Public Hearing Regarding Prohibiting Smoking on City-Owned Property Proposed Ban Includes All Parks Properties

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1 PUBLIC WORKS DEPARTMENT 555 Liberty Street SE / Room 325 Salem OR Phone Fax FOR IMMEDIATE RELEASE DATE: Tuesday, May 19, 2015 CONTACT PERSON: Robert Chandler, Ph.D., P.E., Assistant Public Works Director City of Salem Public Works Department , rchandler@cityofsalem.net Public Hearing Regarding Proposed Ban Includes All Parks Properties Salem City Council will hold a public hearing on Tuesday, May 26, 2015, on Ordinance Bill No , which amends Salem Revised Code (SRC) Chapter 45, Smoking. If enacted, this bill will result in smoking being prohibited on all City-owned property, including parks and other outdoor areas owned by the City, except for City rights-of way. The public hearing will be held in the Council Chambers at the Civic Center, located at 555 Liberty Street SE, Salem, Oregon. Any person wishing to speak either for or against the proposed ordinance may do so in person or by attorney at the public hearing. Written statements may be filed with the City Recorder, 555 Liberty Street SE, Room 205, Salem, Oregon 97301, prior to 5 p.m. on Tuesday, May 26, Among the City-owned properties that will be regulated by the proposed ordinance include: the Civic Center campus, including Peace Plaza and the library parking garage; City parks and associated bridges, trails and walking paths; fire stations; Marion, Pringle, Chemeketa, and Liberty parkades; City shops complex; Willow Lake Water Pollution Control Facility; Geren Island Water Treatment Facility; all pump stations and reservoirs; Salem Municipal Airport; and Center 50+. The ban applies to electronic cigarettes and includes all forms of tobacco, cannabis products, weeds, and any plant capable of being smoked. The proposed ordinance applies to all persons who are on City-owned property, regardless of whether they are inside or outside of a private vehicle. The penalty for the first infraction can be no more than $50. The penalty for the second infraction can be no more than $150. The penalty for the third or subsequent infraction can be no more than $250. Engineering Division Parks and Transportation Services Division Operations Division th Street SE / Building 2 Salem OR Parks Operations th Street SE / Building 14 Salem OR Willow Lake Water Pollution Control Facility 5915 Windsor Island Road N 555 Liberty Street SE / Room 325 Phone Phone Keizer OR Salem OR Fax Fax Phone Phone Fax Fax ADA Accommodations Will Be Provided Upon Request

2 Press Release Public Hearing Regarding May 19, 2015 Page 2 The proposed ordinance does not currently apply to City-owned property located in the public right-of-way. However, in December 2014, City approved an ordinance creating Salem Revised Code Chapter 45, Smoking. This ordinance contains criteria and procedures for eligible owners wanting to extend the boundaries of their smoke-free zone to the abutting sidewalk or planting strip. If Council enacts the smoke-free ordinance as drafted, Council could then direct the Public Works Director to extend the smoke-free prohibitions to the sidewalks and planting strips following the procedures contained in SRC Chapter 45. Alternatively, Council can amend the proposed ordinance during deliberations so that it includes all sidewalks and planting strips abutting City-owned property. The proposed ordinance does not apply to property owned by the Urban Renewal Agency, which includes the Salem Convention Center, or property owned by the Salem Housing Authority. Nor will the proposed ordinance apply to properties owned by the City of Salem and leased to other entities. The proposed ordinance will become effective 60 days after it is adopted by Council. Written statements may be ed to the City Recorder at CityRecorder@cityofsalem.net. If you wish to contact all members of the City Council, you may send an to Citycouncil@cityofsalem.net. If you would like to contact the Councilor for your ward, a ward map is provided on the City s website: Contact information for Councilors is at: A list of Questions and Answers is attached and is available on the City of Salem homepage under the What s New section. The staff report from the May 11, 2015, meeting is available at: # # #

3 Questions & Answers ORDINANCE BILL NO Updated May 18, 2015

4 Questions & Answers on Ordinance Bill No Overview: On May 11, 2015, Salem City Council voted to hold a public hearing on May 26, 2015, on Ordinance Bill No , which amends Salem Revised Code (SRC) Chapter 45, Smoking. If adopted, this bill will result in smoking being prohibited on all City-owned property, including parks and other outdoor areas owned by the City, except for City rights-of way not otherwise regulated by SRC Chapter 45. The staff report from the May 11 meeting is available at: 1. What does the proposed ordinance do? The proposed ordinance will establish all City-owned property as smoke-free. 2. What are examples of City-owned property where the proposed ordinance will apply? Among the City-owned properties that will be regulated by the proposed ordinance: Civic Center Campus, including Peace Pump stations and reservoirs; Plaza and the Library parking garage; City facilities, including Willow Lake City parks and associated bridges, trails, Water Pollution Control Facility and and walking paths; Geren Island Water Treatment Fire stations; Facility; Marion, Pringle, Chemeketa, and Liberty The Salem Municipal Airport; and Parkades; Center 50+ City shops complex; City-owned open spaces and undeveloped parks; 3. Does the proposed ordinance apply to electronic cigarettes? Yes. Salem Revised Code Chapter 45 defines smoking to be the possession of any lighted pipe, lighted cigar, the use of an electronic cigarette or a similar device intended to emulate smoking, which permits a person to inhale vapors or mists that may or may not include nicotine, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, any tobacco or cannabis product, or any other weed or plant capable of being smoked. 4. Does the proposed ordinance apply to marijuana? Yes. The definition for smoking in the proposed ordinance specifically includes tobacco, cannabis products, weeds, and any plant capable of being smoked. 5. What is the proposed penalty for smoking on City-owned property? The penalty for the first infraction can be no more than $50. The penalty for the second infraction can be no more than $150. The penalty for the third or subsequent infraction can be no more than $250. Page 1 of 4

5 Frequently Asked Questions Ordinance Bill Who can enforce the no smoking ordinance? The no smoking ordinance can be enforced by officers of the Salem Police Department and by reserve police officers of the City who have been specifically appointed to enforce this chapter of the Salem Revised Code. 7. Can one smoke in a private vehicle parked on City-owned property? No. The proposed ordinance applies to all persons who are on City-owned property, regardless of whether they are inside or outside of a private vehicle. 8. Does the proposed ordinance apply to sidewalks abutting City-owned property? No. The proposed ordinance does not apply to City-owned property located in the public rightof-way. 9. Can Council extend the no smoking area to sidewalks abutting City-owned property? Yes. In December 2014, City approved an ordinance creating Salem Revised Code Chapter 45 (Smoking). This ordinance contains criteria and procedures for eligible owners wanting to extend the boundaries of their smoke-free zone to the abutting sidewalk or planting strip. If Council enacts the smoke-free ordinance as drafted, Council could then direct the Public Works Director to extend the smoke-free prohibitions to the sidewalks and planting strips following the procedures contained in SRC Chapter 45. Alternatively, Council can amend the proposed ordinance during deliberations so that it includes all sidewalks and planting strips abutting Cityowned property. 10. Does the proposed ordinance allow designated smoking areas on City-owned property? No. There are no provisions in the draft ordinance that allow for smoking areas to be designated on City-owned property. 11. Does the proposed ordinance apply to parking lots located on City-owned property? Yes. The proposed ordinance applies to parking lots located on City-owned property. 12. Will the proposed ordinance apply to property owned by the Urban Renewal Agency? No. The proposed ordinance does not apply to property owned by the Urban Renewal Agency, which includes the Salem Convention Center. 13. Will the proposed ordinance apply to property owned by the Salem Housing Authority? No. The proposed ordinance does not apply to property owned by the Salem Housing Authority. Page 2 of 4

6 Frequently Asked Questions Ordinance Bill Does the proposed ordinance address smoking within buildings? No. Smoking within buildings is already prohibited by state law, which prohibits smoking within a workplace, and within 10 feet of a public entrance. 15. Does the proposed ordinance apply to properties leased by the City? No. Regarding property leased by the City, the City, as a tenant, does not have authority to prohibit conduct within common areas that are not owned by the City. 16. What other jurisdictions have ordinances that bar smoking on their properties? On January 14, 2015, Marion County Commissioners passed an ordinance banning smoking on all county property, including parks, parking lots, and areas around county offices. Of the 36 counties in Oregon, seven other counties bar tobacco use on properties: Washington, Umatilla, Benton, Multnomah, Clatsop, Hood River, and Deschutes. The City of Keizer has considered banning smoking in its city parks, but has not enacted regulations to that effect. Among the jurisdictions in Oregon that have some form of smoke- or tobacco-free parks ordinances are: Ashland, Baker, Bandon, Beaverton, Bend, Coos Bay, Corvallis, Dallas, Forest Grove, Happy Valley, Hillsboro, Independence, Lake Oswego, Lebanon, Lincoln City, Medford, McMinnville, Newport, North Plains, Rainier, Pendleton, Portland, Prineville, Sherwood, Stayton, Tualatin, and Wilsonville. At the state level, the Oregon Parks and Recreation Commission voted in February 2014 to ban smoking in all Oregon State Parks except in personal vehicles and at developed overnight camping areas. 17. How do I provide comments regarding the proposed ordinance? The Salem City Council will hold a public hearing at 6:30 p.m. on Tuesday, May 26, 2015, for the purpose of considering adopting Ordinance Bill No Any person wishing to speak either for or against the proposed ordinance may do so in person or by attorney at the public hearing. Written statements may be filed with the City Recorder, 555 Liberty Street SE, Room 205, Salem, Oregon 97301, prior to 5 p.m. on Tuesday, May 26, Written statements may be ed to the City Recorder at CityRecorder@cityofsalem.net. If you wish to contact all members of the City Council, you may send an to Citycouncil@cityofsalem.net. If you would like to contact the Councilor for your ward, a ward map is provided on the City s website: Contact information for Councilors is at: Page 3 of 4

7 Frequently Asked Questions Ordinance Bill If passed, when will the proposed ordinance become effective? The proposed ordinance will become effective 60 days after it is adopted by Council. Prepared for City Council by Robert D. Chandler, Ph.D., P.E., Assistant Public Works Director Page 4 of 4