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� � � �� Document 7 �� }� ORDINANCE N0. 2004 — 34 + � AN ORDINANCE PROHIBITING SMOKING 1N PUBLIC PLACES � AND PLACES OF WORK �� � The City Council of the City of Bloomington hereby ordains: Section L That Chapter 12 of the City Code is hereby amended to read as follows: CHAPTER 12 PUBLIC PEACE AND SAFETY ARTICLE II. PROHIBITED CONDUCT Division 0. Srnokina Prohibited SEC.12.79. [�E�B� FINDINGS OF FACT AND PURPOSE. The Citv Council finds that: fa5 Tobacco smoke is a leadina cause of disease in nonsmokers and a maior source of indoor air pollution. Secondhand smoke causes heart disease. �uno cancer. res�iratorv infections. decreased respiratorv function. reor�d�cti�,+� problems and other health problems. Secondhand smoke kills an estimated 35.000 to 62.000 Americans each vear from heart disease. Secondhand smoke also causes an estimated 3.000 luna cancer deaths in America each vear. �1 These adverse health effects are well documented and numerous medical and scientific authorities. includina the American Medical Association, the Suraeon General, the National Institute on Occupational Safetv and Health, the National Cancer Institute, the Environmental Protection Aaencv. the National Academv of Sciences. the National Toxicoloav Proaram and the World Health Oraanization have recoanized the deadlv effects of exposure to secondhand smoke. (cl There is no safe level of exposure to tobacco smoke. Neither the separation of smokers and nonsmokers. nor the introduction of new ventilation svstems. can eliminatethe health hazards caused bv secondhand smoke. j�y �ml�� in smokv workplaces are at special risk. One studv has estimated that workina in a smokv settina for eiaht hours is eauivalent to smokina 16 ciaarettes. Also at soecial risk are children, elderlv peoqle, and those with cardiovasculardisease or impaired respiratorv function, includina people with asthma and those with obstructiveairwav disease. rP� Obiective evidence does not bear out the fear that elimination of oublic smokina will harm a communitv's economv or result in a net loss of iobs in restaurants and bars. On the contrarv. manv independent economic studies have shown that the elimination of smokina has no material economic impact on a communitv. These studies are drawn from the experience of hundreds of communities that have successfullv eliminated smokina in wa�icnlar.es and oubli� places. The states of California. Connecticut. Delaware. Maine. Massachusetts. and NewYork have adopted laws endina all smokina in bars. restaurants. and other qublic places. as have the nations of Ireland. New �ealand and Norwav. ifl Bv reducina the exposure of vouna peoQle to adult smokina and unhealthv role modelinQ, elimination of smokina in �ublic places furthers Minnesota's aoal of reducina vouth smokinq. !,•, There is no leqal or constitutional'riaht to smoke." Business owners have no leaal or constitutional riaht to exange a emolov�ees an� cusham+erg to tcxic �r�mic.8lg. wl - a n tobacco smoke or Therefore, the Citv Council declares that the purpose of this ordinance is to: 1 Protectthe pub{ic health, safetv and welfare bv better insurin4 the abilitv of citizens to breathe safe and uncontaminated air: (21 Affirm that the riaht to breathe has orioritv over the desire to smoke: and (�1 Protect vulnerable populations includina emplovees. children. the elderlv and those with chronic health conditions.