A. The common council hereby finds that:
1. It is recognized that smoking of cigarettes and tobacco products is hazardous to an individual's health and may affect the health of nonsmokers when they are involuntarily in the presence of smoking.
2. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution.
3. Reliable scientific studies, including studies conducted by the surgeon general of the United States, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers, particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
4. Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction and bronchospasm.
5. Reliable scientific studies assessed by the California environmental protection agency have found that sidestream and secondhand tobacco smoke is a leading cause of premature death and disability among nonsmokers.
6. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort to nonsmokers.
B. This chapter is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the city, especially recognizing the rights of nonsmokers who constitute a majority of the population, educating citizens affected by this chapter, and assisting owners, operators, and managers in maintaining compliance. (Ord. 2006-16, 8-7-2006)