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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2015 - SECOND READING OF ORDINANCE NO. 015, 2015, AMENDINAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Delynn Coldiron, Interim Neighborhood Services Manager Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT Second Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 6-1 (Nays: Weitkunat) expands the City's Smoking Ordinance to include a complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (PDF) 2. Powerpoint presentation (PDF) 3. Ordinance No. 015, 2015 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 3, 2015 City Council STAFF Delynn Coldiron, Interim Neighborhood Services Manager Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT First Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. EXECUTIVE SUMMARY The purpose of this item is to request expansions to the City's Smoking Ordinance to include a complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events. This item provides background information, community feedback and survey results, and information about actions taken in other communities. Outreach conducted included the Downtown Development Authority, downtown businesses, and various City boards and commissions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins is known as a healthy community. Creating smoke-free areas generally results in a reduction of tobacco use and improved community health. The City of Fort Collins has received many honors and awards, including awards related to being a healthy community. In 2013, Fort Collins was named the 4th Healthiest Mid-Size City in the U.S. by the Gallup-Healthways Survey. Tobacco rates are considered when overall health ratings of a community are determined, and healthy community designations provide economic appeal and community attractiveness. Larimer County research indicates that 245 municipalities have some sort of outdoor/sidewalk type restriction on smoking. Secondhand smoke exposure is proven to be harmful at any level, including in outdoor areas that are next to buildings or have a high density of tobacco users. As a result, many cities have taken steps to protect their residents, especially children or those with chronic diseases, from the dangers of secondhand smoke exposure by creating smoke-free zones, especially in high-use outdoor areas such as playgrounds, parks, trails, downtowns, or at public events. In areas where people gather for recreation or a healthy activity, breathing tobacco smoke can be an unexpected nuisance. A 2013 Colorado Tobacco Attitudes and Behavior survey found that more than half (56%) of persons surveyed reported “putting up with someone smoking around them”, with the biggest annoyance experienced in public parks. Tobacco butts are toxic and can be poisonous to small children or animals if consumed. Smoke-free areas often reduce the amount of litter that is present, improving the appearance of local parks and reducing clean up time and costs. ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 Outreach activities since the November 25, 2014 council work session have included additional research of 35 other communities to determine the extent of issues created by completely banning smoking within certain areas such as a downtown, to explore mitigation methods implemented to resolve issues, and to capture information on whether there were periods of time, such as in the late evenings, when the ban was lifted or whether designated smoking areas were provided. The information varied significantly across the communities that we researched depending on the types of smoking bans, if any, they had implemented. The following is a summary of what staff learned:  6 communities had indoor restrictions only  10 additional communities had indoor restrictions plus a designated distance from doors ranging from 10 feet to 25 feet. One had a 50-foot restriction from restaurants and parks. Another had a 1,000-foot restriction from schools and parks  19 communities had restrictions that included downtown areas, parks, city facilities, or a combination of these o 2 communities had a portion of public streets banned full-time, similar to what is done at Pearl Street mall in Boulder. There were also a couple of examples where a portion of the public street was banned when there were special events o No communities had time periods where they lifted restrictions o Many communities did not regulate smoking on patios but a few had some restrictions o 6 communities restrict smoking on public golf courses o 5 communities allow designated smoking areas for special events o 7 communities either did not restrict or allowed designated areas of smoking at city facilities and grounds; 3 others did not restrict smoking after a certain distance (20’, 25’, and 80’) o Most of the communities relied on self-regulation/voluntary compliance More detailed information on the 19 communities referenced above is attached (Attachment 2). Additionally, City employees were surveyed to collect feedback on how a smoking ban on all City-owned or operated facilities and grounds would impact them. There were 450 responses received. The information showed that 62% of employees were in favor of such a ban. It also showed that 67% of employees were in favor of designated smoking areas (Attachment 3). Lastly, a second informal on-line survey was launched to collect additional community feedback specifically related to the four expansion areas discussed at the November 25, 2014 work session and to gauge the community’s level of interest in providing designated smoking areas for each option. There were approximately 2,300 responses received (Attachment 4). Specifics on the results for each area follow: 1. Old Town/Downtown The recent citizen survey (Attachment 4) indicates that 60% of the participants are in favor of applying smoking restrictions to an expanded Downtown area. The survey also indicates that 63% of the participants are supportive of having designated smoking areas provided. After reviewing this and previous survey results, considering the information gained from the additional public outreach, and learning from other communities, staff recommends a complete smoking ban within the expanded Downtown Smoke-Free Zone (Attachment 5). Staff recommends implementing the smoking expansion on January 1, 2016 in conjunction with the completion of the Old Town renovations. The renovations are anticipated to be completed by the end of 2015. This will give us time to incorporate appropriate signage and to provide education on the new requirements. Voluntary compliance is the primary tool recommended for compliance rather than an enforcement strategy. Data from other jurisdictions show that people generally voluntarily comply when informed of the regulation. Staff believes resources and effort should be put into additional educational outreach so that people are aware Agenda Item 12 Item # 12 Page 3 of the smoke-free area. Just like in other communities, there will be times when this is a lower priority and may not be enforced. Prior to the scheduled Council meeting on February 3, 2015, staff plans to personally survey the downtown businesses on both sides of the perimeter streets that designate the Downtown Smoke-Free Zone. We will provide the collected data as soon as it is available. 2. Natural Areas, Parks, and Trails The recent citizen survey (Attachment 4) indicates that 59% of the participants support new regulations that would prohibit smoking in Natural Areas. It also showed that a majority of participants did not want any designated smoking areas provided. After reviewing this and previous survey results and learning from other communities, staff recommends a complete smoking ban for all City parks, trails, and Natural Areas, including golf courses. Staff recommends implementing this on September 1, 2015, giving ample time for installation of signage and providing education on the new requirements. Enforcement would be conducted primarily by the Natural Area Rangers and Park Rangers with the primary tool for compliance expected to be voluntary. 3. City-owned or Operated Public Property Including Recreational and Cultural Facilities The recent employee survey (Attachment 3) indicates that 62% of employees support a smoking ban on all City-owned or operated facilities and related grounds. It also showed that 67% of employees were in favor of having designated smoking areas. The recent citizen survey (Attachment 4) indicates that 61% of respondents support new regulations that would prohibit smoking at City-owned or operated facilities and related grounds. Just as in the employee survey, it also showed that there was strong support for designated smoking areas with 60% of participants responding in favor of this. Based on Council’s feedback at the work session, community feedback regarding parks, feedback received at recreational facilities, and input received from the employee and informal on-line surveys, staff recommends a complete smoking ban for City-owned or operated public facilities including recreational and cultural facilities and grounds (e.g., EPIC, Northside, Senior Center, City Hall, Lincoln Center, Museum of Discovery, etc.) and golf courses. Staff recommends implementing this by September 1, 2015, again giving ample time for installation of signage, additional outreach, and education on the new requirements. Enforcement would be conducted by City staff with the primary tool for compliance expected to be voluntary. 4. Special Events The recent citizen survey (Attachment 4) indicates that 61% of participants support new regulations that would prohibit smoking at City-approved special events. It also showed that 61% of participants were in support of having designated smoking areas. After review of this and previous survey results, input from event promoters, and learning from other communities, staff recommends a complete smoking ban for all City-approved special events. Staff recommends implementing this on January 1, 2016 since all events for 2015 are already approved. Staff will educate event promoters as part of the 2016 event application process. Even promoters will encourage voluntary compliance, and the City will provide incentives for compliance. Agenda Item 12 Item # 12 Page 4 Ordinance Recap This ordinance includes the following additional smoking restrictions:  Complete smoking ban within the Downtown Smoke-Free Zone  Complete smoking ban at all City Natural Areas, Parks, and Trails  Complete smoking ban at all City-owned and operated facilities and their related grounds, including golf courses  Complete smoking ban at all City-approved special events Based on our research, it is evident that communities vary greatly in both the areas covered within their smoking restrictions and on the related specifics such as whether designated smoking areas are provided. Staff could not find any emergent best practices with regard to creating smoke-free areas. Based on this, as well as the City’s strategic goal of promoting the health and wellness of our community, staff is proposing a complete smoking ban in all areas covered by this item. CITY FINANCIAL IMPACTS There will be an economic impact associated with this item. Expenses will be incurred to create and install signs and banners, as well as for all activities associated with a comprehensive and ongoing education and outreach campaign. The Larimer County Health Department has offered to assist in this effort. They anticipate providing approximately $2,500 towards the cost of signage and between $3,000 and $5,000 for advertising and similar media expenses to help defray costs. Staff is currently working with other City departments to determine sign locations and quantities, as well as getting estimates for various items related to outreach and education efforts such as advertising, printing, merchandise, etc. Staff will provide this information as soon as it is available if needed. BOARD / COMMISSION RECOMMENDATION Air Quality Board - recommended approval of expansion options Golf Board - provided a letter requesting no ban for City golf courses Land Conservation and Stewardship Board - recommended expanding the Smoking Ordinance to include Natural Areas and Trails. Additionally, all boards had opportunity to provide feedback as part of the most recent general survey. There were 20 respondents representing seven of the City’s boards PUBLIC OUTREACH Public outreach for this item has included:  FC Smoking Survey - March 2014  City Council Work Session - April 8, 2014  Smoke-Free Public Events Surveys - May, June, and August 2014  Outreach to larger event sponsors - Summer 2014  City Council Meeting - July 1, 2014  Business Smoking Ordinance Survey - September 2014  Presentation to Downtown Development Association - September 2014  Downtown Patrons Survey - October 2014  Council Work Session - November 25, 2014  Employee Survey - December 14, 2014  Public Survey #2 - January 2015  Social Media - Facebook, Nextdoor, and Twitter Agenda Item 12 Item # 12 Page 5 ATTACHMENTS 1. Agenda Item Summary, November 25, 2014 Work Session (with attachments) (PDF) 2. Community Research (PDF) 3. City Employee Survey (PDF) 4. Citizen Survey #2 (PDF) 5. Proposed Downtown Smoke-Free Area Map (PDF) 6. Air Quality Board Recommendation, September 16, 2013 (PDF) 7. Citizen Comments received through Facebook (PDF) 8. Citizen Comments received through Nextdoor, January 2015 (PDF) 9. Citizen Comments received through Twitter (PDF) 10. Land Conservation and Stewardship Board minutes, September 10, 2014 (PDF) 11. Work Session Summary, November 25, 2014 (PDF) 12. Powerpoint presentation (PDF) 1 Smoking Ordinance Expansion Options City Council Meeting – 2nd Reading February 17, 2014 Laurie Kadrich, Community Develop. & Neighborhood Services Director Delynn Coldiron, Interim Neighborhood Services Manager Smoking Ordinance Expansion Options ATTACHMENT 2 2 Voluntary Compliance • Ordinance is designed to be self-enforcing – Education/Outreach – Sufficient signage – Non-smoker Encouragement • Enforcement provisions are necessary – Increase effectiveness of self-enforcement – Last resort Smoking Ordinance Expansion Options - 1 - ORDINANCE NO. 015, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SMOKING IN PUBLIC AREAS WHEREAS, Chapter 12, Article III of the City Code currently prohibits smoking in enclosed public places and certain outdoor public places; and WHEREAS, the City Council has previously found and determined that there is no safe level of exposure to secondhand smoke; and WHEREAS, the concern over the health impacts of secondhand smoke continues to rise among the citizens of Fort Collins; and WHEREAS, there is a need in the City to create more smoke-free zones to reduce public exposure to secondhand smoke and its related impacts; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the residents of the City that Article III of Chapter 12 of the Code of the City of Fort Collins be amended to include the creation of smoke-free areas (1) in Downtown Fort Collins, (2) in all City-owned facilities, including open spaces and parks, and (3) at all special events. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City hereby finds that: A. Secondhand smoke exposure is harmful at any level, and is especially problematic in areas next to buildings or areas in which the density of people is high. B. Creating smoke-free areas generally results in a reduction of tobacco use and improved community health. C. Fort Collins is known as, and has received many honors and awards for being, a healthy community. Tobacco rates are considered when overall health ratings of a community are determined, and healthy community designations provide economic appeal and community attractiveness. D. Tobacco butts are toxic and can be poisonous to small children or animals if consumed. Smoke-free areas reduce the amount of litter, improve the appearance of the Community, and reduce clean up time and costs. E. Smoking in natural areas can present a public safety hazard because of increased risk of wildfires resulting from the use of lighted smoking paraphernalia and can seriously impact non-irrigated, minimally landscaped areas sensitive to habitat- changing fires. - 2 - F. Breathing tobacco smoke is generally an undesirable nuisance in areas where people gather for recreation or healthy activities. G. The physical constrains in the Downtown area combined with smoke-free perimeters and smoking on sidewalks causes congestion that interferes with pedestrian traffic and enjoyment of the Downtown area by the general public. H. Providing smoke-free areas for citizens and visitors promotes health and wellness within the Community and enhances quality of life. Section 2. That Section 12-56 of the Code of the City of Fort Collins is hereby amended to add new definitions to read as follows: City-owned property shall mean any real property open to the public that is City owned and City maintained or leased from another and maintained by the City, including properties designated by the City as a park, trail, open space, or natural area, and all sidewalks abutting, or separated only by a parkway from, any of the foregoing. For purposes of this definition, City-owned property shall not include public streets. . . . Downtown Smoke-Free Zone shall mean within the area bounded by the center of Mason Street from the center of Maple Street to the center of Olive Street; the center of Olive Street from the center of Mason Street to the center of Remington Street; the center of Remington Street from the center of Olive Street to the center of Oak Street; the center of Oak Street from the center of Remington Street to the center of Mathews Street; the center of Mathews Street from the center of Remington Street to the center of Mountain Avenue; the center of Mountain Avenue from the center of Mathews Street to the center of Jefferson Street; the center of Jefferson Street from the center of Mountain Avenue to the center of Maple Street; the center of Maple Street from the center of Jefferson Street to the center of Mason Street. For purposes of this definition, the center of any given street shall be deemed to be the midpoint between the outer boundaries of such street. For streets running north to south or approximately north to south, the center runs north to south or approximately north to south, respectively; for streets running east to west, the center runs east to west or approximately east to west, respectively; the center of Jefferson Street runs approximately southeast to northwest. A map showing the approximate area of the Downtown Smoke-Free Zone dated February 27, 2015, is on file in the office of the City Clerk. . . . Special event shall mean a parade, athletic contest, street fair, art and craft show, carnival, block party, soap box derby, or other outdoor event which is not a demonstration as defined in Sec. 23.5-2, that occurs on a street or highway, including sidewalks, or on a publicly owned outdoor mall or plaza, or on other property owned or leased by the City, which event does not comply with traffic laws and controls or which may, in the judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the property, obstruct, delay or interfere with the - 3 - normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the public or participants in the event or other persons, to which a special events permit has been issued pursuant to Chapter 23.5. Section 3. That a new Section 12-58.5 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 12-58.5 Smoking prohibited on City-owned property Smoking shall be prohibited on all City-owned property. Section 4. That a new Section 12-59.5 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 12-59.5 Smoking prohibited in the Downtown Smoke-Free Zone. Smoking shall be prohibited in the Downtown Smoke-Free Zone. Unless otherwise prohibited by City Code, this section shall not apply to any persons lawfully smoking in a privately owned residence or entirely within an enclosed privately owned motor vehicle. Section 5. That a new Section 12-60.5 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 12-60.5 Smoking prohibited at special events. Smoking shall be prohibited at all special events. Section 6. That the amendments made by Section 3 of this Ordinance shall not take effect until 12:01 am, September 1, 2015. Section7. That the amendments made by Sections 4 and 5 of this Ordinance shall not take effect until 12:01 am, January 1, 2016. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 4 - Passed and adopted on final reading on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk