§ 97.01. Findings and purpose.

The Town Council finds that:

(A)

Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution:

(1)

In the United States Surgeon General's report on the health consequences of second-hand tobacco smoke the medical community has generally concluded that non-smokers subjected to tobacco smoke are at risk for the development of lung cancer. In addition, there are serious health consequences including respiratory malfunctions and irritation that may result from inhaling tobacco smoke.

(2)

The California Legislature, by the California Indoor Clean Air Act of 1976, and Cal. Health & Safety Code § 25940 et seq., has found and declared that tobacco is a hazard to the health of the general public;

(B)

Reliable studies have shown that breathing smoke exhaled or otherwise produced or caused by others ("second-hand smoke") is a significant health hazard, particularly for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions including asthmatics and those with obstructive airway disease;

(C)

Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased respiratory functions, bronchoconstriction, and bronchospasm;

(D)

Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the same;

(E)

Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and

(F)

Smoking is a documented cause of fires;

(G)

Non-smokers should have a right to be free from exposure to second-hand tobacco smoke from those who use tobacco;

(H)

The Town Council concurs in the findings of the California Legislature and the United States Attorney General and in addition finds that the California Indoor Clean Air Act of 1976, as amended, should be expanded by local regulation not inconsistent with the provisions thereof, and as authorized by Cal. Health & Safety Code §§ 25946 and 25949.6;

(I)

The Town Council further finds that the regulations enacted in this chapter are not within the provisions of the California Environmental Quality Act in that the effect of the ordinance codified in this chapter is to have a beneficial effect on the public health, safety and welfare rather than an adverse effect and therefor this chapter is not a project under the California Environmental Quality Act;

(J)

Accordingly, the Town Council finds and declares that the purposes of this chapter are to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

(1975 Code, § 5-13.01) (Ord. 1990-439, effective 11-9-90)