI of 150 – unhealthy for everyone 8 National Trends • 104 municipalities have smoke-free outdoor dining and bar patios • 277 municipalities have smoke-free outdoor transit areas • 2,311 smoking restrictions within states, cities, or counties in the following outdoor areas: – Parks, trails, beaches – Stadiums and entertainment venues – Near entrances of enclosed places 9 Local Trends In Colorado: – 7 municipalities have smoke-free dining and bar patios – 2 stadiums have smoke-free seating – 1 City has a smoke-free downtown area – 5 jurisdictions have smoke-free outdoor transit areas 10 2013 National Survey 2013 Gallup Poll: smoking should be illegal in all public places 0 10 20 30 40 50 60 70 2003 2005 2007 2013 percent of respondents 11 Fort Collins • Healthy Community • Cigarette use continues to drop – 11.3% • Healthy People 2010 Goal • Smoke-free areas – proven public health strategy • Tobacco rates are considered for overall health ratings 12 Support Smoke-Free Outdoor Dining? 22% 61% 8% Strongly Support 7% 2% Strongly Oppose Somewhat Oppose Somewhat Support Don't Know 13 Impact of Existing Smoke-Free Laws? 43% 36% 14% None/Neutral 7% Positive Negative Don't Know 14 Impact • 466 restaurants/bars/coffee shops • 107 have outdoor seating areas • 16 admitted to allowing smoking in their outdoor seating areas 15 Transfort Riders Interviews Online 33% 60% 7% Support Oppose Don't Know 88% 12% Support Oppose 16 Current Smoking Ordinance Smoking is prohibited in: • Places of employment • Public buildings • Businesses used by the public • Indoor restaurants, cafes, coffee shops, and bars • Common areas of multi-family residences • 20 feet from all entryways of public buildings and businesses 17 Enforcement Data & Penalties • Criminal misdemeanor – fines up to $1,000 • Enforcement done by Code Compliance • Overall compliance is successful • Since 2003: – Approx. 350 complaints – 7 citations – Voluntary compliance in most cases 18 Options to Expand Ordinance • Outdoor dining areas and bar patios • 20 feet from outdoor dining areas and bar patios • Public transit facilities • 20 feet from bus stop shelters and benches • MAX platforms 19 Education and Enforcement • Enhanced education efforts – In person visits – Information to general public – Educational campaigns at transit stations and on busses – Provide improved signage to restaurants/bars – Add new signs at transit facilities • Enforcement Assistance from Police • Transit Security 20 Additional Options • Include Electronic cigarettes • Designate 100% smoke-free indoor motels/hotels • Eliminate sampling at tobacco retail stores • Designate smoke-free high-use pedestrian areas • Designate smoke-free City parks and trails • Designate smoke-free public events and festivals 21 Direction Sought 1. Does Council wish to move forward with any of the options to expand the Fort Collins Smoking Ordinance? 2. Are there areas of concern that staff has not addressed or is additional outreach needed? 3. Is this item ready for formal Council consideration? If so, what timeline would Council prefer?