HomeMy WebLinkAbout2012-09-25; City Council; 21013; Prohibit Smoking Unenclosed Dining Areas MCA 12-01CITY OF CARLSBAD - AGENDA BILL 8
AMENDMENT TO TITLE 6, CHAPTER 6.14
OF THE CARLSBAD MUNICIPAL CODE TO
PROHIBIT SMOKING IN UNENCLOSED
DINING AREAS MCA 12-01
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce Ordinance No. CS-188 amending Title 6 (Health and Sanitation), Chapter 6.14 of the
Carisbad Municipal Code to prohibit smoking in unenclosed dining areas and bring Carisbad's smoking
prohibition ordinance into compliance with state law.
ITEM EXPLANATION:
State law. Health and Safety Code sections 6404.5 et seq., expresses an intent to regulate smoking in
the workplace as a matter of statewide concern, and eliminates the need for local jurisdictions to enact
workplace smoking restrictions. State law prohibits employers from permitting smoking in an enclosed
space in a place of employment, and also provides that any area not defined as a "place of employment"
shall be subject to local regulations, if any. The current Chapter 6.14 of the Carlsbad Municipal Code,
regarding Prohibition of Smoking in Certain Public Areas was enacted in 1983, prior to the 1988 State
enactment of the prohibition of smoking in the workplace.
Vista Community Clinic representatives recently requested that the city consider adopting an ordinance
to prohibit smoking in outdoor dining areas in Carisbad. They provided the city with informational
materials including the results of a survey (Good Eats Smoke-Free Healthy Outdoor Dining) attached,
which was conducted in Carisbad in 2011 through Vista Community Clinic's Tobacco Control Program.
According to a report summarizing the survey results, 581 Carisbad residents and visitors participated in
the survey; 94% of the respondents prefer to eat on patios where smoking is not allowed and 87% think
cities should have laws that prohibit smoking on outdoor dining patios. The materials submitted also
include data on health risks of secondhand smoke exposure. As a result of this request, staff is
presenting this report to City Council for its consideration, along with a proposed ordinance amendment
to prohibit smoking in outdoor dining areas. In addition to prohibiting smoking in outdoor dining areas,
the ordinance amendment brings Carisbad's smoking prohibition ordinance into compliance with current
state law.
Staff contacted other local municipalities (Chula Vista, Del Mar, El Cajon, Encinitas, National City, and
Soiana Beach) to determine what policies and ordinances, if any, they had in place with regards to
prohibiting smoking in outdoor dining areas. All of the cities surveyed currently have ordinances in place
that prohibit smoking in outdoor dining areas. The proposed Carisbad ordinance is modeled after similar
ordinances in other municipalities.
DEPARTMENT CONTACT: Michele Masterson 760-602-4615 michele.masterson@carisbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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The Community & Economic Development Department conducted an outreach to potentially affected
businesses and smoke-free advocates in a post card direct mailing informing them of the proposed
amendment. In addition, interested members of the public were encouraged to review and comment on
the draft amendment which was available on the city website. As of September 12, 2012, only one
comment letter was received via email, which supported the proposed amendment.
Adoption will permit the City to promote a healthy and pleasant environment for Carisbad's residents and
visitors.
FISCAL IMPACT:
There would no fiscal impact of implementing a ban on smoking in outdoor dining areas, as an emphasis
would be placed on voluntary compliance, similar to other local municipalities.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Ordinance No. CS-188 amending Title 6, Chapter 6.14 of the Carlsbad Municipal Code
2. Carlsbad Municipal Code, Chapter 6.14 strikethrough-underiine version
3. 2011 Outdoor Dining" Survey Results Report
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EXHIBIT 1
ORDINANCE NO. CS-188
AN ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 6,
CHAPTER 6.14 OF THE CARLSBAD MUNICIPAL CODE TO
PROHIBIT SMOKING IN UNENCLOSED DINING AREAS.
CASE NAME: SMOKE-FREE OUTDOOR DINING ORDINANCE
CASE NO.: MCA 12-01
The City Council of the City of Carisbad finds as follows:
SECTION I. FINDINGS.
WHEREAS, tobacco use causes death and disease and continues to be an
urgent public health challenge, as evidenced by the following:
• Tobacco-related illness is the leading cause of preventable death in the
United States,^ accounting for about 443,000 deaths each year;^ and
WHEREAS, secondhand smoke has been repeatedly identified as a health
hazard, as evidenced by the following:
• The U.S. Surgeon General concluded that there is no risk-free level of
exposure to secondhand smoke;^ and
• The California Air Resources Board placed secondhand smoke in the same
category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic
air contaminant for which there is no safe level of exposure;"^ and
• The California Environmental Protection Agency included secondhand
smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer,
birth defects, and other reproductive harm;^ and
WHEREAS, exposure to secondhand smoke causes death and disease, as
evidenced by the following:
• Secondhand smoke is responsible for as many as 3,000 deaths from lung
cancer and 46,000 deaths from heart disease among nonsmokers each year in the United
States;® and
• Exposure to secondhand smoke increases the risk of coronary heart
disease by approximately thirty percent;^ and
• Secondhand smoke exposure causes lower respiratory tract infections,
such as pneumonia and bronchitis in as many as 300,000 children in the United States under
the age of 18 months each year;® and exacerbates childhood asthma;® and
' us Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: The Nation's Leading Killer. 2011,
p. 2. Available at: www.cdc.gov/chronicdisease/resources/publications/aag/pdf/201 lAobacco AAG 2011 508.pdf
^ US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
Killer. 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/publications/aag/pdiy2011/Tobacco AAG 2011 508.pdf.
' US Department of Health and Human Services, Office of the Surgeon General. How Tobacco Smoke Causes Disease: The Biology and
Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. 2010, p. 9. Report highlights available at:
www.surgeongeneral.gov/librarv/tobaccosmoke/factsheet.html.
* Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca.gov/regact/et.s2006/res0601.pdl': see also Califomia
Environmental Protection Agency, Air Resources Board. News Release, California Identifies Secondhand Smoke as a "Toxic Air
Contaminant. " Jan. 26,2006. Available at: \vvvvv.arb.ca.gov/newsrel/nr012606.htm-
' Califomia Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause
Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.gov/prop65/prop65 Iisiynies/P65singlc081106.pdf
* US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
Killer. 2011, p. 2. Available at: vyww.cdc.gov/chronicdisease/resources/publications/aag/pdt7201 lAlobacco AAG 2011 508.pdf.
^Bamoya J and Glantz S. "Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking." Circulation, 111: 2684-2698,2005.
Available at: wwvv.circ.ahajoumals.org/cgi/content/fuU/l 11/20/2684.
* US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
Killer. 2011, p. 2. Available at: vyww.cdc.gov/chronicdisease/resources/publications/aag/pdiy20l 1/Tobacco AAG 2011 508.pdf
1 WHEREAS, exposure to secondhand smoke anywhere has negative health
impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as
2 evidenced by the following:
• Levels of secondhand smoke exposure outdoors can reach levels attained
3 indoors depending on direction and amount of wind and number and proximity of smokers;^°
and 4 WHEREAS, the U.S. Food and Drug Administration conducted laboratory
5 analysis of electronic cigarette samples and found they contained carcinogens and toxic
chemicals to which users and bystanders could potentially be exposed;^^ and
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WHEREAS, creating smoke-free areas helps protect the health of the 86.9% of
7 Californians who are nonsmokers;^^ and
8 WHEREAS, there is no Constitutional right to smoke;^^and
9 WHEREAS, it is the intent of the City Council, in enacting this ordinance, to
provide for the public health, safety, and welfare by discouraging the inherently dangerous
10 behavior of smoking around non-tobacco users, especially children; by protecting the public
from exposure to secondhand smoke; by reducing the potential for children to wrongly associate
11 smoking with a healthy lifestyle; and by affirming and promoting a healthy environment in the
City
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' US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
23 Killer. 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/publications/aag/pdty20l 1/Tobacco AAG 2011 508.pdf
'° Klepeis NE, Ott WR, and Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San
24 Francisco- University of Califomia, San Francisco and Stanford University, 2004, p. 80, 87. Available at:
http://exposurescience.org/pub/reports/Outdoor ETS Final.pdf: see also Klepeis NE, Ott WR and Switzer P. "Real-Time Measurement of
Outdoor Tobacco Smoke Particles." Journal of the Air & Waste Management Association, 57: 522-534,2007. Available at:
25 www.ashaust.org.au/pdts/QutdoorSHS0705.pdf
" US Food and Dmg Administration. News Release, FDA and Public Health Experts Warn About Electronic Cigarettes. July 22,2009. Available
25 at: www.fda.gov/NewsEvents/Newsrooni/PressAnnouncements/ucml 73122Jitm.
Califomia Department of Public Health, News Release, State's Latest Tobacco Ads Debut. December 20, 2010. Available at:
vvww.cdph.ca.gov/Pages/NR10-099.aspx.
" Public Health Law & Policy, Technical Assistance Legal Center. There Is No Constitutional Right to Smoke. 2005. Available at
www phlpnet.org/tobacco-control/products/thcre-no-constitutional-right-smoke.
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1 NOW THEREFORE the City Council does ordain as follows:
2 SECTION II. Chapter6.14 of the Carisbad Municipal Code is hereby amended to read as
follows:
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Chapter 6.14 - PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS
Sections:
6.14.010- Purpose
6.14.020 - Definitions
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g 6.14.030-Prohibition
9 6.14.040 - Reasonable Smoking Distance Required
10 6.14.050 - Optional Prohibition
11 6.14.060 - Posting of Signs
12 6.14.070 - Other Requirements and Prohibitions
1 ^ 6.14.080 - Penalties and Enforcement
6.14.010-Purpose
Because smoking of tobacco, or any other weed or plant, is a danger to health and a cause of
1 f. material annoyance, inconvenience, discomfort and a health hazard to those who are present in
unenclosed areas as well as confined places, in order to serve public health, safety and welfare,
17 the declared purpose of this article is to prohibit the smoking of tobacco, or any other weed or
plant in unenclosed dining areas.
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6.14.020- Definitions
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(a) "Enclosed Dining Area" as defined in this chapter shall mean an area enclosed by a roof and
20 walls with appropriate openings for ingress and egress
21 (b) "Public Place" as defined in this chapter shall mean any place, publicly or privately owned,
which is open to the general public regardless of any fee or age requirement
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(c) "Reasonable Distance" as defined in this chapter shall mean a distance of twenty (20) feet in
23 any direction from an area in which smoking is prohibited.
(d) "Smoke" or "Smoking" as defined in this chapter shall mean and include the carrying of a
lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or
cigarette of any kind.
(e) "Unenclosed Dining Area" as defined in this chapter shall mean any dining area, which is no
an Enclosed Dining Area, including streets and sidewalks, which is available to or customarily
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used by the general public, an employee, or any invitee, and which is designed, established, or
regularly used for consuming food or drink.
6.14.030 Prohibition
Smoking is prohibited in Unenclosed Dining Areas within the City of Carisbad, except places
4 where smoking is already prohibited by state or federal law, in which case those laws apply.
6.14.040 Reasonable Smoking Distance Required Smoking shall be prohibited within a
Reasonable Distance, as defined in this chapter, from any Unenclosed Dining Area.
6.14.050 - Optional prohibition
Nothing in this chapter prohibits any person, corporation or any other legal entity, or employer,
with legal control over any property from prohibiting smoking on any part of such property, even
9 if smoking is not othenA/ise prohibited in that area by law.
10 6.14.060 - Posting of signs
11 Any person, corporation or any other legal entity, or employer that has legal or de facto control
of an Unenclosed Dining Area in which smoking is prohibited by this chapter shall post a clear,
12 conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to
the area, and in at least one other conspicuous point within the area. The signs shall have
13 letters of no less than one inch in height and shall include the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle
14 with a red bar across it). Notwithstanding this provision, the presence or absence of signs shall
not be a defense to a charge of smoking in violation of any other provision of this chapter.
6.14.070 - Other Requirements and Prohibitions
No ashtrays or smoking disposal receptacles shall be placed in areas where smoking is
1^ prohibited.
6.14.080 Penalties and Enforcement
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(a) Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.08
of this code, or in alternative by the administrative code enforcement remedies of Chapter 1.10
of this code.
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(b) Except as othenfl/ise provided, enforcement of this chapter is at the sole discretion of the
22 persons authorized to enforce this ordinance pursuant to Chapters 1.08 and 1.10 of this Code
Nothing in this chapter shall create a right of action in any person against the City or its agents
23 for damages or to compel public enforcement of this chapter against private parties.
24 SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY.
25 It is the intent of the City Council of the City of Carisbad to supplement applicable state anc
federal law and not to duplicate or contradict such law and this ordinance shall be construed
26 consistently with that intention. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or its application to any person or circumstance, is for any
27 reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carisbad within
fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be
effective until approved by the Califomia Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 25th day of September 2012, and thereafter.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carisbad on the day of 2012, by the following vote, to wit:
3 AYES
4 NOES
5 ABSENT:
6 ABSTAIN:
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8 APPROVED AS TO FORM AND LEGALITY
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10 RONALD R. BALL, City Attorney
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13 MATT HALL, Mayor
ATTEST:
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16 LORRAINE M. WOOD, City Clerk
^'7 (SEAL)
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EXHIBIT 2
1 NOW THEREFORE the City Council does ordain as follows:
2 SECTION II. Chapter 6.14 of the Carisbad Municipal Code is hereby amended to read as
follows;
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Chapter 6.14 - PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS CERTAIN
4 PUBLIC AREAS
^ Sections:
6 6.14.010 - Purpose
6.14.020 - Definitions
6.14.030- Prohibitions
6.14.040 — Reasonable Smoking Distance Required Designation of smoking areas
6.14.050 - Optional Prohibition
6.14.060 - Posting of Signs
6.14.070 — Other Requirements and Prohibitions Exceptions
6.14.080 — Penalties and Enforcement and appeal
6.1 d.000 Violation
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1^ 6.14.010 - Purpose
17 I Because smoking of tobacco, or any other weed or plant, is a positive-danger to health and a
cause of material annoyance, inconvenience, discomfort and a health hazard to those who are
18 I present in unenclosed areas as well as confined places, afl^in order to serve public health,
safety and welfare, the declared purpose of this article is to prohibit the smoking of tobacco, or
19 any other weed or plant in unenclosed dining areas, public placoo and placoo of employment,
oxcopt in designated smoking areas.
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21 6.14.020-Definitions
(a) "Smoke" or "smoking" as defined in this chapter shall moan and include the carrying of a
lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or
cigarette of any kind.
(b) "Public place" shall mean any enclosed area to which tho public is invited or in which the
public is permitted, including but not limited to, retail stores, retail service establishments, retai
food production arid marketing establishments, restaurants, theaters, waiting rooms, reception
areas, educational facilities, health facilities and public transportation facilities.—A private
residence is not a public place.
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(c) "Place of employment" shall mean any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment, including, but
not limited to work areas, employee lounges, conference rooms, and employee cafeterias. A
private residence ic not a place of employment-
fa) "Enclosed Dining Area" as defined in this chapter shall mean an area enclosed bv a roof and
walls with appropriate openings for ingress and egress,
rb) "Public Place" as defined in this chapter shall mean anv place, publidv or privately owned,
which is open to the general public reqardless of anv fee or age requirement.
(c) "Reasonable Distance" as defined in this chapter shall mean a distance of twenty (20) feet in
any direction from an area in which smoking is prohibited.
(d) "Smoke" or "Smoking" as defined in this chapter shall mean and include the carrying of a
iohted Pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or
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cigarette of any kind.
(e) "Unenclosed Dining Area" as defined in this chapter shall mean any dining area, which is not
an Enclosed Dining Area, including streets and sidewalks, which is available to or customarily
used bv the general public, an employee, or any invitee, and which is designed, established, or
regulariy used for consuming food or drink.
6.14.030- Prohibitions
Smoking is prohibited in Unenclosed Dining Areas within the Citv of Carisbad, except places
where smoking is already prohibited bv state or federal law, in which case those laws apply-
No person shall smoke in a public place or place of employment, except in designated smoking
areas-
6.14.040 - Reasonable Smoking Distance Reguired Designation of smoking
Smoking shall be prohibited within a Reasonable Distance, as defined in this chapter from any
Unenclosed Dining Area-
Smoking areas may be designated in public places and places of employment by proprietors or
other persons in charge except in retail stores, retail service establishments, food markets
public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, restrooms
elevators, pharmacies, libraries, museums or galleries which are open to the public or any other
place where smoking is prohibited by law, ordinance or regulation. Whore smoking areas are
designated, existing physical barriers and ventilation systems shall be used to minimize the
toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers te
provide smoke free areas for nonsmokers to the maximum extent possible within existing
facilities. Restaurants covered by the provisions of this article shall designate an adequate
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amount of seating capacity to sufficiently meet the demands and shall inform all patrons that a
no smoking section is provided.
26 6.14.050 - Optional prohibition
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Nothing in this chapter prohibits anv person, corporation or any other legal entity, or employer
with legal control over anv property from prohibiting smoking on any part of such property, even
if smoking is not othenA/ise prohibited in that area by law.
All managers and owners of any establishments serving or doing business with tho public may
at their discretion post "No Smoking" signs within various areas of their businesses and utilize
tho full right of the provisions of this chapter. No public place other than the ones enumerated in
Section 6.14.070 shall be designated as a smoking area in its entirety.
6.14.060 - Posting of signs
Anv person, corporation or any other legal entity, or employer that has legal or de facto control
of an Unenclosed Dining Area in which smoking is prohibited by this chapter shall post a clear
conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to
the area, and in at least one other conspicuous point within the area. The signs shall have
ietters of no less than one inch in height and shall include the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it). Notwithstanding this provision, the presence or absence of signs shall
not be a defense to a charge of smoking in violation of any other provision of this chapter-
Signs which designate smoking or no smoking areas established by this chapter shall be
cleariy, sufficiently, and conspicuously posted in every room, building, or other place so covered
by this chapter. No-smoking signs shall be specifically placed in retail food production and
marketing establishments, including grocery stores and supermarkets open to the public, so
they are clearly visible to persons upon entering the store, cleariy visible te persons in checkout
lines, and cleariy visible te persons at meat and produce counters. The manner of such posting
noluding tho wording, size, color, design, and place of posting whether on the walls, doors
tables, counters, stands or elsewhere shall be at tho discretion of the owner, operator, manager
or other person having control of such room, building or other place so long as clarity,
sufficiency, and conspicuousness are apparent in communicating the intent of this chapter.
6.14-070 — Other Reguirements and Prohibitions
Exceptions
No ashtrays or smoking disposal receptacles shall be placed in areas where smoking is
prohibited.
(a) Individual private offices, hotel and motel meeting and assembly rooms rented to guests
areas and rooms while in use for private social functions, private hospital rooms, psychiatric
facilities, jails, bars, and stores that deal exclusively in tobacco products and accessories.
(b) Restaurants or eating establishments with a seating capacity of less than twenty persons
Those with a seating capacity of less than twenty shall have tho option of designating a no
smoking section or allowing or prohibiting smoking throughout the establishment.
(c) Any owner or manager of a business or other establishment subject to this chapter may
apply to the city manager for an exemption or modification of the provisions of this chapter due
to unique or unusual circumstances or conditions.
6.14.080 - Penalties and Enforcement and appeal
1 (a) Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.08
of this code, or in alternative by the administrative code enforcement remedies of Chapter 1.10
2 of this code.
3 (b) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the
persons authorized to enforce this ordinance pursuant to Chapters 1.08 and 1.10 of this Code
4 Nothing in this chapter shall create a right of action in any person against the City or its agents
for damages or to compel public enforcement of this chapter against private parties.
SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY.
It is the intent of the Citv Council of the City of Carisbad to supplement applicable state and
federal law and not to duplicate or contradict such law and this ordinance shall be construed
consistently with that intention. If any section, subsection, subdivision, paragraph, sentence.
clause or phrase of this ordinance, or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
^ validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs.
10 sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council of the City of Carisbad hereby declares that it would have
adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof
independently, irrespective of the fact that any one or more other sections, subsections.
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subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
(a) The city manager shall be responsible for compliance with this chapter when facilities which
are owned, operated or leased by the city of Carisbad are involved.
(b) The owner, operator or manager of any facility, business or agency within the purview of this
chapter shall comply herewith. Such owner, operator or manager shall post or cause to be
posted all "No Smoking" signs required by this chapter. Such owner, operator or manager shall
not allow service to any person who violates this chapter by smoking in a posted "No Smoking"
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(o) It shall be the responsibility of employers to disseminate information concerning the
provisions of this chapter to employees.
(d)The provisions of this ordinance pertaining to places of employment shall apply only to places
of employment of the city of Carisbad until July 1. 198^.
6-14.090 Violation
Any person, corporation, or association who violates any of the provisions of this chapter is
guilty of an infraction except for tho fourth or each additional violation of a provision within a
year which is a misdemeanor. Penalties for violation of this chapter shall be as designated in
Chapter 1.08 of this cede-
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carisbad within
4 fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be
5 effective until approved by the California Coastal Commission.)
6 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
7 Council on the day of 2012, and thereafter.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carisbad on the day of 2012, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
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8 APPROVED AS TO FORM AND LEGALITY
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10 RONALD R. BALL, City Attorney
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MATT HALL, Mayor
ATTEST:
16 LORRAINE M. WOOD, City Clerk
17 (SEAL)
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EXHIBIT 3
Healthy Outdoor Dining
Vista Community Clinic - Funded by Prop 99
2011 Outdoor Dining Survey
Results from the City of Carlsbad
Vista Community Clinic Tobacco Control Program: Smoke Free North County Project
For more information contact: Gena Knutson (760) 631-5000 x 7165
Report prepared by Marianne Brown, MPH, 11/18/2011
This material was made possible by funds receiyed from the California Department of Public Health
Background
On 31 separate dates during February - October 2011, project staff visited 19 different locales
throughout the City of Carlsbad to collect survey data from Carlsbad residents and visitors. The
half-page survey included 11 items on outdoor dining frequency, exposure to secondhand
smoke, support for smoke free outdoor dining laws, and participant demographics. A total of
581 people completed the survey. Survey data was entered into an Excel spreadsheet and
exported to SPSS for analysis and summary by the County of San Diego Tobacco Control
Resource Progrann's Evaluation Consultant.
Survey Location N %
Carlsbad State Beach 121 21%
Carlsbad Farmers' Market 104 18%
Carlsbad Forum 93 16%
Carlsbad Outlet Stores 67 12%
Carlsbad Hyatt Health Fair 58 10%
Carlsbad Village 43 7%
other Carlsbad locales 95 16%
Total 581 100%
Participant Demographics
About 3 in 4 (76%) survey respondents lived in the City of Carlsbad. More than half (62%) of
respondents were female; however, people of all ages participated in the survey. Fewer than 1
in 10 (9%) had smoked a cigarette in the past 30 days. This smoking rate was below the state
average of about 12%.
Residence of Survey Participants
Gender of Survey Participants
Female
62%
Male
38%
Survey Particpants by Age Group
M
H
m
18-24 25-34 35-44 45-54 55-64 65+
Survey Results
a. Outdoor Dining Frequency
Those surveyed reported a mix of outdoor dining habits; about half went out to eat where
they could sit outside often, while about the same number dined outside occasionally.
Frequency of Patio Dining
ocassiona
43%
b. Beliefs about Secondhand Smoke
Using a scale of 1 - 4 (l=strongly disagree and 4=strongly agree), survey participants were
asked their opinion about the hazards of secondhand smoke - 96% agreed that breathing
secondhand smoke was bad for their health, even when outside, including 86% of
smokers. Non-smokers (mean=3.7) felt even stronger about the dangers of secondhand
smoke than did smokers (mean=3.1) (F=47.7, p=.000).
c. Outdoor Dining Preferences
When eating outside, 94% of those surveyed preferred to eat on patios where smoking
was not allowed. Non-smokers were almost unanimous (97%) in their desire for smoke
free outdoor dining; 2 in 3 (66%) smokers also indicated this preference {'?^=16.6, p=.000).
When asked if they had been bothered by cigarette smoke when eating outside, 84% of
survey participants responded YES. More non-smokers (87%) reported being bothered by
drifting smoke then smokers (42%) (;t^=67.9, p=.000).
More than 2 in 3 (68%) reported that if outdoor eating areas were smoke free, they would
ask to eat outside more often, including 72% of non-smokers. If patios were smoke free,
smokers indicated that they would dine outside with the same frequency (66%) or more
often (28%). Just 6% of smokers indicated they would eat outside less often (^1^=41.0,
p=.000).
d. Reactions to Other Diners' Cigarette Smoke
The survey contained five options for responding if "someone lit a cigarette near you
when you were eating outside." Two in three (65%) diners indicated they would actively
respond to the situation by either asking to sit somewhere else, asking the smoker to put
the cigarette out, or asking their server to handle it. The remaining respondents selected a
passive response - either hurrying up and leaving or doing nothing.
Discussion
Vista Community Clinic tobacco control staff did an excellent job of canvassing the City of
Carlsbad to collect Intercept survey data from almost 600 residents and visitors over a 6-month
period. While women yvere somewhat over-represented in the sample, this is typical in public
intercept survey work. People of all ages participated in the survey at 19 different Carlsbad
locales. Thus, the survey results appear to represent the community as a whole.
Overall, there was strong community support for a smoke free outdoor dining law in Carlsbad.
This is likely due to the below average smoking rate among Carlsbad residents and their
awareness of the dangers of secondhand smoke exposure, even when exposed outdoors. This
attitude is not surprising given the high income and education levels in the City of Carlsbad.
Interestingly, Carlsbad visitors expressed the same support for smoke free outdoor dining as
residents. This may be of particular importance to Carlsbad policymakers as the coastal town is
a popular tourist destination. Many of the city's visitors that participated in the survey indicated
they were from other California cities, and may reside in cities with policies designed to reduce
public exposure to secondhand smoke.
While the City of Carlsbad may not be home to very many smokers, those that participated in
the survey also expressed a preference for smoke free outdoor dining. It appears that smokers
and non-smokers alike prefer a no smoking environment when eating. The city's many
restaurants with dining patios may experience an increase in requests to be seated outside, if
the patios are smoke free. More than two-thirds of those surveyed indicated they would eat
outside more often if smoking was not allowed.
Vista Community Clinic tobacco control staff has been conducting observations of Carlsbad
dining patios. Preliminary findings indicate that almost half of the eating establishments have
adopted voluntary smoke free policies. A universal smoke free policy should be relatively easy
to implement in this environment, and the ''level playing field" should reduce confusion and
maximize compliance—patrons would quickly learn that all of Carlsbad offers smoke free
outdoor dining.
Given that more than 10% of those surveyed indicated that they would rather cut their meal
short than confront a smoker, restaurateurs are advised to train wait staff on how to inform
smokers of any new no smoking rules. This way, paying guests aren't tempted to rush out the
door. A smoke free policy should also eliminate requests from those bothered by secondhand
smoke to be moved away from the drifting smoke. In the cases of sidewalk cafes where wait
staff are not typically present, adequate signage will be an important means of communicating
a new no smoking policy to patrons.
Skouldn t ike
BEST Seat in
tke House he
Smoke^Free?
In the State of California:
As of January 2011, 85 municipalities in Califomia
have adopted smoke-free outdoor dining policies.
A survey was conducted in Carlsbad to
assess views about secondhand smoke (SHS) and to
gauge levels of support for reducing exposure to
secondhand smoke. Below are some of the responses
(Vista Community Clinic Tobacco Control Program Oct 2011):
• 96% agreed that breathing secondhand smoke
was bad for their health, even when outside,
including 86% of smokers* I
When eating outside, 94% of those surveyed
preferred to eat on patios where smoking was
not allowed*
87% of respondents agreed that cities should
have laws that prohibit smoking on outdoor
restaurant patios and sidewalk cafes*
A total of 581 people completed the survey
Six cities in San Diego County have passed smoke-free outdoor dining ordinances:
Chula Vista, Del Mar, El Cajon, Encinitas, National City, and Soiana Beach.
76% of Chula Vista businesses with smoke-free outdoor dining would recommend this for other cities
throughout San Diego County. (Listitute for Public Strategies, "Chula Vista survey on smoke free outdoor dining
policies " March 2007).
In the City of Chula Vista where smoke-free outdoor dining went into effect in 2006, 88% of businesses
report that business revenue remained the same and even increased after going smoke-free. (Institute for
Public Strategies, "Chula Vista survey on smoke free outdoor dining policies," March 2007)
Support Smoke-Free Outdoor Dining in Your City!
Healthy Outdoor Dining
Vista Community Clinic - Funded by Prop 99
Secondhand Smoke is Dangerous:
• Scientific evidence indicates that there is no
risk-free level of secondhand smoke
exposure (2006 Surgeon General's Report).
• Exposure of adults to secondhand smoke ha.s
immediate adverse effects on the
cardiovascular system.
• A person sitting near an outdoor smoker
might inhale a breath with 50 times more
toxic material than in the surrounding
unpolluted air (2007 Stanford University study).
Funded by the Tobacco Control Resource Program, County of
San Diego Health and Human Services Agency, through the
California Deoartment of Public Health.
Please contact Gena Knutson
Tobacco Control Program Manager at:
C The . ^ enter forTobacco Policy
^Organizing
r t AMERICAN LUNG ASSOCIATION.
Secondhand Smoke Survey; Outdoor Dining
California Voters' Attitudes About Secondhand Smoke Exposure
Public Opinion Research Survey: November 2008
Background
There is a growing body of scientific evidence that documents the harmful effects of secondhand smoke exposure, Includ-
ing the US Surgeon General's finding that there Is no risk-free level of exposure to secondhand smoke, and the California
Air Resources Board designation of secondhand smoke as a toxic air contaminant. Yet Californians are still exposed to
secondhand smoke in outdoor areas, In multi-unit housing and in Indian casinos. Many cities and counties throughout the
state have passed laws to restrict smoking In outdoor areas such as parks, beaches, farmer's markets and outdoor seat-
ing at bars and restaurants and some cities have passed laws to create nonsmoking sections of apartments In multi-unit
housing. In addition, some California Indian tribes have voluntarily created nonsmoking sections in Indian casinos.
In November 2008, the Center for Tobacco Policy & Organizing commissioned a survey of 600 California voters to assess
their views about secondhand smoke and to gauge their level of support for reducing exposure to secondhand smoke.
Specifically, the survey explored general attitudes about restricting smoking In outdoors areas, in outdoor dining areas, In
multi-unit housing, and In Indian casinos.
This document highlights the Summary of Key Findings for outdoor dining. Additionally, there are three other Summary of
Key Findings that highlight the for multi-unit housing, the results for Indian casinos and the results for the entire second-
hand smoke survey. The survey was conducted by Goodwin Simon Victoria Research. Complete survey results and the
other summary documents are available at wwvv.Center4TobaccoPolicy.org/poiling-shs.
Summary of Key Findings
Secondiiand Smoke Restrictions In Outdoor Dining Areas
California voters know that secondhand smoke Is harmful and are supportive of restricting smoking in outdoor areas of
bars and restaurants:
• 97% believe that secondhand smoke is harmful to those who Inhale It
• 88% believe that secondhand smoke is harmful to those who inhale it in outdoor areas
• 60% have been bothered by secondhand smoke exposure In outdoor dining areas In the past year
• 56% support restricting smoking at outdoor areas of bars and restaurants
More survey results on the next page.
,Center4TobaccoPolicy.or
California voters are receptive to the arguments in support of restricting smoking in outdoor dining. The support for each
statement asked about in this survey is listed below:
• 74% were more likely to support smoking restrictions when they heard that it would protect workers at
restaurants and bars from having to inhale dangerous secondhand smoke
• 72% were more likely to support smoking restrictions when they heard that it would protect diners from having
to inhale dangerous secondhand smoke while dining
• 66% were more likely to support smoking restrictions when they heard that about 40 cities in California plus
the entire state of Hawaii have laws restricting smoking in outdoor dining and the laws have had little or no
negative impact on bars and restaurants
Opposition statements to restricting smoking at outdoor dining were less effective. In fact, opposition arguments were
more likely to have no impact on voters or to make them more likely to support smoking restrictions. The support for each
opposition statement asked about in the survey is listed below:
• 38% were more likely to oppose smoking restrictions when they heard that it would hurt bars and restaurants
and drive away customers, while 61 % said this argument had no effect or made them more likely to support
smoking restrictions
• 36% were more likely to oppose smoking restrictions when they heard that it would be difficult to enforce and
would place an unfair burden on bar and restaurant owners, while 63% said this argument had no effect or
made them more likely to support smoking restrictions
29% were more likely to oppose smoking restrictions when they heard that it would force smokers on to the
sidewalk where the cigarette butts will create a mess, while 71 % said the argument had no effect or made
them more likely to support smoking restrictions
The Center forTobacco Policy & Organizing • American Lung Association of California
1029 J Street, Suite 450 • Sacramento, CA 95814 • Phone: (916) 554.5864 • Fax: (916) 442.8585 • www.Center4TobaccoPolicy.org
This material was made possible by funds received from the Califomia Department of Health Services, under contract # 04-35335.
SMOKE-FREE LAWS ENCOURAGE SMOKERS TO QUIT
AND DISCOURAGE YOUTH FROM STARTING
"The debate is oven The science is clear Secondhand smoke is not a mere
annoyance but a serious health hazard."
- U.S. Surgeon General Richard Carmona
To reduce smoking and protect nonsmokers, many state, county, and municipal governments
have already implemented smoke free laws that prohibit smoking in most indoor public spaces,
and many more are considering new smoke-free laws. At the same time, the cigarette
companies and their allies are vigorously opposing any new smoke free laws and are also trying
to repeal those already in place. While the debates over these laws continue, it is important that
decision makers and the public know that smoke free laws have a strong, documented, positive
impact on helping smokers quit and on preventing children and adolescents from ever starting.
As shown in more detail below, smoke free laws:
• Prompt more smokers to try to quit;
• Increase the number of successful quit attempts;
• Reduce the number of cigarettes that continuing smokers consume; and
• Discourage kids from ever starting to smoke.
Effectiveness of Smoke-Free Laws for Reducing Adult Smoking
• The Surgeon General's 2006 Report on The Health Consequences of Involuntary Exposure
to Tobacco Smoke concluded that, "workplace smoking restrictions lead to less smoking
among covered workers." The report cited numerous studies that found "an association
between workplace smoking policies, particularly more restrictive policies, and decreases in
the number of cigarettes smoked per day, increases in attempts to stop smoking, and
increases in smoking cessation rates.
• The Surgeon General's 2000 Report on Reducing Tobacco Use found that smoke free laws
"have been shown to decrease daily tobacco consumption and to increase smoking
cessation among smokers."^
According to the National Cancer Institute's exhaustive review of the scientific literature
related to population-based cessation programs:
"Multiple workplace observations have demonstrated that instituting a change in workplace
smoking restrictions is accompanied by an increase in cessation attempts and a reduction in
number of cigarettes smoked per day by continuing smokers. Once restrictions on smoking in the
workplace have been successfully implemented, they continue to have effects. Observations ...
demonstrate that being employed in a workplace where smoking is banned is associated with a
reduction in the number of cigarettes smoked per day and an increase in the success rate of
smokers who are attempting to quit."^
A 2005 study in the journal Tobacco Control of the smoke free law in Ireland found that,
"Approximately 46% of Irish smokers reported that the law had made them more likely to
quit. Among Irish smokers who had quit at post-legislation, 80% reported that the law had
helped them quit and 88% reported that the law helped them stay quit."^
A study in the May 2000 issue of the American Journal of Public Health on the impact of
California's clean indoor air laws on cessation efforts found that:
1400 I Street NW - Suite 1200 - Washington, DC 20005
Phone (202) 296-5469 • Fax (202) 296-5427 • www.tobaccofreeklds.ora
Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/2
"Laws with comprehensive restrictions led to more worksites with smoking policies and increased
the likelihood that workers would quit smoking. An estimated 26.4% of smokers who worked in
communities with strong ordinances quit smoking within 6 months of the survey and were still
abstinent at the time of the survey, compared with only 19.1% of those who worked in
communities with no ordinance."
• A study in the July 1999 American Journal of Public Health that examined the impact of
smoke-free laws and policies on smoking in the United States and Australia. Its authors
concluded that:
"All of the 19 studies we reviewed reported either declines in daily cigarette consumption by
continuing smokers or reductions in smoking prevalence after bans on smoking in the workplace
were introduced... Because of the duration of time spent at work, workplaces are probably the
most significant sites where smoking restrictions cause smokers to reduce their tobacco
consumption."^
• A 1999 study published in Tobacco Control found that "Requiring all workplaces to be
smoke free would reduce smoking prevalence by 10%. Workplace bans have their greatest
impact on groups with the highest smoking rates."^ A separate study published in a 2001
issue of Tobacco Control concluded that, "employees in workplaces with smoking bans have
higher rates of smoking cessation than employees where smoking is permitted."®
• A study in the September 1999 issue of American Economic Review found that, "workplace
bans reduce smoking prevalence by 5 percentage points and daily consumption among
smokers by 10 percent."®
• A study in the September 2001 issue of the American Journal of Public Health found that in
Finnish workplaces that instituted smoking bans, "daily smoking prevalence among
employees decreased considerably" and "employees with less education showed a
proportionally larger decrease in smoking prevalence" after the smoking bans were
implemented.^°
• A 1991 study in the Australian Journal of Public Health found that a smoke-free workplace
law "produced a reduction in workday cigarette consumption of between three and four
cigarettes a day" and the reduction was maintained for at least 1.5 years. During the course
of the study period (covering 2 years), smoking prevalence decreased about 5 percent,
which the authors estimated to be twice the average of the surrounding geographic area
without smoke-free workplace laws.^^
• A 2000 study in the journal Health Economics found that clean indoor air laws "had a
negative and significant impact on per capita consumption in all models" tested. Further, the
study found that the "reduction in cigarette consumption from the anti-smoking laws had
Increased from 1985 to 1995, as these laws became more restrictive and comprehensive."
The study concludes with the observation that "without anti-smoking laws, total cigarette
consumption would have been 4.5% greater in 1995."^^
Effectiveness of Smoke-Free Laws for Reducing Smoking Among Youth
• A study published in the journal Tobacco Control found that young people living in towns
with laws that completely prohibited smoking in restaurants had lower rates of progression
to smoking than those young people living in towns with weaker laws or no smoke-free
laws.^'
• A study in the Joumal of the American Medical Association found that, "The results from
these national surveys [on youth smoking] strongly suggest that smoke-free workplaces and
homes are associated with significantly lower rates of adolescent smoking."^'*
Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/3
• A 2000 survey published by ImpacTeen concluded that, "restrictions on smoking at home,
more extensive bans on smoking in public places and enforced bans on smoking at school
may reduce teenage smoking."^^
• A study of smoking on college campuses published in the April 2001 issue of the American
Joumal of Preventive Medicine found that, "smoke free residences may help protect those
students who were not regular smokers in high school from smoking in college." The study
also found that smoking prevalence was "significantly lower among residents of smoke-free
housing (21 percent) as compared with residents of unrestricted housing (30.6 percent)."^®
Even Tlie Tobacco Industry Knows That Clean Indoor Air Laws Help People Quit
• In its April 21, 2006 webcast for investors, Philip Morris indicated that recent smokefree laws
overseas, particularly Ireland and Italy, have resulted in a 3 percent decline in consumption.
In the U.S., Philip Morris indicated that, while it is more difficult to assess the impact of
smokefree laws on sales, they believe smoke free laws may be responsible for an
acceleration in annual declines in smoking (from approximately 1.5 percent per year to 1.8
to two percent per year) and that the fractional increase may be due, at least in part, to the
increasing number of smokefree laws.^^
• Philip Morris' own research found that prohibiting smoking in the workplace not only reduces
consumption but also increases quit rates. A 1992 memo summarizing these findings
states: "Total prohibition of smoking in the workplace strongly affect industry volume.
Smokers facing these restrictions consume 11%-15% less than average and quit at a rate
that is 84% higher than average."^® The memo goes on to state that, "If smoking were
banned in all workplaces, the industry's average consumption would decline 8.75-10.1%
from 1991 levels and the quitting rate would increase 74% (e.g., from 2.5% to 4.4%)."^®
• Industry documents from the Tobacco Institute (the tobacco industry's former lobbying and
public relations arm) echo Philip Morris' concern that smoke-free workplace laws will reduce
smoking and shrink cigarette-company profits. "What do these health claims, the
heightened public sentiment for smoking restrictions, increasing non-smoker annoyance
toward smokers mean for this industry? Lower sales, of course. ... restrictive smoking laws
accounted for 21 percent of the variation in cigarette consumption from state to state during
that time [1961-1982]."^° The Tobacco Institute also examined data in the 1980s to try to
gage the impact of smoking restrictions on consumption, "Those who say they work under
restrictions smoked about one-and-one quarter fewer cigarettes each day than those who
don't. That may sound light, but remember we're talking about light restrictions too. ...That
one-and-one-quarter per day cigarette reduction then means nearly 7 billion fewer cigarettes
smoked each year because of workplace smoking restrictions. That's 350 million packs of
cigarettes. At a dollar a pack, even the lightest of workplace smoking restrictions is costing
this industry 233 million dollars a year in revenue."^^
The Role of Smoke-Free Laws in Comprehensive Tobacco Prevention Programs
• It is critical to understand that implementing effective smoke free laws is part of a recognized
and proven strategy to lower the incidence of tobacco use and tobacco-related disease in
the U.S. Specifically, in its description of what constitutes a comprehensive tobacco control
program, the U.S. Centers for Disease Control and Prevention (CDC) states that:
"The goal of a comprehensive tobacco control program is to reduce disease, disability, and death
related to tobacco use by:
- Preventing the initiation of tobacco use among young people.
- Promoting cessation among young people and adults.
- Eliminating nonsmokers' exposure to ETS.
Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/4
- Identifying and eliminating the disparities related to tobacco use and its effects among different
population groups."^^
As part of Its recommendations to reduce tobacco use and exposure to secondhand smoke
(published in 2001), the Task Force on Community Preventive Services (an independent
Task Force appointed by the Director of the U.S. Centers for Disease Control and
Prevention), strongly recommended the adoption of smoke-free laws and related smoking
restrictions to limit smoking and exposure to cigarette smoking to designated areas. The
Task Force observed a "significant reduction in daily consumption of cigarettes by workers
subject to a smoking ban or restriction." In addition, the Task Force noted that several
studies have found that smoking bans have resulted in "increases in tobacco use cessation
and/or reductions in tobacco use prevalence."^^
Campaign for Tobacco Free Kids. October 14, 2009
More Information on Secondhand Smoke and Smoke-Free Laws Is available at
httD://www.tobaccofreekids.ora/research/factsheets/index.Dho?CateaorvlDs19
1 U.S. Department of Health and Human Services (HHS), The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of
the Surgeon General, Atlanta, GA: HHS, U.S. Centers for Disease Control and Prevention (CDC), National Center for Chronic Disease
Prevention and Health Promotion, Office on Smoking and Health, 2006, httD://www.cdc.aov/tobacco/data statistics/sar/sar 20Q6/index.htm.
2 HHS, Reducing Tobacco Use: A Report of the Surgeon General, Atlanta, GA: HHS, CDC, National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health2000, http://www.cdc.aov/tobacco/data statistics/sar/sar 2Q00/index.htm.
3 National Cancer Institute, Population Based Smoking Cessation: Proceedings of a Conference on What Works to Influence Cessation in the
General Population, Smoking and Tobacco Control Monograph No. 12, NIH Pub. No. 004892, November 2000,
httD://cancercontrol.cancer.aov/tcrb/monoaraphs/12/index.html.
* Pong, GT, et al., "Reductions in tobacco smoke pollution and increases in support for smoke-free public places following the Implementation
of comprehensive smoke-free workplace legislation in the Republic of Ireland: findings from the ITC Ireland/UK survey," Tobacco Control
15:iii51-iii58, June 2006.
5 Moskowltz, J, et al., The Impact of Workplace Smoking Ordinances in California on Smoking Cessation," American Journal of Public Health
|AyP/y;90(5):757-761, May 2000.
6 Chapman, S, et al., "The Impact of Smoke-Free Workplaces on Declining Cigarette Consumption in Australia and the United States," AJPH
89(7):1018-1023, July 1999.
7 Farrelly, M, et al., "The impact of workplace smoking bans: results from a national survey," Tobacco Control&{3):272-277, September 1999.
8 Long, DR, et al., "A prospective investigation of the impact of smoking bans on tobacco cessation and relapse," Tobacco Control ^0{Z)•.2S7-
272, September 2001.
3 Evans, W, et al., "Do Workplace Smoking Bans Reduce Smoking?" American Economic Review&Q:728-7A7, September 1999.
1° Heloma, A, et al., "The Short-Term Impact of National Smoke-Free Workplace Legislation on Passive Smoking and Tobacco Use," AJPH
91(9):1416-1418, September 2001.
Borland, R, et al., "Changes in smoking behaviour after a total workplace smoking ban, "Australian Journal of Pubiic Health 15(2): 130-134,
1991.
12 Yurekli, A & Zhang, P, "The Impact of Clean Indoor Air Laws and Cigarette Smuggling on Demand for Cigarettes: An Empirical Model,"
Health Economics 9:159-170,2000.
13 Siegel, M, et al., "Effect of local restaurant smoking regulations on progression to established smoking among youths," Tobacco ControiOd
2005; 14:300 - 306. http://tobaccocontrol.bmi.eom/cai/content/abstract/14/5/300
1* Farkas, A, et al., "Association Between Household and Workplace Smoking Restrictions and Adolescent Smoking," Journal of the American
MedicalAssociation2^{%):7'\7-722, August 9,2000.
15 Wakefield, M, et al., "Effect of restrictions on smoking at home, at school, and in public places on teenage smoking: cross sectional study,"
British Medical Journal 32V.333-337, August 5,2000, http://bmi.com/cai/reprint/321/7257/333.pdf.
16 Wechsler, L & Rigotti, N, "Cigarette Use by College Students in Smoke-Free Housing - Results of a National Study," American Journal of
Preventive Medicine 20{3):202-7,2001, http://www.hsph.harvard.edu/cas/Documents/smoke free/aipm620.pdf
" Based on question and answer segment of an April 21,2006 Altria webcast for first quarter earnings for 2006. Text of earnings report (which
does not reflect question and answer interaction) is available at http://altria.com/investors/02 00 NewsDetail.asp?reaid=845160.
18 Heironimus, J, "Impact of Workplace Restrictions on Consumption and Incidence," Philip Morris, Bates No.:2023914280, January 22,1992,
http://tobaccodocuments.ora/landman/20239142804284.html.
13 Heironimus, J, "Impact of Workplace Restrictions on Consumption and Incidence," Philip Morris, Bates No.:2023914280, January 22,1992,
http://tobaccodocuments.ora/landman/20239142804284.html.
20 "Public Smoking: The Problem," Tobacco Institute, Bates No.: TIMN0014554/4565, Undated, http://tobaccodocuments.ora/ti/TIMN0014554-
4565.html.
21 "Public Smoking: The Problem," Tobacco Institute, Bates No.: TIMN0014554/4565, Undated, http://tobaccodocuments.ora/ti/TIMN0014554-
4565.html.
Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/5
22 CDC, Best Practices for Comprehensive Tobacco Control Programs, August 1999,
http://www.cdc.aov/tobacco/tobacco control proarams/stateandcommunitv/best practices/index.htm.
23 Task Force on Community Preventive Services, "Recommendations Regarding Interventions to Reduce Tobacco Use and Exposure to
Environmental Tobacco Smoke," American Journal of Preventive Medicine, 20(2) Supplement S1:10-15,2001.
Kira Linberg
Agenda Item M f^/
Fnrthi mimhiff nf tha'
From:
Sent:
To:
Subject:
Andrea Dykes
Friday, September 21, 2012 11:16 AM
Kira Linberg
FW: Proposed no-smoking ordinance
aiY COUNCIL. /
ACM ^pCM CA^HJCCJI,
Date(^W> City Manager tji>^
—Original Message—
From! Linda Sinclair rmailto:sinclli(S)aol.coml
Sent: Friday, September 21, 2012 9:36 AM
To: Leticia Trevino-Reyes
Subject: Proposed no-smokIng ordinance
Dear Ms. Trevino:
I am in favor of the proposed new ordinance banning smoking in public outdoor spaces where food Is served. In fact, I
am in favor of banning smoking in all public areas.
I ask that you forward my message to all City Council members before the 9/25/12 City Council meeting, strongly urging
them to vote In favor of this ordinance. Passage of this ordinance is critical for the protection of public health and the
ability of city residents and visitors, the majority of whom do not smoke, to enjoy public outdoor spaces.
Thank you.
Linda J. Sinclair
6122 Paseo Monona
Carlsbad, CA 92009
Date:_
Distribuliofi:
City Clerk
Asst. City Cterk
Deputy Clark
Book
Kira Linberg
From:
Sent:
To:
Subject:
Andrea Dykes
Monday, September 24, 2012 8:15 AM
Kira Linberg
FW: I support the proposed smoking ban on outdoor dining
From: Leticia Trevino-Reyes
Sent: Monday, September 24, 2012 8:0$ AM
To: Michele Masterson
Cc: Andrea Dykes
Subject: FW: I support the proposed smoking ban on outdoor dining
From: Ann Madison rmailto:Aymadison(5)roadrunner.com]
Sent: Sunday, September 23, 2012 3:39 PM
To: Leticia Trevino-Reyes
Subject: I support the proposed smoking ban on outdoor dining
Dear Carlsbad City Council,
Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday. September 25'^ for a clean Carlsbad.
Thank you.
Ann Madison
1326 Savannah lane
Car!sbad,Ca 92011
Kira Linberg
From: Michele Masterson
Sent: Monday, September 24, 2012 10:52 AM
To: Sheila Cobian
Subject: FW: Proposed outdoor dining area smoking ban
^ CtMf Of
CARLSBAD
Communitv h Economic Dev&opment
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson^carlsbadca.gov
From: Bennett, Christina fmailto:chrlstina.bennett(asduhsd.net1
Sent: Wednesday, September 05, 2012 3:31 PM
To: Michele Masterson
Subject: Proposed outdoor dining area smoking ban
Hello Michelle,
I am a resident of Carlsbad and am in favor of the proposed outdoor dining area smoking plan...I will not be
able to attend the public meeting.
Please take my position into consideration.
Thank you,
Christina Bennett
Carlsbad, CA 92011
Kira Linberg
From: Michele Masterson
Sent: Monday, September 24, 2012 10:52 AM
To: Sheila Cobian
Subject: FW: support for smokefree
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: judistrang |"mailto:iudlstranQ(S)earthllnk.net]
Sent: Monday, September 17, 2012 3:26 PM
To: Michele Masterson
Subject: support for smokefree
Dear Mayor and City Council members.
We are pleased that Carlsbad could be the next city to bring smokefree outdoor dining to the Coastal region. I
know that the cities of Del Mar, Soiana Beach, and Encinitas welcome the addition of Carlsbad.
As a parent whose family members shop and eat often in Carlsbad, we are all thrilled! Too many times my children
and grandchildren have complained about the smoke bothering them and making the dining experience unpleasant
while they were eating outside.
Thanks you for this opportunity to tell you how important a enjoyable smokefree dining experience is for families!.
Warm Regards, Judi Strang
Executive Director
San Dieguito Alliance for Drug Free Youth
Serving the cities of Del Mar, Encinitas, Soiana Beach, and the communities of Carmel Valley, Del Mar Heights,
Elfin Forest, La Costa, Rancho Santa Fe, Sorrento Valley
PO Box 2448 De! Mar CA 92014
858.755.6598 phone/fax 858.382.6598 cell
www.sandiequitoalliance.orc}>
Kira Linberg
From:
Sent:
To:
Subject:
Michele Masterson
Monday, September 24, 2012 10:51 AM
Sheila Cobian
FW: Support for smoke-free outdoor dining
^ Ci 1 c ^
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From! Roy fiage [mailto:roviQaQe@Qmall.com1
Sent: Tuesday, September 18, 2012 12:11 PM
To: Michele Masterson
Subject: Support for smoke-free outdoor dining
Hi Michele:
I got the postcard but can't attend the meeting on the 25th. Please know I fully support this ordinance to make our dining
experience healthy and smoke-free!
Roy
Kira Linberg
From:
Sent:
To:
Subject:
Michele Masterson
Monday, September 24, 2012 10:51 AM
Sheila Cobian
FW: Ban Smoking at Outdoor Eateries
^ cur Of
CARLS^D
ComrTiunity & EconorTiic Deveiopmefii
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: John Batista [mailto:JohnBat@roadrunner.cQm1
Sent: Friday, September 21, 2012 8:00 AM
To: Michele Masterson
Subject: Re: Ban Smoking at Outdoor Eateries
Ladies and Gentlemen of the Carlsbad City Council, 9-21-2012
I'm all for it. Hope the Carlsbad Council does adopt the Ban on Smoking at Outdoor Eateries
policy.
Thanks
John Batista / Carlsbad resident since 1954
Kira Linberg
From:
Sent:
To:
Subject:
Michele Masterson
Monday, September 24, 2012 10:51 AM
Sheila Cobian
FW: smoking ban
^ t f I V Of
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Mlchele.Masterson@carlsbadca.gov
From: Ellen William [mallto:ellenw31(i5)roadrunner.coml
Sent: Friday, September 21, 2012 8:16 AM
To: Michele Masterson
Subject: smoking ban
Yes, yes - ban smoking in all outdoor eating areas. Better yet - only smoke in
your own iiome.
Ellen Williams
Change is all that we can count on
Kira Linberg
From: Michele Masterson
Sent: Monday, September 24, 2012 10:51 AM
To: Sheila Cobian
Subject: FW: Smoking Ban at Outdoor Restaurants
''^ CITY OF
CARLSBAD
Community & Economic Devefopment
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: Lindsay Dillon [mailto:dlllon.llndsav@qmall.com1
Sent: Friday, September 21, 2012 9:38 AM
To: Michele Masterson
Subject: Smoking Ban at Outdoor Restaurants
Hi Michelle,
I think that the city of Carlsbad should absolutely implement a ban on smoking at outdoor restaurants and
cafes. As a pubic health professional, I am awai'e of the impact that different policies have on smoking. As a
mom, wife, and local Carlsbad resident, I advocate for a ban to protect myself, my family, my friends, and my
community from the harmful effects of second hand smoke.
I am unable to attend the City Hall meeting on September 25, 2012 due to child care issues, but I hope that my
voice is one among many that would like to see a ban in place.
Thank you,
Lindsay Dillon
Kira Linberg
From: Michele Masterson
Sent: Monday September 24, 2012 11:19 AM
To: Sheila Cobian
Subject: FW: Proposed no-smoking ordinance
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Mlchele.Masterson@carlsbadca.gov
—Original Message—
From: Leticia Trevino-Reyes
Sent: Friday, September 21, 2012 10:31 AM
To: Michele Masterson
Cc: Andrea Dykes
Subject: FW: Proposed no-smoking ordinance
—Original Message—
From: Linda Sindair fmailto:slnclli@aol.coml
Sent: Friday, September 21, 2012 9:36 AM
To: Leticia Trevino-Reyes
Subject: Proposed no-smoking ordinance
Dear Ms. Trevino:
I am in favor of the proposed new ordinance banning smoking in public outdoor spaces where food is served. In fact, I
am in favor of banning smoking in all public areas.
I ask that you forward my message to all City Council members before the 9/25/12 City Council meeting, strongly urging
them to vote in favor of this ordinance. Passage of this ordinance is critical for the protection of public health and the
ability of city residents and visitors, the majority of whom do not smoke, to enjoy public outdoor spaces.
Thank you.
Linda J. Sinclair
6122 Paseo Monona
Carlsbad, CA 92009
Kira Linberg
From:
Sent:
To:
Subject:
Michele Masterson
Monday, September 24, 2012 11:18 AM
Sheila Cobian
FW: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please
forward to city council members
...A.
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Mlchele.Masterson@carlsbadca.gov
From: Leticia Trevino-Reyes
Sent: Monday, September 24, 2012 8:04 AM
To: Michele Masterson
Subject: FW: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please fonA/ard to city council
members
From: Pattle Caraallo [mailto:DcaraQllo@roadrunner.com1
Sent: Saturday, September 22, 2012 7:18 AM
To: Council Internet Email; Leticia Trevino-Reyes
Cc: pcaraQllo@roadrunner.com
Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members
Dear Carlsbad City Council,
Please let it be known that we are in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining.
It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their
citizens and visitors against this toxic activity.
Please vote 'YES' this Tuesday, September 25*^ for a clean Carlsbad.
Thank you,
Pattie, Frank, Angela and Michael Caraglio
1310 Savannah Lane
Carlsbad, CA 92011
Dcaraqlio@ roadrunner.com
Kira Linberg
From: Michele Masterson
Sent: Monday September 24, 2012 11:18 AM
To: Sheila Cobian
Subject: FW: I support the proposed smoking ban on outdoor dining
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: Leticia Trevino-Reyes
Sent: Monday, September 24, 2012 8:08 AM
To: Michele Masterson
Cc: Andrea Dykes
Subject: FW: I support the proposed smoking ban on outdoor dining
From: Ann Madison [mailto:Avmadison@roadrunner.com1
Sent: Sunday, September 23, 2012 3:39 PM
To: Leticia Trevino-Reyes
Subject: I support the proposed smoking ban on outdoor dining
Dear Carlsbad City Council,
Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*, for a clean Carlsbad.
Thank you.
Ann Madison
1326 Savannah lane
CarIsbad,Ca 92011
Kira Linberg
From: Karen Tincup <karen.tincup@semco.com>
Sent: Friday September 21, 2012 12:41 PM
To: Council Internet Email
Subject: Support Smoke-Free Dining in Carlsbad
Dear Mayor Matt Hall:
As a Carlsbad resident, I kindly request your support of a Smoke-free Outdoor Dining Ordinance in our city.
Secondhand smoke exposure poses serious health risks and kills an estimated 53,000 nonsmokers every year. The risk of
death from coronary heart disease increases by up to 30 percent among people regularly exposed to environmental
tobacco smoke.
I stand with the American Heart Association in strong support of establishing smoke-free outdoor dining areas to reduce
exposure to the hazards of secondhand smoke. Communities must enact policies to protect citizens who have chosen
not to smoke.
Both the U.S. Surgeon General and the National Institute of Occupational Safety and Health have found that simple
separation of smokers and nonsmokers in public places does not provide adequate protection for nonsmokers. There is
no safe level of smoke in public outdoor spaces.
The American Heart Association is dedicated to supporting state and local action to protect non-smokers from
environmental tobacco smoke. To protect the well-being of all Carlsbad residents and visitors, please approve the
Smoke-free Outdoor Dining Ordinance on Tuesday, September 25.
Sincerely,
Karen Tincup
3604 Corte Castillo
Carlsbad, CA 92009-9523
Kira Linberg
From: Diane Morgan <dianemo41(3)yahoo.com>
Sent: Friday, September 21, 2012 1:17 PM
To: Council Internet Email
Subject: Support Smoke-Free Dining in Carlsbad
Dear Mayor Matt Hall:
As a Carlsbad resident, I kindly request your support of a Smoke-free Outdoor Dining Ordinance in our city.
Secondhand smoke exposure poses serious health risks and kills an estimated 53,000 nonsmokers every year. The risk of
death from coronary heart disease increases by up to 30 percent among people regularly exposed to environmental
tobacco smoke.
I stand with the American Heart Association in strong support of establishing smoke-free outdoor dining areas to reduce
exposure to the hazards of secondhand smoke. Communities must enact policies to protect citizens who have chosen
not to smoke.
Both the U.S. Surgeon General and the National Institute of Occupational Safety and Health have found that simple
separation of smokers and nonsmokers in public places does not provide adequate protection for nonsmokers. There is
no safe level of smoke in public outdoor spaces.
The American Heart Association is dedicated to supporting state and local action to protect non-smokers from
environmental tobacco smoke. To protect the well-being of all Carlsbad residents and visitors, please approve the
Smoke-free Outdoor Dining Ordinance on Tuesday, September 25.
Sincerely,
Diane Morgan
4670 Telescope Ave
Carlsbad, CA 92008-3764
Kira Linberg
From:
Sent:
To:
Subject:
dina.masamoto@alumni.stanford.edu on behalf of Dina Masamoto
<dina.masamoto@stanfordalumni.org>
Friday, September 21, 2012 2:29 PM
Council Internet Email
Proposed Smoking Ban
Dear Carlsbad City Council,
Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad.
Thank you.
Dina l\/iasamoto
4773 Gateshead Road
Carlsbad, CA 92010
masamoto @alumni.stanf ord.edu
USANA Health Sciences Independent Distributor
http://dina.usana.com
Be good to yourself. If you don't take care of your body, where will you live? - Kobi Yamada
From:
Sent:
To:
Subject:
Jana Browne <jana.w.browne@gmail.com>
Friday, September 21, 2012 4:07 PM
Council Internet Email; eticia.trevino@carlsbadca.gov
In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining
Dear Carlsbad City Council,
Please let it be known that I am In favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25^^, for a clean Carlsbad.
Thank you.
Jana Browne
3355 Valley St.
Carlsbad, CA 92008
Jana.w.browne @ amail.com
Kira Linberg
From:
Sent:
To:
Subject:
Sharon Steele <sharonsteele@roadrunner.com>
Friday, September 21, 2012 5:57 PM
Council Internet Email; 'letida.trevino@carlsbadca.gov.'
In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining
Dear Carlsbad City Council,
Please let it be known that we am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad.
Thank you.
Sharon and Mark SteeieV
1311 Savannah Ln
Carlsbad CA 92011
Kira Linberg
From: jwpparker@aol.com
Sent: Saturday, September 22, 2012 12:05 AM
To: Council Internet Email
Subject: Smooking Ban for Outdoor Dining
Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members
Dear Carlsbad City Council,
Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad.
Thank you.
John Parker
1414 Cressa Ct Carlsbad CA 92011
The Estates Group
Cell - 760-845-2627
E-Mail jwpparker@aol.oom
or iparker@vounqsmarket.com
Kira Linberg
From: Pattie Caraglio <pcaraglio@roadrunner.com>
Sent: Saturday September 22, 2012 7:18 AM
To: Council Internet Email; Leticia Trevino-Reyes
Cc: pcaraglio@roadrunner.com
Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward
to city council members
Dear Carlsbad City Council,
Please let it be known that we are in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining.
It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their
citizens and visitors against this toxic activity.
Please vote 'YES' this Tuesday, September 25^^, for a clean Carlsbad.
Thank you,
Pattie, Frank, Angela and Michael Caraglio
1310 Savannah Lane
Carlsbad, CA 92011
Dcaraallo @ roadrunner.com
Kira Linberg
From:
Sent:
To:
Subject:
Lori Browne <scitch8@yahoo.com >
Saturday, September 22, 2012 10:02 AM
Council Internet Email
Smoking ban-yes
Dear Council Members:
Please vote yes to ban outdoor smoking at restaurants. The health and enjoyment of our citizens will benefit.
Lori Browne
3355 Valley St
Carlsbad Ca 9208
Sent from my iPad
Kira Linberg
From: Ann Madison <Aymadison@roadrunner.com>
Sent: Sunday, September 23, 2012 3:37 PM
To: Council Internet Email
Subject: Carlsbad proposed smoking ban for outdoor dining
Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please fonward to city council members
Dear Carlsbad City Council,
Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad.
Thank you.
Ann Madison
1326 Savannah Lane
Carlsbad, Ca 92011
Kira Linberg
From:
Sent:
To:
Subject:
tom@theabrells.net
Monday September 24, 2012 10:54 AM
Council Internet Email; Leticia Trevino-Reyes
In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward
to city council members
Dear Carlsbad City Council,
Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. I am glad that
Carlsbad is considering joining the list of other 70 + conscience California cities and other states who are protecting their
citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25"^, for a clean Carlsbad.
Thank you
Tom Abrell
1314 Savannah Lane
Carlsbad, CA 92011
Kira Linberg
From:
Sent:
To:
Subject:
L & P Sawyer <sawyerlp@roadrunner.com>
Monday, September 24, 2012 12:35 PM
Council Internet Email
Please vote yes on September 25
Dear Carlsbad City Council,
I urge you to vote to protect employees and restaurant patrons from the toxic effects of smoking.
Thank you,
Phyllis &. Larry Sawyer
Sawverlp@roadrunner.com
Sent from my IPad...
Kira Linberg
From: Sheila Cobian
Sent: Monday September 24, 2012 1:23 PM
To: Kira Linberg
Subject: FW: Ban smoking for outdoor dining areas
From: Michele Masterson
Sent: Monday, September 24, 2012 12:46 PM
To: Sheila Cobian
Subject: FW: Ban smoking for outdoor dining areas
CARLSBAD
Community & Economic Oeveiopmefit
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: Dana Dubbs [mailto:ddubbs@pacbell.net1
Sent: Monday, September 24, 2012 12:43 PM
To: Michele Masterson
Subject: Ban smoking for outdoor dining areas
Dear Carlsbad City Council Members,
Please do the right thing and vote to ban smoking for outdoor dining areas in the City of Carlsbad.
I used to enjoy going to Coyote Bar & Grill and some of the other venues with outdoor entertainment in Carlsbad. I say
"used to" because I can no longer stomach being around all the smoke that goes along with patronizing those places. It
makes me physically ill and completely ruins my evening.
When I want to dine outdoors and/or listen to music outdoors, Carlsbad is not a city that I consider for doing those things.
The only thing that will bring me back is for the Carlsbad City Council to vote to ban smoking for outdoor dining areas.
Thank you,
Dana Dubbs
ddubbs@pacbell.net
Kira Linberg
From: Sheila Cobian
Sent: Monday, September 24, 2012 4:28 PM
To: Kira Linberg
Subject: FW: Smoke Free Carlsbad
—Original Message—
From: Michele Masterson
Sent: Monday, September 24, 2012 4:22 PM
To: Sheila Cobian
Subject: FW: Smoke Free Carlsbad
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
—Original Message—
From: Irina Gronborg fmailto:gronborg2@gmail.com1
Sent: Monday, September 24, 2012 4:06 PM
To: Michele Masterson
Subject: Smoke Free Carlsbad
I might consider dining out in Carlsbad if I could enjoy a smoke-free patio as I can at home in Soiana Beach or next door
in Del Mar and Encinitas.
Irina Gronborg
424 Dell Court
Soiana Beach 92075
Kira Linberg
From:
Sent:
To:
Cc:
Subject:
Leticia Trevino-Reyes
Monday, September 24, 2012 5:05 PM
Michele Masterson
Kira Linberg
FW: In favor of proposal to ban smoking
—Original Message—
From: L 8i P Sawyer fmallto:sawverlp@roadrunner.coml
Sent: Monday, September 24, 2012 12:41 PM
To: Leticia Trevino-Reyes
Subject: In favor of proposal to ban smoking
Dear Carlsbad City Council,
I urge you to vote yes to protect employees and dining patrons from the toxic effects of smoking in Carlsbad.
Thanks for the opportunity to voice our opinion,
Phyllis 8t Larry Sawyer
2610 Abedul Street
Carlsbad, CA 92009
Sawverlp@roadrunner.com
Sent from my IPad...
Kira Linberg ^
From: Cindy Huntzinger <chuntzingerl@yahoo.com>
Sent: Monday September 24, 2012 7:49 PM
To: Council Internet Email; Leticia Trevino-Reyes
Subject: In favor of smoking ban
City Council,
Please let it be known that I am In favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining.It's about time
Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and
visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^ for a clean Carlsbad.
Thank you.
Cindy Huntzinger
808 Bluwater Rd.
Carlsbad Ca. 92011
chuntzlnqerl @ vahoo.com
Kira Linberg
From: Sheila Cobian
Sent: Tuesday, September 25, 2012 9:59 AM
To: Kira Linberg
Subject: FW: Public comment on smoke-free outdoor dining
From: Michele Masterson
Sent: Tuesday, September 25, 2012 9:57 AM
To: Sheila Cobian
Subject: FW: Public comment on smoke-free outdoor dining
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: Ana Palomo-Zerfas [mailto:aDalomozerfas@Qmall.com1
Sent: Tuesday, September 25, 2012 9:47 AM
To: Michele Masterson
Subject: Public comment on smoke-free outdoor dining
Dear Ms. Michele Materson,
I would like to express my support on the proposed smoking ban for outdoor dining areas in Carlsbad. I am a
resident of 4 years of the beautiful city of Carlsbad, currently residing at Adams Street Apartments. Earlier this
year our apartment complex went smoke-free, and my family and I really enjoy the change. I feel comfortable
strolling through the complex with my daughter without having to worry of potential exposure to second-hand
smoke.
I support smoke-free outdoor dining because I would like to enjoy dinning outdoors with my family widiout
having to worry about exposing ourselves to second-hand smoke.I believe that smoke-free outdoor dining will
really make a positive impact on the health of Carlsbad residents. And I commend our city officials for
putting Carlsbad residents' health first and leading by example. I hope that my fellow residents will support
smoke-free outdoor dinning and set a trend for North County.
Sincerely,
Ana Palomo-Zerfas
JOra^Unberg^
From: Sheila Cobian
Sent: Tuesday September 25, 2012 10:39 AM
To: Kira Linberg
Subject: FW: Carlsbad smoke free dining areas
From: Michele Masterson
Sent: Tuesday, September 25, 2012 10:39 AM
To: Sheila Cobian
Subject: FW: Carlsbad smoke free dining areas
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: Lynda.Barbour(S)cancer.orQ [mailto:Lynda.Barbour@cancer.oral
Sent: Tuesday, September 25, 2012 10:35 AM
To: Michele Masterson
Subject: Carlsbad smoke free dining areas
Dear Michele,
As a visitor of Carlsbad's lovely community, and a new Grandma who plans to frequent
Legoland with our Grand-Triplets in the near future , Id like to urge the city council to pass the
smokefree dining ordinance being considered tonight.
I want my babies to be able to enjoy the park and nearby restaurants without fear of experiencing
secondhand smoke exposure induced asthma attacks.
Thanks!
Lynda Barbour
2225 Linwood St, B10
SDCA92110
Lynda Barbour, MPH | Director, Field Advocacy
Cancer Control j American Cancer Society Cancer Action Network, Inc.
2655 Camino Del Rio North, Ste 100
San Diego, CA, 92108
Phone: 619.682.7416 | Mobile: 619.405.2683 | Fax: 619.296.0928 | Main: 619.682.7416
acscan.orq
1
Kira Linberg
From: Sheila Cobian
Sent: Tuesday, September 25, 2012 11:02 AM
To: Kira Linberg
Subject: FW: I support smoke-free outdoor dining in Carlsbad
From: Michele Masterson
Sent: Tuesday, September 25, 2012 11:02 AM
To: Sheila Cobian
Subject: FW: I support smoke-free outdoor dining in Carlsbad
^ c 1 T r Q ^
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Michele.Masterson@carlsbadca.gov
From: Lisa Archibald [mailto:llsa.archlbald@Qmall.coml
Sent: Tuesday, September 25, 2012 10:42 AM
To: Michele Masterson
Subject: I support smoke-free outdoor dining in Carlsbad
Ms Masterson,
As a resident of coastal North County, I often visit the City of Carlsbad to shop and dine out. 1100% support
the City's proposed ordinance (AB#21.013) to establish smoke-free outdoor dining. Our local governments have
the responsibility of protecting it's residents, and visitors to their community, from public health hazards. Not to
mention the servers unlucky enough to have to work their shift around people smoking.
Exposure to cigarette smoke is proven to cause cancer in nonsmokers and can trigger asthma attacks in others!
Please do your part and make the outdoor dining aieas smoke-free so everyone can enjoy a safe and healthy
Carlsbad!
Lisa Archibald
4165 ViaCandidiz#24
San Diego CA 92130
858-461-0536
Kira Linberg
From: Sheila Cobian
Sent: Tuesday, September 25, 2012 8:43 AM
To: Kira Linberg
Subject: FW: Yes on Smokefree Dining for Carlsbad!
From: Michele Masterson
Sent: Tuesday, September 25, 2012 8:33 AM
To: Sheila Cobian
Subject: FW: Yes on Smokefree Dining for Carlsbad!
CARLSBAD
Michele A. Masterson
Senior Management Analyst
P: 760-602-4615
F: 760-602-8560
Mlchele.Masterson@carlsbadca.gov
From; Tnnia Hagaman [mallto;tonlahaaaman@vahoo.com1
Sent: Monday, September 24, 2012 10:05 PM
To: Michele Masterson
Cc: dhosford@vistacommunitvclinlc.orQ
Subject: Yes on Smokefree Dining for Carlsbad!
Dear City of Carlsbad Council Members,
I'm a former resident and still very frequent visitor to Carlsbad, and I'm writing to ask you to
please consider adopting the proposed smoke-free outdoor dining ordinance. Carlsbad is one of
those very special communities where people come first, and where the health of the
community is important to everyone.
Carlsbad was an idyUic place to grow up, and I'm so grateful that my parents chose it, and were
active City employee and citizen participants in making the city what it is today (helping to
found the Carlsbad Educational Foundation, participating in Rotary, and providing vision and
implementation for city planning and services). Each time I visit, I am amazed by the ongoing
improvements, from development and business, city services and community involvement, to
parks and recreation. Carlsbad's community parks, beaches, open space, and the trail system
are wonderful assets to the City. I was incredibly proud when the City adopted a smoke-free
parks policy to make the parks even lovelier, cutting down on toxic tobacco litter and ensuring
clean air for all who enjoy these spaces. This is a wonderful example to the City's smallest
residents, and to all who enjoy the parks, creating an environment where smoking is not the
norm.
The new smoke-free outdoor dining law will protect patrons and workers from the dangerous
health effects of breathing in secondhand smoke, and provide nonsmokers and those who are
trying to quit with a smoke-free dining experience. The reality is that 88% of California's
population doesn't smoke, and that there isn't a constitutional right to smoke - especially when
it infringes on others' right to breathe clean air.
The Cahfomia Air Resources Board has declared secondhand smoke a toxic air contaminant
(defined as an outdoor air pollutant that may cause or contribute to an increase in deaths or in
serious illness, or which may pose a present or potential hazard to human health). As of July 1,
2012, 39 jurisdictions in California alone have adopted 100% smoke free dining policies to
protect their citizens, both patrons and employees. With jobs in high demand, an employee
shouldn't have to choose between making a living and being exposed to secondhand smoke.
Outdoor dining policies do not have negative effects on businesses, and in fact can increase
patronage, since the overall dining experience is so much more pleasant. Having a law in place
creates a level playing field for all businesses, and shows that the City continues to be forward-
thinking in ways to support health and wellness for its residents and visitors. This new law will
be a very positive step for the City - good for business, good for families, and good for
tourism. I know I'll be eating out on one of Carlsbad's outdoor patios on my next visit if this
law passes!
Thank you for your consideration.
Sincerely,
Tonia Hagaman, MPH
CHS, Class of 1987
September 25, 2012
City Council, City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad CA
Agenda Item # ^
For the members of the:
CITV COUNCIL
ACM ^\SCM yCA^CC
City Manager
RE: AB #21 013- PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS.
To: The Honorable Mayor Hall
Honorable Council members Kulchin, Blackburn, Douglas, & Packard
The American Cancer Society Cancer Action Network urges the Carlsbad
City Council to pass this outdoor dining ordinance, California state
law only prohibits smoking in indoor areas of restaurants and bars and
municipalities are not preempted from passing a stronger law to
prohibit smoking within outdoor dining areas of bars and restaurants.
As many workers appreciate the health benefits of smoke-free indoor
air, they deserve to enjoy those same benefits in restaurant patios
since they cannot move away from smoke when working in that area.
• The U.S. Environmental Protection Agency has classified
secondhand smoke as a "Group A" known carcinogen placing it in
the same category as radon, benzene, and asbestos.
• The U.S. Surgeon General has declared that there is "no risk-
free level of exposure to secondhand smoke. Breathing even a
little secondhand smoke can be harmful to your health."
• In 2005, the California Air Resources Board (ARB) released a
report that evaluated the first-ever monitoring of the level of
outdoor exposure to secondhand smoke on the health of California
residents. Based on the conclusions of this report, the ARB
adopted a regulatory amendment identifying secondhand smoke as a
toxic air contaminant - an outdoor air pollutant that may cause
or contribute to an increase in deaths or in serious illness, or
which may pose a present or potential hazard to human health.
• Scientific research on outdoor exposure to secondhand smoke is
growing. In May 2 007, Stanford University researchers published
an in-depth study of outdoor secondhand smoke levels. The primary
finding is that secondhand smoke exposure levels can be
significant near an active smoker.
The American Cancer Society Cancer Action Network urges the passage of
your smoke-free dining ordinance. Protecting the health of, and
promoting a better quality of life for your residents and guests who
will benefit from smoke free outdoor dining is the right thing to do I
Sincerely,
Lynda Barbour
Field Advocacy Director
American Cancer Society Cancer Action Network
2655 Camino Del Rio North, Ste 100
San Diego CA 92108
619-682-7416
Kira Linber
Agenda Item # ^
For the members of the:
From:
Sent:
To:
Subject:
Suellen Shea <shea.sa@sbcglobal.net>
Monday September 24, 2012 5:35 PM
Council Internet Email
DO NOT BAN PATIO SMOKING AT RESTAURANTS.
\cMj:^cM_cA^cc::::;l
OateJil^^City Manager[J^^--~
.because
There are many of us who enjoy dining out, having a glass of wine and a cigarette & we are getting DAMN sick & tired of
these No Smoking Busybodies who go from town to town "butting In" (no pun intended) & trying to shut out any rights
for smokers... . ' ^
These busybodies won't be happy until they SHUT DOWN EVERY SINGLE PLACE....They've already done all restaurants
(Indoors) BEACHES, PARKS, PIERS, BALLFIELDS & some WHOLE TOWNS -you name it!! The ONLY thing left for us Is some
patio venues Smoking is NOT ILLEGAL (the states love the tax money) and it is A PERSONAL RESPONSIBILITY whether
to smoke or not....and not their business. (Also, there are some well-known studies that have shown no danger of
second-hand smoke, but rarely quoted, of course.) HOW MANY OF YOU GREW UP WITH SMOKERS ALL AROUND YOU
WHEN IT WAS ALLOWED EVERYWHERE? All of us - that are In their 30's and older! I
No one cared until It got politically correct to ban everything!!
I/we GO TO CARLSBAD AT LEAST ONCE A WEEK and meet with a group of TrI City area friends (some smoke, some do not
) and we ALL go to Hennessey's patio . Other times friends come from all over meet us at Coyote Cafe,Hennessey's and
other venues with patlo/smoking & WE ENJOY IT....
We are retired and finally have the time and money to enjoy these outings..... IF YOU PASS THIS WE'LL go elsewhere
or ENTERTAIN OUR FRIENDS AT HOME. '
THERE ARE PLENTY OF PLACES FOR THESE BUSYBODIES THEY DON'T HAVE TO GO TO THE FEW PLACES THAT ALLOW
US TO ENJOY OURSELVES!!!!!!!!!!!!!
Suellen Shea
Date:
Distribution:
City Clerk
Asst. City Clerk _
I3eputy Clerk _
Book
Kira Linberg
From:
Sent:
To:
George Malasek <gmalasek@struansinc.com
Monday, September 24, 2012 9:59 AM
Council Internet Email; clerk(a)calsbadca.gov
>
Subject: AB #21,013 PLEASE VOTE AGAINST
To Whom It May Concern;
I just wanted to write to you as a resident of Carlsbad and one that enjoys the freedom of living in the United States of
America that you do not vote in favor of AB 21,013 but rather allow the choice to be made by the consumer and the
establishment I have no problem with prohibiting smoking in specific "DINING" areas, however, I do object to disallowing
smoking in outdoor patio/bar sections that may also serve food as a secondary function. I believe that the consumers will
determine what businesses should and shouldn't do based on wether they frequent them or not. It is my opinion that we as a
community are regulating ourselves into oblivion. I have far more faith in our consumers and our small business owners to
make the right choices then to continouosly add new laws and regulations that eat away at our individual freedoms.
Thank you,
George J. Malasek
6266 Paseo Elegancia
Carlsbad, CA 92009
PROHIBIT SMOKING IN
UNENCLOSED DINING AREAS
MCA 12-01
Michele Masterson
September 25, 2012
Background
•Vista Community Clinic requested city prohibit
smoking in outdoor dining areas
•Existing State law prohibits smoking in
enclosed places of employment
•Current CMC Chapter 6.14 was enacted in
1983, prior to the 1988 State enactment
Background
•Proposed ordinance is modeled after similar ordinances:
–Chula Vista
–Del Mar
–El Cajon
–Encinitas
–National City
–Solana Beach
3
Outreach
•Conducted an outreach to potentially affected
businesses and smoke-free advocates:
•Available on the city website for review and
comment
•Post card mailing to affected businesses
4
Amendment
•Prohibits smoking in unenclosed dining areas
•Including areas for both food and drink
•Reasonable distance provision
•Posting of signs
5
Recommendation
Introduce Ordinance CS-188 amending Title 6
(Health and Sanitation), Chapter 6.14 of the
Carlsbad Municipal Code to prohibit smoking
in unenclosed dining areas and bring
Carlsbad’s smoking prohibition ordinance into
compliance with state law
6
Questions?
7