(A) The City Council finds that:
(1) Tobacco smoke is a leading cause of disease in non-smokers and a major source of indoor air pollution. Secondhand smoke causes premature death and disease in children and in adults. Secondhand smoke causes heart disease, lung cancer, respiratory infections, decreased respiratory function and other health problems;
(2) In a 2006 report of the United States Surgeon General, U.S. Surgeon General Carmona concluded that “exposure to secondhand smoke remains an alarming public health hazard” and that “more than 126 million non-smokers are still exposed”;
(3) Numerous nationally recognized medical and scientific authorities, including the American Medical Association, the U.S. Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program and the World Health Organization, have issued reports and health advisories addressing the adverse effects of exposure to secondhand smoke;
(4) It is estimated between 24,300 and 71,900 low birth weight or pre-term deliveries, about 202,300 episodes of childhood asthma (new cases and exacerbations), between 150,000 and 300,000 cases of lower respiratory illness in children, and about 789,700 cases of middle ear infections in children occur in the United States each year as a result of exposure to secondhand smoke;
(5) It is estimated that in the United States secondhand smoke causes about 46,000 (a range of 22,700 to 69,600) deaths per year from cardiac-related illnesses (including 700 to 1,240 deaths among Minnesotans) and 3,400 deaths per year from lung cancer;
(6) There is no known safe level of exposure to secondhand smoke; neither the separation of smokers and non-smokers nor the introduction of new ventilation systems can eliminate the health hazards caused by secondhand smoke. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. Eliminating smoking in indoor spaces protects non-smokers from exposure to secondhand smoke. Separating smokers from non-smokers, cleaning the air or ventilating buildings cannot eliminate exposure of non-smokers to secondhand smoke. The only means of effectively eliminating health risks associated with indoor exposure is to prohibit smoking;
(7) Objective evidence does not support fears that restricting smoking in enclosed, indoor areas will harm a community’s economy. On the contrary, many independent economic studies have shown that the elimination of smoking has no material economic impact on a community. These studies have drawn from the experience of hundreds of communities that successfully eliminated smoking in workplaces and public places. Numerous U.S. cities, counties and states and many nations have adopted laws ending all smoking in bars, restaurants and other public places;
(8) Business owners have no legal or constitutional right to expose their employees and customers to airborne toxins, such as those found in secondhand smoke. On the contrary, employers have a common law duty to provide workers with a workplace that is not unreasonably dangerous;
(9) Restricting smoke in public places and places of work can help to model smoke-free behavior and to reduce youth exposure to secondhand smoke; and
(10) Public health policies, ordinances and other laws are part of the system by which people learn behaviors, guide youth, reduce health threats and reinforce community norms that support the public’s health.
(B) Accordingly, the City Council finds and declares that the purpose of this subchapter is to:
(1) Protect vulnerable populations, including employees, children, the elderly and those with chronic health conditions;
(2) Affirm that the right to breathe has priority over the desire to smoke; and
(3) Protect the public health, welfare and safety by better ensuring the ability of citizens to breathe safe and uncontaminated air.
(2004 Code, § 113.20) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007)