Section
117.01 Title
117.02 Findings and intent
117.03 Definitions
117.04 Application of chapter to city facilities and property
117.05 Prohibition of smoking in enclosed public places
117.06 Prohibition of smoking in enclosed places of employment
117.07 Prohibition of smoking in enclosed residential facilities
117.08 Prohibition of smoking in outdoor places of employment
117.09 Where smoking not regulated
117.10 Declaration of establishment or outdoor area as nonsmoking
117.11 Posting of signs and removal of ashtrays
117.12 Nonretaliation; nonwaiver of rights
117.13 Enforcement
117.14 Public education
117.15 Other applicable laws
117.16 Liberal construction
117.99 Penalty
The Dayton City Council does hereby find that:
(A) Exposure to exhaled cigarette smoke, e-cigarette aerosol, and other tobacco-related emissions is harmful to health:
(1) The 2006 U.S. Surgeon General’s Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, concluded that (1) secondhand-smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; and (4) there is no risk-free level of exposure to secondhand smoke.(1)
(2) The 2010 U.S. Surgeon General’s Report, How Tobacco Smoke Causes Disease, states that even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke can lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke.(2)
(3) According to the 2014 U.S. Surgeon General’s Report, The Health Consequences of Smoking——50 Years of Progress, secondhand smoke exposure causes stroke in nonsmokers, and that exposure to secondhand smoke causes an estimated 41,000 deaths each year among adults in the United States.(3)
(4) Emissions from electronic smoking devices (ESDs), commonly referred to as electronic cigarettes, or “e-cigarettes,” are made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke.(4) Human lung cells that are exposed to ESD aerosol and flavorings show increased oxidative stress and inflammatory responses.(5) The World Health Organization (WHO), the National Institute for Occupational Safety and Health (NIOSH), and the American Industrial Hygiene Association (AIHA) recommend that ESDs not be used in smoke-free environments to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smoke-free laws.(6)
(5) In a study of a hookah lounge in Lexington, Kentucky, secondhand smoke from waterpipe smoking created high fine particulate concentrations, three to six times the National Ambient Air Quality Standard for outdoor air—a Clean Air Act limit on pollution.(7)
(B) Smoking and exposure to secondhand smoke pose significant costs for businesses and the economy:
(1) Secondhand smoke costs the U.S. economy $5.6 billion annually in lost productivity?(8)
(C) Comprehensive, 100% smoke-free laws do not harm business:
(1) The 2006 U.S. Surgeon General’s Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that evidence from peer-reviewed studies shows that smoke-free policies and laws do not have an adverse economic impact on the hospitality industry.(????)
(D) Comprehensive, 100% smoke-free laws are necessary:
(1) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a twenty-five percent (25%) to fifty percent (50%) higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function.(9)
(2) The 2006 U.S. Surgeon General’s Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that establishing smoke-free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke.(10)
(3) The American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure and recommends that indoor environments be smoke-free in their entirety. In 2015, ASHRAE amended its ventilation Standard for Acceptable Indoor Air Quality (62.1) to include an environment that is completely free from marijuana smoke and emissions from electronic smoking devices.(11)
(4) During periods of active smoking either outdoors or indoors, peak and average outdoor tobacco smoke levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor smoke concentrations.(12)
(5) Secondhand smoke exposure may increase the risk of smoking, especially among never-smoking college students.(13)
(E) Accordingly, the Dayton City Council finds and declares that the purposes of this chapter are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of all residents and visitors to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
REFERENCES (1) U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. (2) U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010. (3) U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. (4) Fuoco, F.C.; Buonanno, G.; Stabile, L.; Vigo, P., “Influential parameters on particle concentration and size distribution in the mainstream of e-cigarettes,” Environmental Pollution 184: 523-529, January 2014. (5) Lerner CA, Sundar IK, Yao H, Gerloff J, Ossip DJ, McIntosh S, et al. “Vapors Produced by Electronic Cigarettes and E-Juices with Flavorings Induce Toxicity, Oxidative Stress, and Inflammatory Response in Lung Epithelial Cells and in Mouse Lung,” PLoS ONE 10(2): e0116732, February 6, 2015. (6) World Health Organization (WHO), “Electronic nicotine delivery systems,” World Health Organization (WHO), 2014 (7) Lee K, Bucholtz C, Robertson H, Vogel S, Hahn E. Indoor air quality in a Hookah Lounge: Is waterpipe smoking (hookah) related to indoor air pollution? 2008:1-4. (8) Xu X, Bishop EE, Kennedy SM, Simpson SA, Pechacek TF. Annual Healthcare Spending Attributable to Cigarette Smoking: An Update. American Journal of Preventive Medicine 2014;48(3):326-33. (9) Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., “Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDIO2000 case-control study,” Tobacco Control 11(3): 220-225, September 2002. (10) U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. (11) ANSI/ASHRAE Standard 62.1-2016 - Ventilation for Acceptable Indoor Air Quality. Atlanta, GA: American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc. https://www.ashrae.org/technical-resources/standards-and-guidelines /read-only-versions-of-ashrae-standards (12) Klepeis, N.; Ott, W.R.; Switzer, P., “Real-time measurement of outdoor tobacco smoke particles,” Journal of the Air & Waste Management Association 57: 522-534, 2007. (13) Chizimuzo T C Okoli, Mary Kay Rayens, Amanda T Wiggins, Melinda J Ickes, Karen M Butler, Ellen J Hahn, “Secondhand Tobacco Smoke Exposure and Susceptibility to Smoking, Perceived Addiction, and Psychobehavioral Symptoms Among College Students,” J Am Coll Health. 2016;64(2):96-103 |
(Ord. 2022-21, passed 9-6-22)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BAR.” An establishment that is devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
“BUSINESS.” A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. This definition does not include “HOME OCCUPATIONS,” as set forth in Chapter 154
, Article IX, § 9.11
of the Dayton code of ordinances.
“ELECTRONIC SMOKING DEVICE.” Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
“EMPLOYEE.” A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, including a contract employee, or a person who volunteers his or her services for a non-profit entity.
“EMPLOYER.” A person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
“ENCLOSED AREA.” All space between a floor and a ceiling that has forty percent (40%) or more of its perimeter closed in by walls or other coverings of any material, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
“HEALTHCARE FACILITY.” An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
“HOOKAH.” A water pipe and any associated products and devices which are used to produce fumes, smoke, and/or aerosol from the burning or heating of material including, but not limited to, tobacco, shisha, or other plant matter.
“PLACE OF EMPLOYMENT.” An area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a “PLACE OF EMPLOYMENT” unless it is used as a childcare, adult day care, or health care facility.
“PLAYGROUND.” Any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public grounds.
“PRIVATE CLUB.” An organization, whether incorporated or not, which the owner, lessee, or occupant of a building or portion thereof uses exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
“PUBLIC EVENT.” An event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.
“PUBLIC PLACE.” An area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gambling facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “PUBLIC PLACE” unless it is used as a childcare, adult daycare, or healthcare facility.
“REASONABLE DISTANCE.” For purposes of outdoor smoking under §§ 117.08
and 117.09
, a reasonable distance between an individual who is smoking and a child or adult who is not smoking (“NONSMOKERS”), taking into consideration atmospheric conditions, such as wind and precipitation, and the confines of the outdoor space, but at no time shall the outdoor smoker be closer than ten (10) feet to nonsmokers.
“RECREATIONAL AREA.” Any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos.
“RESTAURANT.” An eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public-school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “RESTAURANT” shall include any bar area(s) within the restaurant.
“SERVICE LINE.” An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
“SHOPPING MALL.” An enclosed or unenclosed public walkway or hall area that serves to connect retail or professional establishments.
“SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. “SMOKING includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.
(Ord. 2022-21, passed 9-6-22)
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