Fall Budget/Planning Retreat

Transcription

1 Fall Budget/Planning Retreat November 29 th, 2017 County Council Conference Room 7:30-8:30 Breakfast 8:30-8:35 Call to order /Chairman Lazarus Invocation 8:35-10:00 Financial Update/Barry Spivey Solid Waste Fund Stormwater Fund/Tom Garigen Recreation Fund/Paul McCulloch COAST RTA/ Justin Powell 10:00-10:30 Growth Summary/Chris Eldridge Impact Fees/ Janet Carter 10:30-10:45 BREAK 10:45-1:00 Strategic Planning Discussion/Bill Tomes & Jon Pierce i. Current Progress ii. Survey Results iii. Moving Forward 1:00-1:45 Lunch 1:45-2:45 CIP/ Barry Spivey Project Review Airport/Scott Van Moppes Emergency Operations Center/Randy Webster 2:45-3:00 Tobacco Free Ordinance/Joe Huffman First Reading- Ordinance to make Horry County property tobacco free and to establish penalties for violations thereof. 3:00 Adjourn

2 COUNTY OF HORRY ) ORDINANCE NO STATE OF SOUTH CAROLINA ) AN ORDINANCE TO MAKE HORRY COUNTY PROPERTY TOBACCO FREE AND TO ESTABLISH PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, Horry County Council is dedicated to providing a safe, healthy and comfortable environment for its employees and members of the public who may access its facilities; and WHEREAS, it has been determined that smoking, nicotine and the use of other tobacco products are hazardous to health and produce harmful effects; and WHEREAS, County Council is of the opinion that it is in the best interests of its citizens to amend the County Code to formally adopt a tobacco-free policy for property owned by Horry County. NOW, THEREFORE, by the power and authority granted to the Horry County Council by the Constitution of the State of South Carolina and the powers granted to the County by the General Assembly of the State, the following hereby is ordained and enacted: 1. Chapter 20 of the Horry County Code of Ordinances, entitled Public Nuisances and Infractions, shall be revised and amended as follows: the existing Articles III, IV, V, VI, VII, and VIII are hereby deleted; Article IX shall now be Article III and is renamed Specifically Proscribed Conduct ; and the following provisions shall be added: CHAPTER 20 ARTICLE III SPECIFICALLY PROSCRIBED CONDUCT Secs through Tobacco Use on County Property Sec Purpose, Findings, and Rationale Sec Definitions Sec Tobacco Use on County Property, Generally Sec Vehicles Sec Employees Sec Penalties and Enforcement Sec Purpose, Findings, and Rationale (a) Purpose. It is the purpose of this article to regulate the use of tobacco on property owned, leased, or operated by Horry County Government in order to promote the health, safety, and general welfare of employees and members of the public who may visit Horry County government offices, facilities, or properties. (b) Findings and Rationale. The U.S. Department of Health and Human Services reports that 480,000 people die prematurely in the United States from smokingrelated diseases every year, making tobacco use the nation s leading cause of preventable death. The U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and that tobacco use can cause disease in nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease

3 deaths, and 32 percent of coronary heart disease deaths. The National Cancer Institute and other studies report that smokeless tobacco use is associated with oral, esophageal, and pancreatic cancers, and leads to increased risk for heart disease and stroke. The Centers for Disease Control estimates that since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke. Studies report that smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the hazardous range on the United States EPA s Air Quality Index. As such, County Council finds: (1) Tobacco use is detrimental to the health of employees and members of the public utilizing County government facilities, and can create adverse health consequences even for non-users. (2) The South Carolina Supreme Court has upheld government restrictions on the use of tobacco. (3) There is no constitutional right to the use of tobacco or tobacco products. The County hereby adopts and incorporates herein its stated findings and legislative record related to the adverse effects of tobacco use. Sec Definitions For the purposes of this article: (a) Electronic Smoking Device means 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.; (b) Employee means any person who works on a full-time, part-time, or temporary basis for Horry County Government. Employee does not include any independent contractor, agent, lessee, or other member of the general public. (c) Smoking means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation.; (d) Tobacco Product means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) Any Electronic Smoking Device.

4 (3) Notwithstanding any provision of subsections (1) and (2) to the contrary, Tobacco Product includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. Tobacco Product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. Sec Tobacco Use on County Property, Generally Smoking and/or use of any Tobacco Product is strictly prohibited on all Horry County Government properties, whether owned, leased, or operated, including but not limited to, offices, buildings, entryways, decks, patios and exits, parking lots, common areas, outside stairways, and parks and recreation areas, including parks, fields or facilities. No Tobacco Product shall be in open view while on Horry County Government properties. In that properties managed by the Horry County Department of Airports are regulated by the FAA and other Federal, State, and/or County ordinances, all such properties are specifically exempt from this section. Sec Vehicles (a) County vehicles. Smoking or the use of any Tobacco Product is prohibited at all times and locations in vehicles owned or leased by Horry County Government. (b) Private vehicles. Smoking or the use of any Tobacco Product is permitted in private vehicles parked on Horry County property only where such use is confined to enclosed areas of the vehicle and not exposed to open air (i.e. windows up, doors closed, etc.). Sec Employees (a) Horry County is committed to assisting its employees with cessation of the use of Tobacco Products. The State Health Plan participates in this initiative by providing employees with a Non-Tobacco User premium, a financial incentive for those employees who do not use Tobacco Products. In addition, Horry County Government provides cost-free access to the Employee Assistance Program and the opportunity to participate in smoking cessation programs to provide support to employees who wish to cease tobacco use. In addition, Horry County Government will sponsor educational events to support cessation of Tobacco Product use. (b) (c) Employees of Horry County Government will not receive any paid breaks for Smoking or the use of any Tobacco Product. Employees of Horry County Government are expected to comply with this article as a condition of continued employment, and in addition to the enforcement provisions contained within this article, violations by employees will be subject to corrective action up to and including termination. Sec Penalties and Enforcement A person who violates any of the provisions of this article shall have committed an infraction, punishable by the imposition of a fee of not less than $10.00 nor more than $25.00 per occurrence.

5 2. SEVERABILITY. If any Section, Subsection, or part of this Ordinance shall be deemed or found to conflict with a provision of South Carolina law, or other pre-emptive legal principle, then that Section, Sub-section or part of this Ordinance shall be deemed ineffective, but the remaining parts of this Ordinance shall remain in full force and effect. 3. CONFLICT WITH PRECEDING ORDINANCES. If a Section, Sub-section or provision of this Ordinance shall conflict with the provisions of a Section, Sub-section or part of a preceding Ordinance of Horry County, unless expressly so providing, then the preceding Section, Sub-section or part shall be deemed repealed and no longer in effect. 4. EFFECTIVE DATE. This Ordinance shall become effective on Third Reading. AND IT IS SO ORDAINED, ENACTED AND ORDERED. Dated this day of, 20. HORRY COUNTY COUNCIL Mark Lazarus, Chairman Harold G. Worley, District 1 Harold Phillips, District 7 Bill Howard, District 2 Johnny Vaught, District 8 Dennis DiSabato, District 3 W. Paul Prince, District 9 Gary Loftus, District 4 Danny Hardee, District 10 Tyler Servant, District 5 Al Allen, District 11 Cam Crawford, District 6 Attest: Patricia S. Hartley, Clerk to Council First Reading: Second Reading: Third Reading: