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(A) The Board of Commissioners finds that:
(1) In June 2006 the U.S. Surgeon General issued a report reviewing the health consequences of involuntary exposure to tobacco smoke. The report concluded that:
(a) Secondhand smoke causes premature death and disease in children and adults who do not smoke;
(b) Children exposed to secondhand smoke are at an increased risk for sudden death syndrome (SIDS), acute respiratory infections, ear problems and more severe asthma;
(c) Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer;
(d) The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke;
(e) Many millions of Americans, both children and adults, are still exposed to secondhand smoke;
(f) Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to second hand smoke.
(2) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution. Breathing secondhand smoke is a cause of disease in healthy nonsmokers. These diseases include heart disease, stroke, respiratory disease and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually. (National Cancer Institute (NCI), “Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10,” Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999.)
(3) The Public Health Service’s National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), “Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens,” U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005.)
(4) Secondhand smoke is particularly hazardous to the elderly, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. (California Environmental Protection Agency (Cal EPA), “Health effects of exposure to environmental tobacco smoke”, Tobacco Control 6(4): 346-353, Winter, 1997.)
(5) The Americans with Disabilities Act, which mandates access to public places and workplaces for persons with disabilities, deems impaired respiratory function to be a disability. (Daynard, R.A., “Environmental tobacco smoke and the Americans with Disabilities Act,” Nonsmokers’ Voice 15(1):8-9.)
(6) The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. (Environmental Protection Agency (EPA), “Indoor air facts no. 5 environmental tobacco smoke,” Washington, D.C.: Environmental Protection Agency (EPA), June 1989.)
(7) The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one (1) or two (2) cigarettes a days and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, “Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke?” British Medical Journal, 328: 980-983, April 24, 2004.)
(8) 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 (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C. Skoumas, J; Tzioumis, K; Stefanadis, C.; Toutonzas, 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.)
(9) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke. (“The high price of cigarette smoking,” Business & Health 15(8), Supplement A: 6-9, August 1997.)
(10) A study of hospital admissions for acute myocardial infarction in Helena, Montana before, during, and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease. (Sargent, Richard P.; Shepard, Robert M.; Glantz, Stanton A., “Reduced incidence of admissions for myocardial infarction associated with public smoking ban: before and after study,” British Medical Journal 328: 977980, April 24, 2004.)
(11) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or appositive economic impact after enactment of laws requiring workplaces to be smoke-free. Creation of smoke-free workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A.; Smith, L., The Effect of Ordinances Requiring Smoke-Free Restaurants on Restaurant Sales in the United States. American Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., “The economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health,” GPI Atlantic, September 2001.)
(12) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures cause economic damage to business health 15(8), Supplement A: 6-9, August 1997.)
(13) The smoking of tobacco is a form of air pollution, a danger to health and a material public nuisance.
(14) The use of electronic smoking devices has increased significantly in recent years, as evidenced by the fact that:
(a) Between 2011 and 2012 the percentage of all youth in grades 6 to 12 who had tried electronic smoking devices doubled;
(b) Six and eight tenths percent (6.8%) of all youth between sixth and twelfth grades report trying electronic smoking devices;
(c) Ten percent (10%) of high school students have tried electronic smoking devices;
(d) Nine and three tenths percent (9.3%) of youth who have used electronic smoking devices have never smoked conventional cigarettes; and
(e) Between 2010 and 2011, rates of both awareness and use of unregulated electronic smoking devices by adults also increased significantly.
(15) Existing studies on electronic smoking devices’ vapor emissions and cartridge contents have found a number of dangerous substances including:
(a) Chemicals known to the State of California to cause cancer such as formaldehyde, acetaldehyde, lead, nickel, and chromium; PM2.5, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from heart attacks and stroke;
(b) Inconsistent labeling of nicotine levels in electronic smoking device products; and
(c) In one (1) instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.
(16) More than one (1) study has concluded that exposure to vapor from electronic smoking devices may cause passive or secondhand vaping.
(17) Some cartridges used by electronic smoking devices can be re-filled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine, and as a result:
(a) Poisonings from electronic smoking devices have increased dramatically in the last three and a half (3 ½) years from “one (1) a month in September 2010 to two hundred and fifteen (215) a month in February 2014;" and
(b) Analysis of reports of poisonings from electronic smoking devices finds that calls reporting exposure to electronic smoking devices are much more likely to involve adverse health effects when compared to calls reporting exposure to conventional cigarettes.
(18) Clinical studies about the safety and efficacy of these products have not been submitted to the FDA for the more than four hundred (400) brands of electronic smoking devices that are on the market and for this reason, consumers currently have no way of knowing:
(a) Whether electronic smoking devices are safe;
(b) What types or concentrations of potentially harmful chemicals the products contain; and
(c) What dose of nicotine the products deliver.
(19) The World Health Organization has strongly advised consumers against the use of electronic smoking devices until they are “deemed safe and effective and of acceptable quality by a competent national regulatory body.”
(20) The World Medical Association has determined that electronic smoking devices “are comparable to scientifically-proven methods of smoking cessation” and that “neither their value as therapeutic aids for smoking cessation nor their safety as cigarette replacements is established.”
(21) A study published in the Journal of Environmental and Public Health suggests that electronic smoking devices “may have the capacity to ‘re-normalize’ tobacco use in a demographic that has had significant denormalization of tobacco use previously.”
(22) Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products.
(23) The use of electronic smoking devices in smoke-free locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.
(B) The Board of Commissioners adopts the foregoing findings of fact as the Board’s basis for its action, and states that the purpose of the adoption of this chapter is:
(1) To protect the public health and welfare of those we serve but more important our children by prohibiting smoking and the use of electronic smoking devices in public places and places of employment; and
(2) To guarantee the right of nonsmokers to breathe smoke-free air; and
(3) To recognize that the public’s need to breathe smoke-free air shall have priority over the individual’s desire to smoke.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2016-004, passed 3-28-16)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARENA. Ballparks, sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports or other events such as music concerts, plays or public performances.
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.
ELECTRONIC SMOKING DEVICE. An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
ELECTRONIC SMOKING DEVICE PARAPHERNALIA. A cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.
EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and 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 (1) or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid doors, walls and/or windows, which the combination of extend from the floor to the ceiling.
FREESTANDING BAR. An establishment within a building that is not a restaurant nor an attached bar, as those terms are defined herein, has a current distilled spirits and wine retail drink license, restaurant drink license, restaurant wine license or malt beverage license issued by the Commonwealth of Kentucky and City of Pikeville government and serves alcoholic beverages for consumption by guests/patrons within a totally enclosed area as defined herein.
HEALTH CARE 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, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, 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.
PLACE OF EMPLOYMENT. An area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a childcare, adult day care, or health care facility.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used 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 at an annual meeting. 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. § 501.
PUBLIC PLACE. An enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, hotel and motel lobbies, laundromats, polling places, public transportation facilities and vehicles, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, sports arenas, theaters, service lines and waiting rooms. A private club is a PUBLIC PLACE when being used for a function to which the general public is invited. A private residence is not a PUBLIC PLACE unless it is used as a childcare, adult day care, or health care facility.
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 except a free standing bar as defined herein where all employee, guest or patrons must be at least twenty-one (21) years of age to enter.
RETAIL TOBACCO STORE. Facilities that are owned or leased by tobacco manufacturers or wholesalers for the promotion, testing, research and/or development of tobacco products. For the purposes of this chapter, a tobacco manufacturer or wholesaler shall be an establishment that generates seventy-five percent (75%) or more of its total annual gross revenues from the sale of tobacco products. This would include newsstands, but does not include grocery stores, restaurants or drugstores.
SERVICE LINE. An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind or purchasing items, whether or not the service involves the exchange of money.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation product, in any manner or in any form.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2010-024, passed 11-8-10; Am. Ord. 0-2016-004, passed 3-28-16)
(A) Smoking policies concerning facilities owned or operated by the city, county or the state shall be governed by regulations adopted in compliance with KRS 61.165. To the degree not in conflict with this statute or other existing statutory scheme affecting such facilities, this chapter shall apply.
(B) All City of Pikeville government building and maintenance facilities have been and will continue to be smoke-free facilities.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07) Penalty, see § 121.99
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