Incident to the adoption of this chapter, the York County Council, as the governing body of York County, South Carolina, makes the following findings:
(A) York County is a body politic and political subdivision of the State of South Carolina and as such possesses all powers granted to counties by the Constitution and the laws of the State of South Carolina including the powers enumerated in S.C. Code §§ 4-9-10 et seq. The York County Council is authorized and empowered to enact regulations, resolutions and ordinances in relation to health and order in counties or respecting any subject as appears to them necessary or proper for the security, general welfare and convenience of counties or for preserving health, peace, order and good government in them as provided in S.C. Code §§ 4-9-10 et seq., as amended, including S.C. Code § 4-9-25 thereof and the general law.
(B) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing second hand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute has determined 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.]. The Surgeon General has declared that (i) secondhand smoke causes disease and premature death in nonsmokers exposed to smoke; (ii) children exposed to secondhand smoke have an increased risk for sudden death syndrome, acute respiratory infections, ear problems, and more severe asthma; (iii) adults exposed to secondary smoke have a higher risk of coronary heart disease and lung cancer, (iv) there is no safe level of exposure to second hand smoke, and (v) separating smoking and non smoking sections of indoor areas does not sufficiently remove the threats of secondhand smoke in enclosed areas.
(C) A significant amount of second hand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% 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.; Chrysohoon, C; Skoumas, J.; Tzioumis, K.; Stefanadis, C; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARIO2000 case-control study, "Tobacco Control" 11(33): 220-225, September 2002.)
(D) 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.)
(E) When there is a presence of second hand smoke in enclosed spaces or in outside areas where there is a public gathering resulting in people being in close proximity in places that are otherwise open to the public at large persons who do not smoke are forced to bear unwarranted health risks and inappropriate deprivation of peaceful enjoyment of the premises to which they have been invited or permitted to enter, even when steps have been taken to separate "smoking" and "nonsmoking" areas within the confined space.
(F) The county recognizes that smoke creates a danger to the health and safety of the public at large and that, in order to protect the health and welfare of the public, it is necessary to restrict smoking in the manner provided for in this chapter (the "Ordinance").
(Ord. 909, passed 2-2-09)