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HomeMy WebLinkAboutMN-SMOKINGCOMM-2008-06-17 REGULATION OF OUTDOOR SMOKING -- Subcommittee Action Through 6/17/08 (per DLH notes) _= Changes made at 6/17 meeting shown in bold = PRIMARY PURPOSE: Reduce proximate exposure to 2nd-hand smoke(outdoors) EXPECTATION: Strong reliance on complaint-driven (&peer) enforcement(See NYS law) ALSO: Where City is "giving"something(e.g.,permit), it will apply strictest standards Definitions Needed: - "Dining"(does it include drinking?) - "Entrance"(does it include ramps?) - "Playground"(and what constitutes its boundary) - "School" - "Permit" Questions - Should there be a general(or area-specific)exception for"in-transit" smokers? (Palatine, IL, example) ["Vagueness"problem?] ("...does not apply to any person who is temporarily within the 15-foot area for the purpose of walking through or traversing such area") - At special events/gatherings,should sponsor be allowed to create"designated smoking area(s)"where practicable? (where exposure of nearby non-smokers to 2°d-hand smoke is likely to be nil or slight) - Do City permits(e.g.,for parties)specify the area covered? [KS to investigate] - Enforcement: Against permit holder(or against smoker)? Types of Areas Areas Recommended for Regulation(i.e.,smoking not allowed unless otherwise qualified) A. Areas Where Children Are Most Likely to be Present/Concentrated Al. At or within 25 feet of public playgrounds,pools,rinks and similar outdoor recreational facilities open to the public,designed for or intended for use by children(whether or not owned or operated by City) A2. Outdoor areas(on public property)within 25 feet of any entrance, exit[including ramp?], window or ventilation intake for a licensed child care center that serves more than 20 children [or has more than employees?] [Ask child-care experts.] A3. Outdoor areas(on public property)within 25 feet of any entrance, exit, window or ventilation intake [or property boundary?] for a school or school building. [SM to get ICSD feedback] Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) B. Areas Where the Elderly or Infirm/More Susceptible Are Likely to be Concentrated -- Any specific locations? C. Areas or Events Where Persons Cannot Readily Escape Nearby Second-Hand Smoke Cl. Within or in proximity to outdoor dining areas(on public property): Cla. Within a non-covered(i.e., no roof or ceiling) seating area for outdoor dining and/or drinking that is associated with a restaurant, [and] that is on City property/subject to City license, and that is in use for that purpose C lb. Within any seating area for outdoor dining and/or drinking established or maintained by the City of Ithaca or its agent,and that is in use for that purpose Cl c. On public property,within 25 feet of the perimeter of a seating area for outdoor dining and/or drinking that is open to the public(with or without a fee)and that is in use for that purpose Cl d. On public property, within 25 feet of the area occupied by a mobile vending cart or other mobile vendor C2. At outdoor events(on public property): C2a. Outdoor seating or viewing areas for open-air concerts, dances,parades,other performances, lectures,motion picture or video presentations, or similar open- air presentations,on public property C2b. Outdoor seating or viewing areas associated with unenclosed(or partially enclosed)sports areas or similar open-air recreational facilities,on public property C2c. During outdoor festivals,block parties and similar events,on public property (that portion described in or covered by the City-issued permit),that involve concentrated areas where crowds of participants can be expected to gather/pass through Smoking Subcommittee July 14, 2008 Present: Svante Myrick, Anthony(legal intern), Khandikile, Ted Schiele, Dan Cogan, Eric Rosario, J.R. Clairborne; Dan Hoffman We reinterated that we wanted to allow permit applications to have a designated smoking area in their permit application. Eric said that we don't need to deal exactly with how this will work operationally at this meeting. We can revisit all of these issues at the end and have Julie be present and she can help clarify by asking us questions that we may not have considered. If you don't seek a smoking area, then it will be a smoke-free event. Perhaps we would say that if something would have otherwise not have been considered a "special event"(needs 3 or more permits), it would have to be a smoke-free event. If they want to obtain a designated smoking area, then that would automatically make it a special event. Khandikile says that we will want to invite Bob Sarachan to a future meeting to help us draft an ordinance that is enforceable and prosecutable. Lou the hot dog vendor told of a story where he asked a person smoking near his cart to stop smoking. The guy said, "I'm allowed to smoke here, aren't I?"Lou said, "yes,but I'm allergic." The guy responded, "I'll be done in a minute."Perhaps if there had been a non-smoking area, there would have been a different outcome. J.R. is concerned that this places an onus on the person who is complaining. Is there some other way? We had a long discussion about this concern. People feel like the most important thing is to have something on the books. In Lou's story above,the smoker was slow to comply with Lou's request because the law allowed him to smoke. . Eric proposed that we should use 10' instead of 25' because it easier for people to gauge. He found it too difficult to determine where 25' is. He said that the indoor clean air act uses 3', and the peer reviewed research we've studied states 6' as the point where secondary smoke no longer is impactful(in situations where there is one single smoker and the wind isn't blowing in the nonsmoker's direction). 10' would represent a reasonable safe distance, tripling what the State requires via the indoor clean air act. Ted countered that 25' is 10 paces and it is virtually a standard. 10' is only 4 steps away, and it is insufficient when there is wind blowing and you are downwind of the cigarette. Svante suggested that people will push the limits, and if it is 25', they will stand 15' away. If it is 10',the people will stand 6' away. Khandikile was worried that our distances need to be defensible. NYC uses 3' and Chautauqua Co. uses 15'. Do we have to do something special to make this defensible? Is it enough for Ted to say that this is practically a standard? Eric asked Committemembers Dan and Svante if they would support 10 ` as it would be more defensible. Svante and Dan restated their support of 25' to present to the rest of Council at the Community and Org. Issues Committee when they consider the ordinance. Eric stated that he would defer to the majority opinion but would restate his support for 10' at the COI. J.R. brought up the issue of whether it was okay to allow smoking outside when the primary purpose was for drinking and not for dining. We again discussed it and reiterated that if we issue a permit for the area, then smoking is prohibited when"being used for its intended purpose."Do we mean that drinking outside is the designated purpose? Eric made the point that smokers have more options. They can stay inside and not smoke, or they can go outside and smoke. A nonsmoker would only have the option to stay inside. So if regardless of what we do we are going to limit options for someone, let's reduce them for the actions tha are impacting the health of others. People want to be outside in the summer, so we should keep that option open for everyone. We agreed to the above, and we agreed that drinking is considered outdoor dining. Eric raised the question of whether we should allow a business the option of making all of their outdoor smoking a smoking area. He was thinking of the State Diner,which seems to use their (unofficial) outdoor dining for their smoking areas. We talked about it and decided that we would not allow businesses to do this. We started to talk about the Commons. Where should it be allowed or prohibited to smoke outside? One option would be to say no smoking within 25' from any operable doorway. But that would exclude virtually the entire commons. Svante said that he would like to say where smoking is allowed rather than where it is prohibited. Ted said that it should be not allowed to smoke in the pavilions, dining areas and playground. Everywhere else smoking would be allowed. This is what was discussed at the Downtown Ithaca Alliance meeting, and he would like to abide by this. Apparently the DIA wants to take an incremental approach, and even though smokers may huddle in the doorways, they want to take it slow. Dan suggests that we could also add in a 10' corridor along the front of the buildings that would also be smoke free. This would allow people to window shop and walk without hitting smokers. Svante said he would still like to specify where it is allowed rather than were it is not. Anthony said that it would help from a constitutional challenge perspective to help a reasonable person know where to smoke. Eric suggests that there are"chimneys"that allow people to smoke in them and sends the smoke up and out. Eric speaks against adding the 10' corridor along the edges of the Commons. He thought it would make the entire primary Commons smoke free de facto. If that's what we're going to do, we should do so explicitly. He supports an incremental approach; however he would add the Bank Alley food vending area to be smoke free. Should not allow smoking when you are waiting in line to get your food, and the food vendors shouldn't have to breathe it. Is it enough to regulate 25' around the mobile carts. We had a discussion of whether the idea of banning smoking in the pavilions is a way to chase away the working class people who disproportionately smoke. The DIA doesn't represent everyone who uses the Commons. Dan pointed out that the pavilions offer shelter from the sun and rain, so they are special and should therefore be kept open for more people. 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REGULATION OF OUTDOOR SMOKING -- Subcommittee Action Through 7/21/08 (per DLH notes) R2r- ---= Changes made or questions raised at 7/21 meeting shown in bold = Fiq 110X PRIMARY PURPOSE: Reduce proximate exposure to 2"d-hand smoke(outdoors) EXPECTATION: Strong reliance on complaint-driven (&peer) enforcement(See NYS law) Enforcement generally would be against the smoker, not the permit holder. ALSO: Where City is `giving"something(e.g.,permit), it will apply strictest standards ENFORCEMENT: Intention that when police find a person smoking in non-smoking area, they will first direct them to move to an area where smoking is permitted;failure to comply=citation. Definitions Needed: - "Dining"(includes drinking) - "Entrance"(does it include ramps?) - "Ithaca Commons"(does it include secondary Commons?) - "Pavilion"—includes entire roofed area? - "Playground"(and what constitutes its boundary) - "Permit" - "School" - "Smoking"—holding a lit cigarette,etc? Questions/Tasks - Should there be a general(or area-specific)exception for"in-transit"smokers? (Palatine, IL,example) [Consider for each area,after concepts] ("...does not apply to any person who is temporarily within the 15-foot area for the purpose of walking through or traversing such area") - Get copy of(new)IC smoking regulations. [Ted S] - Should residents on Commons have special dispensation to smoke outside their buildings,even in no-smoking zone? Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) A. Areas Where Children Are Most Likely to be Present/Concentrated Al. At or within 25 feet of public playgrounds,pools,rinks and similar outdoor recreational facilities open to the public,designed for or intended for use by children(whether or not owned or operated by City) A2. Outdoor areas(on public property)within 25 feet of any entrance, exit[including ramp?], window or ventilation intake for a licensed child care center that serves more than 20 children[or has more than_employees?] [Ask child-care experts] A3. Outdoor areas(on public property)within 25 feet of any entrance, exit, window or ventilation intake [or property boundary?] for a school or school building. [SM to get ICSD feedback.] Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) B. Areas Where the Elderly or Infirm/More Susceptible Are Likely to be Concentrated -- Any specific locations? C. Areas or Events Where Persons Cannot Readily Escape Nearby Second-Hand Smoke Cl. Within or in proximity to outdoor dining areas(on public property, including Ithaca Commons): Cla. Within any seating area for outdoor dining and/or drinking that is associated with a restaurant, [and] that is on City property/subject to City license,and that is in use for that purpose Clb. Within any seating area for outdoor dining and/or drinking established or maintained by the City of Ithaca or its agent,and that is in use for that purpose Cl c. On public property,within 25 feet of the perimeter of a seating area for outdoor dining and/or drinking that is open to the public (with or without a fee)and that is in use for that purpose Cld. On public property,within 25 feet of the area occupied by a mobile vending cart or other mobile vendor C2. At outdoor events(on public property): C2a. Outdoor seating or viewing areas for open-air concerts,dances,parades, other performances,lectures,motion picture or video presentations, or similar open- air presentations, on public property,when in use for that purpose. (See C2d.) C2b. Outdoor seating or viewing areas associated with unenclosed(or partially enclosed) sports areas or similar open-air recreational facilities,on public property. (See C2d.) C2c. During outdoor festivals,block parties and similar events,on public property (that portion described in or covered by the City-issued permit),that involve concentrated areas where crowds of participants can be expected to gather/pass through. (See C2d.) C2d. If sponsor of outdoor event(per C2a,C2b or C2c)wishes to allow smoking at the event, sponsor must propose and request(from permit issuer, or,where no per- mit is required, from Mayor) "designated smoking area"associated with event (which may not exceed_% [or_sq.ft] of permit area,must be so marked, & would result in little or no direct exposure of nearby non-smokers to 2nd-hand smoke); if no such exception is requested and granted,event must be entirely smoke- free. Ask City Clerk for advice on defining size of smoking areas. D. In Other Areas 1. The Ithaca Commons [primary only?] Dl. No smoking in the following areas: (a) Inside the playground or within 25 feet of its perimeter [already covered by Al], at all times (b) Inside&w/in 25 feet of outdoor dining areas on public property [already covered by Cl a, Clb and CI c] (c) Within 25 feet of mobile vending cart or vendor on public property [already covered by Cl d] (d) Inside any pavilion or within 25 feet of its perimeter,at all times NOTE: No explicit exception here for"in-transit"smokers. REGULATION OF OUTDOOR SMOKING -- Subcommittee Action Through 7/14/08 (per DLH notes) == Changes made or questions raised at 7/14 meeting shown in bold = PRIMARY PURPOSE: Reduce proximate exposure to 2"d-hand smoke(outdoors) EXPECTATION: Strong reliance on complaint-driven (&peer) enforcement(See NYS law) Enforcement generally would be against the smoker, not the permit holder. ALSO: Where City is `giving"something(e.g.,permit), it will apply strictest standards Definitions Needed: - "Dining"(includes drinking) - "Entrance" (does it include ramps?) - "Playground"(and what constitutes its boundary) - "School" - "Permit" - "Ithaca Commons"(does it include secondary Commons?) Questions/Tasks - Should there be a general(or area-specific)exception for"in-transit" smokers? (Palatine,IL, example) [Consider for each area,after concepts] ("...does not apply to any person who is temporarily within the 15-foot area for the purpose of walking through or traversing such area") - Get copy of(new)IC smoking regulations. [Ted S] - In what is now Dl (Ithaca Commons),another"potential area of regulation"is the pavilions. Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) A. Areas Where Children Are Most Likely to be Present/Concentrated Al. At or within 25 feet of public playgrounds,pools,rinks and similar outdoor recreational facilities open to the public, designed for or intended for use by children(whether or not owned or operated by City) A2. Outdoor areas(on public property)within 25 feet of any entrance, exit [including ramp?], window or ventilation intake for a licensed child care center that serves more than 20 children[or has more than employees?] [Ask child-care experts.] A3. Outdoor areas(on public property)within 25 feet of any entrance, exit, window or ventilation intake [or property boundary?] for a school or school building. [SM to get ICSD feedback] cad lArCtql efkkaa Wolf/4 Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) B. Areas Where the Elderly or Infirm/More Susceptible Are Likely to be Concentrated -- Any specific locations? C. Areas or Events Where Persons Cannot Readily Escape Nearby Second-Hand Smoke Cl. Within or in proximity to outdoor dining areas(on public property,including Ithaca Commons): Cla. Within any seating area for outdoor dining and/or drinking that is associated with a restaurant, [and] that is on City property/subject to City license,and that is in use for that purpose Cib. Within any seating area for outdoor dining and/or drinking established or maintained by the City of Ithaca or its agent,and that is in use for that purpose Cl c. On public property,within 25 feet of the perimeter of a seating area for outdoor dining and/or drinking that is open to the public(with or without a fee)and that is in use for that purpose C I d. On public property,within 25 feet of the area occupied by a mobile vending cart or other mobile vendor C2. At outdoor events(on public property): C2a. Outdoor seating or viewing areas for open-air concerts,dances,parades, other performances,lectures,motion picture or video presentations, or similar open- air presentations, on public property,when in use for that purpose. (See C2d.) C2b. Outdoor seating or viewing areas associated with unenclosed(or partially enclosed) sports areas or similar open-air recreational facilities,on public property. (See C2d.) C2c.During outdoor festivals,block parties and similar events,on public property (that portion described in or covered by the City-issued permit),that involve concentrated areas where crowds of participants can be expected to gather/pass through. (See C2d.) C2d. If sponsor of outdoor event(per C2a, C2b or C2c)wishes to allow smoking at the event,sponsor must propose and request(from permit issuer,or,where no per- mit is required,from Mayor) "designated smoking area" associated with event (which may not exceed_% of permit area,must be so marked, and would result in little or no direct exposure of nearby non-smokers to 2nd-hand smoke); if no such exception is requested and granted,event must be entirely smoke-free. D. In Other Areas 1. The Ithaca Commons OPTIONS UNDER CONSIDERATION: (Dia) No smoking allowed except in designated areas -But where would these areas be? -Have"chimney"structures for smokers? =OR= (Dlb) Smoking allowed except in the following areas(need to decide which ones): (i) Inside or within 25 feet of playground [already covered by Al] (ii) Inside&w/in 25 feet of outdoor dining areas on public property [already covered by CI a, CI b and CI c] (iii) Within 25 feet of mobile vending cart or vendor on public property [already covered by CI d] (iv) Inside or within_feet of a pavilion (v) Within 10-foot-wide corridors along both sides of primary Commons [DIA recommendation: no smoking at playground, dining areas or in pavilions] (8/7/2008)Sarah Myers COI Public Outdoor Smoking Regulation Sub Committee-Monda ,Au•ust 11th, 1:00 2:30 pm Page 1 From: Eric Rosario To: danielc @cityofithaca.org,dhoffman@ cityofithaca.org,erosario @cityofithaca... CC: Clerk's Office@cityofithaca.org,jenniferk(dicityofithaca.org,JULIEH @cityof... Date: 8/7/2008 8:40 AM Subject: COI Public Outdoor Smoking Regulation Sub-Committee-Monday,August 11th,1:00-2:30 pm Hi all, I just wanted to remind us that we have scheduled the eigth meeting of this Sub-Committee for next Monday August 11th from 1:00 pm to 2:30 pm in the 3rd FLOOR CONFERENCE ROOM in City Hall to continue to review and answer the questions drafted by the City Attomey's Office that will inform Council's possible regulation of outdoor smoking in public areas. By copy of this email I will ask the Clerk's Office to publish and post notices for this Sub-Committee meeting according to the Open Meetings law requirements. THANKS! I'll be sending you Dan Cogan's minutes of our 8/11/08 either today or tomorrow morning. To make the most of our time,I'm proposing the following informal agenda: 1)approval of Dan Cogan's minutes of our 8/1/08 meeting 2)review and approval of any updates Dan Hoffman may have made to our Subcommittee Action List based on the 8/1/08 meeting 3)moving then to review of parks and"linear parks"for possible regulation Along with the minutes,I will be sending you a map and list of our city parks.I was unable to get a map and list that denotes which parks have children's playgrounds. Eric (8/212O08)•Sarah Myers- Notes of Smoking subcommittee-2008-08-11.doc Page 1 Smoking Subcommittee August 11, 2008, 1:00—2:30 Present: Dan Hoffman, Ted Schiele, Eric Rosario, Svante Myrick, Dan Cogan We looked over Dan Hoffman's notes. He asked for clarification on a couple of things: • Definition of Smoking is not an open Question? We said that we would leave it up to Attorney's office to define. Ted Shiele will send Attorney's office the definition. • Did we make dispensation for residents/employees on the Commons? We clarified that we would not. • Who should be talking to other govt entities? We did not say who would do this. We clarified that we would implement for now just with City Hall,but after implemented, we would talk to other entities (who is TBD.) • Should smoking be restricted outside City Hall during hours of operation or all the time? We said that it should be all the time, since it is difficult to say when City Hall is open. There will be fewer chances of complaints during odd hours. We approved the minutes as written and clarified. Eric gave update on his meeting with Downtown Ithaca Alliance (DIA) Gov't Relations Committee The committee members think we are going in the right direction,but they are concerned about the 25' perimeters around the different zones. Too confusing. It would be better to just have the areas themselves off-limits, except for the mobile vending area, which they say makes sense to have perimeters because of the length of lines, etc. If we keep the perimeters as we have them on our map, it would be better to have designated smoking zones. Julie Holcomb has some ideas for where smoking areas might be. Eric will talk to her and find out what her ideas are. It was also pointed out that there is a social ecology on the Commons, and the Bernie Milton people don't necessarily get along with the West Commons people and the East Commons people. We should be aware of that. There was also a concern with enforcement. There is concern that being a cigarette cop will make the Commons police officers feel that the Commons beat is not a legitimate or prestigious assignment. Ted suggested that maybe we just allow smoking at the ends of the Commons, and not in the middle. (8/2€i(2008)-Sarah Myers- Notes of Smoking subcommittee-2008-08-11.doc Page 2 Dan Cogan shared that the disruption of the human ecology may be the biggest problem. To the extent that we make major changes to where smoking is allowed on the Commons, the experiment is more likely to fail. It is better,perhaps, to have the areas where smoking is prohibited to be surrounded by areas where smoking is allowed. Right now, it looks like the areas where smoking is allowed are surrounded by non-smoking areas. Dan Cogan and Eric Rosario both expressed a concern that if we don't have 25' perimeters on the Commons, then it undermines the rationale for having them in other areas of the city. Dan Hoffman advised against not having a 25' zone (or whatever we decide to use throughout the city). If we only define the area itself as non-smoking with no buffer perimeters,people will push right up against the limits and could render the smoke free areas meaningless. He likes Ted Schiele's suggestion of prohibiting smoking in the center of the Commons because of its simplicity. We looked at map and thought we could define "The Inner T [of the Commons] is Smoke-free." By defining the middle of the Common as smoke-free,we will take away the confusion that could result from allowing smoking right in the middle most of the time,but prohibiting it during special events. During special events, like the Ithaca Festival or Downtown Chili Cookoff, the entire Commons will be smoke-free. If we are going to have signage, will it be movable? We don't think that this is a good idea. The signage should be fixed to define the area of the T that is permanently smoke-free. Is it possible to move Mobile Vending locations #3 and#4? If we could get them closer to #1 and#2, we could simply make the area that is smoke free a bit larger to encompass them. Barring that, we should allow the mobile vendors to get smoke-free signs from the Clerk's office, to put up around their carts. We decided that the northernmost boundary will be at the northern edge of the Tompkins Trust Company building entrance. Upcoming COIC meeting We should present at our COIC meeting,perhaps taking 20-30 minutes. We should have a map of the primary and secondary Commons that shows the areas that would be smoke-free. Mostly it would be the dining areas in the secondary Commons. We should try to have a meeting with the Police Dept before the COIC meeting, to check in about enforcement. Eric said that a bunch of people have questions about enforcement, so we should have a conversation with the IPD as soon as possible. We should try to include the Fire Chief as he indicated interest. (8/2I2008)-Sarah Myers - Notes of Smoking subcommittee-2008-08-11.doc Page 3 The basic report that goes out with the agenda will be based on action through today. But if anything comes up during our meeting with IPD, we will announce it at the COIC meeting. Eric will put Dan's map on the Elmo and talk about what it will look like on the Commons. Dan Hoffman will prepare a summary document for public consumption, one that does not include all of the open questions. REGULATION OF OUTDOOR SMOKING -- Subcommittee Action Through 8/11/08 (per DLH notes - revised) == Changes made or questions raised at 8/11 meeting shown in bold = PRIMARY PURPOSE: Reduce proximate exposure to 2"d-hand smoke (outdoors) EXPECTATION: Strong reliance on complaint-driven (&peer) enforcement(See NYS law) Enforcement generally would be against the smoker, not the permit holder. ALSO: Where City is "giving"something(e.g.,permit), it will apply strictest standards ENFORCEMENT: Intention that when police find a person smoking in non-smoking area, they will first direct them to move to an area where smoking is permitted;failure to comply =citation. Definitions Needed: - "Dining"(includes drinking) - "Entrance"(does it include ramps?) - "Ithaca Commons"(does it include secondary Commons?) "Children" [added by DLH, after 8/11 mtg] - "Pavilion"—includes entire roofed area? "Outdoor Recreation Area" [added by DLH,after 8/11 mtgJ - "Playground"(and what constitutes its boundary) - "Permit" - "School" - "Smoking"—holding a lit cigarette,etc? [Ted S will get examples from others to DLH1 Questions/Tasks - Should there be a general(or area-specific)exception for"in-transit" smokers? (Palatine, IL, example) [Consider for each area, after concepts] ("...does not apply to any person who is temporarily within the 15-foot area for the purpose of walking through or traversing such area") - Get copy of(new)IC smoking regulations. [Ted S] - Could discuss with reps from other, affected governmental bodies the idea of restricting smoking outside their buildings(in City) Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) A. Areas Where Children Are Most Likely to be Present/Concentrated Al. At or within 25 feet of public playgrounds,pools,rinks and similar outdoor recreational facilities open to the public, designed for or intended for use by children(whether or not owned or operated by City) A2. Outdoor areas(on public property)within 25 feet of any entrance, exit [including ramp?], window or ventilation intake for a licensed child care center that serves more than 20 children [or has more than employees?] [Ask child-care experts.] A3. Outdoor areas(on public property)within 25 feet of any entrance, exit, window or ventilation intake [or property boundary?] for a school or school building. [SM to get ICSD feedback.] Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) B. Areas Where the Elderly or Infirm or those More Susceptible Are Likely to be Concentrated -- Any specific locations? [Need to revisit.] C. Areas or Events Where Persons Cannot Readily Escape Nearby Second-Hand Smoke Cl. Within or in proximity to outdoor dining areas(on public property, including Ithaca Commons): C I a. Within any seating area for outdoor dining and/or drinking that is associated with a restaurant, [and] that is on City property/subject to City license, and that is in use for that purpose Clb. Within any seating area for outdoor dining and/or drinking established or maintained by the City of Ithaca or its agent,and that is in use for that purpose Cl c. On public property,within 25 feet of the perimeter of a seating area for outdoor dining and/or drinking that is open to the public (with or without a fee)and that is in use for that purpose C1d. On public property,within 25 feet of the area occupied by a mobile vending cart or other mobile vendor C2. At outdoor events(on public property): C2a. In outdoor seating or viewing areas for open-air concerts, dances,parades, other performances, lectures,motion picture or video presentations, or similar open- air presentations, on public property,when in use for that purpose. (See C2d.) C2b. In outdoor seating or viewing areas associated with unenclosed(or partially enclosed) sports areas or similar open-air recreational facilities,on public property. (See C2d.) C2c. During outdoor festivals,block parties and similar events, on public property (that portion described in or covered by the City-issued permit),that involve concentrated areas where crowds of participants can be expected to gather/pass through. (See C2d.) C2d. If sponsor of outdoor event(per C2a, C2b or C2c)wishes to allow smoking at the event, sponsor must propose and request(from permit issuer, or, where no per- mit is required, from Mayor) "designated smoking area"associated with event (which may not exceed_% [or sq. ft] of permit area,must be so marked, & would result in little or no direct exposure of nearby non-smokers to 2nd-hand smoke); if no such exception is requested and granted, event must be entirely smoke- free. ER to ask City Clerk for advice on defining size of smoking areas. D. In Other Areas 0. Public Sidewalks (generally) -- No restriction on smoking(unless covered by specific item herein) 1. The Ithaca Commons D 1. No smoking in the following areas on the primary Commons: (a) At any time,within the"inner T"of the Commons,defined as follows: south of a line extending due east from the north edge of the entrance area for the Tompkins Trust Company building(110 N. Tioga Street); east of a line parallel to and 25 feet west of the westerly edge of the"amphitheater pavilion"on the Commons; and west of a line parallel to and 25 feet east of the easterly edge of the planter located immediately to the east of the children's playground on the Commons. [This smoke free area is intended to encompass the entire playground, the public outdoor dining area just to the east of the middle of the Commons, the "brick circle"area, the Bernie Milton pavilion, the outdoor dining area to the west of the Bernie Milton pavilion, and the area north of the brick circle that is currently the location of several mobile vending carts, together with a 25 foot perimeter surrounding these sites. NOTE: Cart sites #3 and 4 have been moved further south.] (b) Inside and within 25 feet of outdoor dining areas on public property [already covered by CI a, CI b and Cie] (c) Within 25 feet of mobile vending cart or vendor on public property [already covered by C141 NOTES: No explicit exception here for"in-transit"smokers; and no special dispensation for residents or employees on Commons. 2. Outside City-owned buildings D2. No smoking(on public property) at any time, within 25 feet of any entrance/exit to a City-owned building 3. Pedestrian/Bicycle Trails&Walkways D3. [To be revisited] 4. City Parks D4. [Add Off-Leash Dog Area to list for discussion] (8/2 2008)-Sarah Myers - Re: COI Public Outdoor Smoking Regulation Sub-Committee-Tuesday, September 2nd, 1:00-28461 From: Eric Rosario To: danielc@ cityofithaca.org,dhoffman @cityofithaca.org,erosario @cityofithaca... CC: tjsl @cornell.edu,TSCHIELE @tompkins-co.org,Clerk's Office @cityofithaca.or... Date: 8/28/2008 1:00 PM Subject: Re:COI Public Outdoor Smoking Regulation Sub-Committee-Tuesday,September 2nd, 1:00-2:30 pm,3rd Floor Conf.Room Attachments: Notes of Smoking subcommittee-2008-08-11.doc Hi all, We will have our ninth meeting of this Sub-Committee next Tuesday September 2nd from 1:00 pm to 2:30 pm in the 3rd FLOOR CONFERENCE ROOM in City Hall to continue to review and answer the questions drafted by the City Attorney's Office that will inform Council's possible regulation of outdoor smoking in public areas. By copy of this email I will ask the Clerk's Office to publish and post notices for this Sub-Committee meeting according to the Open Meetings law requirements. THANKS! Also attached are Dan Cogan's minutes of our 8/11/08.Please review these before the meeting. To make the most of our time, I'm proposing the following informal agenda: 1)approval of Dan Cogan's minutes of our 8/11/08 meeting-5 minutes 2)review and approval of any updates Dan Hoffman may have made to our Subcommittee Action List based on the 8/11/08 meeting-5 minutes 3)review of response to our progress report given to COI Committee-10 minutes 4)moving then to review of parks and"linear parks"for possible regulation-40 minutes Special thanks to Jodie Andrew for securing the Third Floor Conference Room for us. See you next Tuesday, Eric (9/5/2008)Sarah Myers - COI Public Outdoor Smoking Regulation Sub-Committee-Wednesday September 10th, 1:00 -2:Regei 131 From: Eric Rosario To: Daniel Cogan,Daniel Hoffman,Eric Rosario,J.R.Clairborne,Khandikile Soko... CC: Clerk's Office,Jody AndrewAs1@cornelLedu,TSCHIELE@tompkins-co.org Date: 9/5/2008 10:38 AM Subject: COI Public Outdoor Smoking Regulation Sub-Committee-Wednesday September 10th, 1:00-2:30 pm,3rd Floor Conf.Room Hi all, We will have our tenth meeting of this Sub-Committee next Wednesday,September 10th from 1:00 pm to 2:30 pm in the 3rd FLOOR CONFERENCE ROOM in City Hall to continue to review and answer the questions drafted by the City Attorneys Office that will inform Council's possible regulation of outdoor smoking in public areas. By copy of this email I will ask the Clerk's Office to publish and post notices for this Sub-Committee meeting according to the Open Meetings law requirements. Thanks as always! To make the most of our time,I'm proposing the following informal agenda: 1)approval of Dan Cogan's minutes of our 9/2/08 meeting-5 minutes 2)report from Chair on 9/9/08 Park Commission meeting and feedback,if any,on outdoor smoking regulation in parks-15 minutes 3)continuing with our review of parks and"linear parks"for possible regulation-40 minutes 4)propose new meeting date and time If I have the minutes before the meeting, I'll send those out via email. Special thanks to Jodie Andrew for securing the Third Floor Conference Room for us. See you next Wednesday, Eric PS: Dan H--we settled on this time after you had to leave. I realize you may not be able to join us next Wednesday since you have a 1:30 pm appointment,but apparently this was the best timing for everyone else,including Khandikile. Smoking Subcommittee September 10, 2008, 1:00-2:30 10th meeting Present: Khandikile Sokoni, Dan Hoffman, Ted Schiele, Eric Rosario, Svante Myrick, J.R. Clairborne Insert into September 2nd minutes -> There was a review of the public's reception of our progress report. A question was raised having to deal with a potential additional mobile vending site west of the inner T in front of Brotchen. Minutes for the September 2nd meeting approved 2-0. Cogan absent. Ted and Eric attended the Parks Commission meeting on September 9th. The Commission was not very supportive of legislating smoking in parks. They felt that parks were by and large self-regulating and there was no need to impose legislation. JoAnn Cornish was concerned with additional signage causing visual clutter. IF an ordinance was enacted, they preferred that smoking be banned in certain areas rather then establishing smoking areas. Eric discovered that there was already a smoking prohibition around the Cass Park pool. There is no smoking within the fence that surrounds the pool. There is also no smoking in the Cass Park rink. The committee agreed that the ordinance should include a provision that would allow managers of parks/facilities to enact additional restrictions on outdoor smoking as long as such restrictions are reasonable and necessary for the protection of public health. Ted pointed out that the latest survey of opinions about tobacco use showed that the number of people who believe that smoking should be banned in parts of(or in all)public parks is about 85%. He also suggested that we could just sign the entrances to parks to reduce clutter. Ted reported that Rick Manning spoke in favor of having the Waterfront Trail smoke- free. He also reported that the Parks Commission saw no reason to restrict smoking in pocket parks J.R. said that he would prefer that smoking areas be created inside of the park instead of doing a piecemeal approach. The committee agreed that we should approach Cass Park and Stewart Park should be regulated in the same way that we initially approached regulating the Commons. Specific areas should be targeted- areas where children are likely to be present and areas where people can not easily escape. For example: playing fields, tennis courts,playgrounds, pavilions etc. Pocket Parks On the subject of pocket parks, Ted postulated that the number of parents who would need to leave their children unsupervised in order to smoke would be very small. Svante said that he believes smoking should be banned in pocket parks. If the situation is currently being self regulated, then the ordinance will not create any new inconvenience for smokers. The ordinance will be worthwhile if it puts the weight of the law on the side of the nonsmoker who does not want to be exposed to second-hand smoke. J.R. expressed his ambivalence. He wants to make sure that smokers are still able to enjoy the quiet and calm of the city parks. Eric said that he was concerned about the corrosive effect of people ignoring a City law. Seeing people smoking in parks that are clearly marked non-smoking will corrode the publics confidence in their government. J.R. said he was worried that while there is an official entrance in most parks, there are an infinite number of possible places to enter these pocket parks. He pointed out that this presented a problem for signage. J.R. said that he would prefer if there were one corner of the park that was designated for smoking and that a cigarette butt receptacle should be placed in that corner. The committee ended in agreement that we would attempt to regulate smoking in certain areas of Cass and Stewart Parks. The committee also agreed to ban smoking altogether in the smaller parks. The committee will ask Jim D'Alterio, facilities manager at Cass Park, to join us at our next meeting to discuss our approach. Next Meeting: Tuesday, September 16th from 1:00-2:30 in Dan Hoffman's office. (9/12/2008) Sarah Myers-COI Public Outdoor Smoking Regulation Sub-Committee-Tuesday, September 16th, 1:00 -2:30eC1T From: Eric Rosario To: Daniel Cogan,Daniel Hoffman,Eric Rosario,J.R.Clairborne,Khandikile Soko... CC: Clerk's Office,Jody Andrew,tjs1@cornell.edu,TSCHIELE@tompkins-co.org Date: 9/12/2008 9:24 AM Subject: COI Public Outdoor Smoking Regulation Sub-Committee-Tuesday,September 16th, 1:00-2:30 pm,CITY ATTORNEY'S OFFICE Hi all, We will have our 11th meeting of this Sub-Committee next Tuesday,September 16th from 1:00 pm to 2:30 pm in the CITY ATTORNEY'S OFFICE on the 4th Floor of City Hall to continue to review and answer the questions drafted by the City Attorney's Office that will inform Council's possible regulation of outdoor smoking in public areas. By copy of this email I will ask the Clerk's Office to publish and post notices for this Sub-Committee meeting according to the Open Meetings law requirements. Thanks as always! To make the most of our time, I'm proposing the following informal agenda: 1)approval of Svante Myrick's minutes of our 9/10/08 meeting-5 minutes 2)continuing with our review of parks and"linear parks"for possible regulation-60 minutes 3)propose new meeting date and time If I have the minutes before the meeting,I'll send those out via email. See you next Tuesday, Eric Smoking Subcommittee October 15, 2008, 1:00—2:30 13th Meeting Present: Dan Hoffman, Svante Myrick, Ted Schiele, Eric Rosario, Dan Cogan, Khandikile Sokoni Minutes and Notes of Prior meetings Minutes from October 6 were approved with some minor corrections to people's names. We reviewed Dan Hoffman's notes of the previous meeting. Eric contacted Police Chief Vallely, City Prosecutor Sarachan and Fire Chief Wilbur. Chief Wilbur can come on October 29th Eric has not yet put in a request to get a map from Ruth Aslanis. Eric mentioned the idea of posting these minutes on the city website and then allowing Ted to link to them on his website. We will post the minutes that we have. Pocket Parks Eric called for a vote as to whether parks should be regulated. Dan reported that his 5-year old daughter told him that there are lots of cigarette butts on the sidewalks at Washington Park. Not as much on the grassy areas. Dan Cogan said that he is in favor of voting to ban smoking in all other parks so that it can move to the full committee and then to a public hearing. Eric stated that he feels pocket parks are self-regulating and that smoking does not cross the threshold of being proximate to secondhand smoke. Voted on whether to ban smoking entirely in all other parks (besides Stewart and Cass). This includes sidewalks that are within the parks,but not along the perimeter of the parks. In Favor: Cogan, Myrick Opposed: Rosario We discussed whether we need to differentiate between small and mid-sized parks. We decided that we do not need to do that. We will use the term"large" for Cass and Stewart when writing the ordinance. Pedestrian/Bicycle Trails and Walkways (linear parks) Should we treat these like parks or like sidewalks? Dan Hoffman does not believe that these are as regulated as parks. We would not have to alienate them if we wanted to discontinue them as trails. Eric pointed out that the waterfront trail goes through Cass Park and will also be going through Stewart Park. Svante spoke in favor of regulating trails and walkways as parks, so that smoking would be banned on the trail, but that there should be no buffer. Dan Cogan pointed out that we have created buffer zones where the use is generally stationary (e.g. outdoor dining), and we have not created buffers where the use involves movement (e.g. walking or playing at a park). Eric pointed out that banning smoking along the Cayuga Waterfront trail would take away the threat from cigarettes at the petroleum station near the Farmers' Market. Eric said that he doesn't find smoking on trails to be a public health issue. Ted countered that when you are walking behind someone who is smoking, you are getting a much larger exposure than if you simply walked through a doorway where people are smoking. He says that being behind someone who is smoking can be a real health hazard. Dan Cogan concurred from his own recent experiences following smokers on city sidewalks. Eric wonders whether banning smoking on the creekwalk along 6 mile creek will lead to more indoor smoking. With the increase in residential along the creekwalk, would there be more people who would use that as their outdoor area for smoking? Ted reported that Mack Travis's Gateway building is entirely nonsmoking, so maybe people would not be trying to smoke there. Ted wants to work with the developer to get the new Cayuga Green apartment and condominium buildings be nonsmoking. We voted to ban smoking on all of the city trails and walkways. We know of the following: • Cayuga Waterfront Trail • Six Mile Creek Creekwalk • Inlet Island Promenade Dan Hoffman pointed out that the City does not own the South Hill Rec Way—it is owned by the Town of Ithaca.To be consistent with earlier decisions about what to regulated,we agreed that because it is owned by another municipality,we should not regulate it,but instead we should invite the Town to regulate this trail,especially inside the city. Ted offered to talk to the Town of Ithaca as part of his work. Dan Hoffman pointed out there will soon be a new trail at Ithaca Gun. Should we say all trails in the city, or should we say only designated trails, and new trails will have to be added?It seems better from a legal standpoint to have to designate trails.The city doesn't seem to have an official definition of trails or walkways. Eric will contact the Planning Department to see whether there are any other trails that we should designate. Voted on whether to ban smoking on the following trails: • Cayuga Waterfront Trail • Six Mile Creek Creekwalk • Inlet Island Promenade In Favor: Cogan, Myrick Opposed: Rosario City-designated Natural Areas On Dan Hoffman's list: • Six Mile Creek • Fuertes Sanctuary • Ithaca Falls • Southwest (pending) Ted read the definition from the City Code: § 114-1. Designation of natural areas; boundaries; maps. A. The Common Council may designate as natural areas of the City of Ithaca those areas which are wholly or substantially in a natural and/or undeveloped state, which have significance for ecological and/or recreational reasons, and which are best appreciated and maintained in a natural, relatively undisturbed state (rather than as an active use park). We discussed whether to regulate smoking at any of our natural areas. Some suggested that because these are,by definition, not"actively"used, we don't need to regulate. Others argued that if our goal is to maintain these areas in as natural a state as possible, then smoking is incompatible with that. Eric stated that with the exception of Ithaca Falls, regulating smoking in the natural areas would not conform to our principle of protecting public health. Eric pointed out that at Ithaca Falls, the area is so constrained that it would be a public health issue to allow smoking. Dan Cogan said that people are usually going to be on trails, so the same arguments in favor of banning smoking on trails and walkways apply in the natural area. It would make sense to ban smoking in the natural areas for that reason. We only need to put signs up at the trailheads, and we can say that smoking is banned within the entire natural area,but we can leave it up to the public to understand the boundaries of the natural areas. Eric pointed out that there could also be a problem with fires, though that does not seem to be a problem in the Northeast in the same way as it is in other parts of the country. Do we have an enforcement presence in these natural areas? We do have a seasonal ranger in Six Mile Creek who can tell people to stop swimming, walking off leash dogs, etc. They could also ask people to stop smoking. However, Ted believes that the benefit of the regulation is to enforce the smoking ban over the long term as people learn that smoking is not allowed. The people who use it regularly as a smoking area will eventually stop doing that. Dan Hoffman pointed out that there are some areas in Six Mile Creek where the main litter is cigarette butts. Voted on whether to create smoke free natural areas in the following natural areas: • Six Mile Creek • Fuertes Sanctuary • Ithaca Falls • Southwest parkland (pending) In Favor: Cogan, Myrick Opposed: Rosario Future Areas for Discussion We will discuss at a future meeting • Other City-operated facilities • Facilities Leased, Licensed or Rented by City(or IURA?)to Others • Where elderly are likely to be concentrated n t ; Smoking Subcommittee October 15, 2008, 1:15 —2:30 14`h Meeting Present: Dan Hoffman, Svante Myrick, Ted Schiele, Eric Rosario, Dan Cogan, Khandikile Sokoni, Sylvia Duran, Bob Sarachan Minutes and Notes of Prior meetings Minutes from October 15 were approved. Eric made some corrections to the minutes so that they accurately reflect the reason for his negative votes. We reviewed Dan Hoffman's notes of the previous meeting. Dan Hoffman pointed out that for Six Mile Creek, Fuertes Sanctuary and Ithaca Falls, there are official maps. For Southwest, there is no map because there is no official natural area designation. Should we simply refer to the substitute parkland for now? We agreed that our intent is to regulate Southwest as a natural area. The ordinance will refer to the 60 acres of substitute parkland and will state that at such time that the area is designated as a natural area, the boundaries will be defined by the official map. Welcome to City Prosecutor Bob Sarachan and Acting Police Chief Ed Vallely Eric welcomed our guests and reviewed for them what we are intending with our smoking ordinance. Bob Sarachan asked about our intent for having signage. How will people on the Commons know where it is okay to smoke and not okay to smoke? Should we be painting the sidewalk yellow or some other indication? Bob pointed out that we needed to install signs at all of the entrances to the City so that we could enforce our odd/even parking ordinance. Bob is concerned that we won't be able to enforce the smoking ordinance if people can argue that they didn't see the sign. Bob thinks we need to be very clear what we mean by smoking. The ordinance should presume that any ignited pipe, cigarette or cigar will be presumed to contain tobacco and will be considered smoking. Dan Cogan asked Bob whether the requirement to have adequate signage would hinder people from being warned by someone that they are not allowed to smoke. Bob replied that if an officer informs them that smoking is prohibited, that is adequate notice. If they continue, they could be given a ticket. Bob says that city parks have at least one sign to say that parks close at 10:00 p.m.. The courts wouldn't enforce it otherwise. Would we need more than one sign per park? Bob didn't know. • %a How much signage would we need on the Commons? Bob says that we probably don't need signage every five feet. We need to have "adequate" signage. Khandikile asked what Bob and Ed think about carving out an exception for"in-transit" smokers. Ed and Bob said that more exceptions make it more difficult to enforce. However,we agreed at an earlier meeting not to have an exception for"in-transit." Ed suggested that we might want to extend the "Inner T" all the way down to Aurora Street, because Aurora Street has so much outdoor dining. J.R. pointed out that Korova would then be in the non-smoking area. Bob suggested that we might want to say that the Commons is non-smoking except in the designated areas. The fewer exceptions, the easier to enforce. Eric explained the history of how we came to designate smoking areas. Ted talked about how the intent of the ordinance is to be complaint-driven. We would want the police to give warnings to people when they are smoking first. Ed pointed out that leaving it up the officers' discretion could open them up to charges of unequal enforcement. Dan Hoffman pointed out that we would not have language in the ordinance itself about officers giving warnings and being complaint driven. Eric said that he was under the impression that we would put that intention in the ordinance. We had a long discussion about how to deal with the issue of warnings and should the ordinance be complaint-driven. We agreed that the ordinance should be silent on the issue of whether it is complaint driven,which we agreed on August 4th. However, Eric said that he was not as comfortable with this whole direction if we don't have something written in the ordinance. We don't want to set it up so that there can be unequal enforcement, such that perhaps some people will be given tickets when others are not because of their race, appearance, gender, etc. It was pointed out that almost all the laws on our books have a discretionary component. This would simply be another regulation like that. People will recognize that this will not be enforced everywhere all the time. No laws are. It was stated that it was likely that not that many officers would be interested in diligently enforcing this ordinance. J.R. asked what would happen in the situation where someone is in the park at night when no one else is around and a police officer sees that. It isn't an issue of secondhand smoke, so does it violate our ordinance and would they be given a ticket? Bob Sarachan pointed out that someone who runs a red light at 2:00 a.m. would get a ticket, regardless. This would be similar. Bob suggests that we not make this a jailable offense. A first offense might be $10 - $25, second offense might be$25 - $100. Bob pointed out that it is a good idea of have a break-in period. Just like with the cell phone ordinance, during the first 6 months if someone got a ticket and then got a handsfree device,the ticket got thrown out. We should do something like that now. Smoking Subcommittee October 15, 2008, 1:00—2:30 12th Meeting Present: Dan Hoffman, Svante Myrick, Ted Schiele, Eric Rosario, Dan Cogan, Khandikile Sokoni Minutes and Notes of Prior meetings Minutes from October 6 were approved with some minor corrections to people's names. We reviewed Dan Hoffman's notes of the previous meeting. Eric contacted Police Chief Vallely, City Prosecutor Sarachan and Fire Chief Wilbur. Chief Wilbur can come on October 29th Eric has not yet put in a request to get a map from Ruth Aslanis. Eric mentioned the idea of posting these minutes on the city website and then allowing Ted to link to them on his website. We will post the minutes that we have. Pocket Parks Eric called for a vote as to whether parks should be regulated. Dan reported that his 5-year old daughter told him that there are lots of cigarette butts on the sidewalks at Washington Park. Not as much on the grassy areas. Dan Cogan said that he is in favor of voting to ban smoking in all other parks so that it can move to the full committee and then to a public hearing. Voted on whether to ban smoking entirely in all other parks (besides Stewart and Cass). This includes sidewalks that are within the parks,but not along the perimeter of the parks. In Favor: Cogan, Myrick Opposed: Rosario We discussed whether we need to differentiate between small and mid-sized parks. We decided that we do not need to do that. We will use the term "large" for Cass and Stewart when writing the ordinance. Pedestrian/Bicycle Trails and Walkways (linear parks) Should we treat these like parks or like sidewalks? Dan Hoffman does not believe that these are as regulated as parks. We would not have to alienate them if we wanted to discontinue them as trails. Eric pointed out that the waterfront trail goes through Cass Park and will also be going through Stewart Park. Svante spoke in favor of regulating trails and walkways as parks, so that smoking would be banned on the trail,but that there should be no buffer. Dan Cogan pointed out that we have created buffer zones where the use is generally stationary (e.g. outdoor dining), and we have not created buffers where the use involves movement(e.g. walking or playing at a park). Eric pointed out that banning smoking along the Cayuga Waterfront trail would take away the threat from cigarettes at the petroleum station near the Farmers' Market. Eric said that he doesn't find smoking on trails to be a public health issue. Ted countered that when you are walking behind someone who is smoking, you are getting a much larger exposure than if you simply walked through a doorway where people are smoking. He says that being behind someone who is smoking can be a real health hazard. Dan Cogan concurred from his own recent experiences following smokers on city sidewalks. Eric wonders whether banning smoking on the creekwalk along 6 mile creek will lead to more indoor smoking. With the increase in residential along the creekwalk, would there be more people who would use that as their outdoor area for smoking? Ted reported that Mack Travis's Gateway building is entirely nonsmoking, so maybe people would not be trying to smoke there. Ted wants to work with the developer to get the new Cayuga Green apartment and condominium buildings be nonsmoking. We voted to ban smoking on all of the city trails and walkways. We know of the following: • Cayuga Waterfront Trail • Six Mile Creek Creekwalk • Inlet Island Promenade Dan Hoffman pointed out that the City does not own the South Hill Rec Way—it is owned by the Town of Ithaca.To be consistent with earlier decisions about what to regulated,we agreed that because it is owned by another municipality,we should not regulate it,but instead we should invite the Town to regulate this trail, especially inside the city.Ted offered to talk to the Town of Ithaca as part of his work. Dan Hoffman pointed out there will soon be a new trail at Ithaca Gun. Should we say all trails in the city, or should we say only designated trails, and new trails will have to be added?It seems better from a legal standpoint to have to designate trails.The city doesn't seem to have an official definition of trails or walkways. Eric will contact the Planning Department to see whether there are any other trails that we should designate. Voted on whether to ban smoking on the following trails: • Cayuga Waterfront Trail • Six Mile Creek Creekwalk • Inlet Island Promenade In Favor: Cogan,Myrick Opposed: Rosario City-designated Natural Areas On Dan Hoffman's list: • Six Mile Creek • Fuertes Sanctuary • Ithaca Falls • Southwest(pending) Ted read the definition from the City Code: § 114-1. Designation of natural areas; boundaries; maps. A. The Common Council may designate as natural areas of the City of Ithaca those areas which are wholly or substantially in a natural and/or undeveloped state, which have significance for ecological and/or recreational reasons, and which are best appreciated and maintained in a natural, relatively undisturbed state (rather than as an active use park). We discussed whether to regulate smoking at any of our natural areas. Some suggested that because these are,by definition,not"actively"used, we don't need to regulate. Others argued that if our goal is to maintain these areas in as natural a state as possible, then smoking is incompatible with that. Eric pointed out that at Ithaca Falls, the area is so constrained that it would be a public health issue to allow smoking. Dan Cogan said that people are usually going to be on trails, so the same arguments in favor of banning smoking on trails and walkways apply in the natural area. It would make sense to ban smoking in the natural areas for that reason. We only need to put signs up at the trailheads, and we can say that smoking is banned within the entire natural area, but we can leave it up to the public to understand the boundaries of the natural areas. Eric pointed out that there could also be a problem with fires, though that does not seem to be a problem in the Northeast in the same way as it is in other parts of the country. Do we have an enforcement presence in these natural areas? We do have a seasonal ranger in Six Mile Creek who can tell people to stop swimming,walking off leash dogs, etc. They could also ask people to stop smoking. However, Ted believes that the benefit of the regulation is to enforce the smoking ban over the long term as people learn that smoking is not allowed. The people who use it regularly as a smoking area will eventually stop doing that. Dan Hoffman pointed out that there are some areas in Six Mile Creek where the main litter is cigarette butts. Voted on whether to create smoke free natural areas in the following natural areas: • Six Mile Creek • Fuertes Sanctuary • Ithaca Falls • Southwest parkland(pending) In Favor: Cogan,Myrick Opposed: Rosario Future Areas for Discussion We will discuss at a future meeting • Other City-operated facilities • Facilities Leased, Licensed or Rented by City(or IURA?)to Others • Where elderly are likely to be concentrated REGULATION OF OUTDOOR SMOKING -- Subcommittee Action Through 10/15/08 (per DLH notes) _= Changes made or questions raised at 10/15 meeting(or since then) shown in bold = GENERAL CONCEPTS: PRIMARY PURPOSE OF REGULATION: Reduce proximate exposure to 2nd-hand smoke(outdoors) APPROACH: Where City is `giving"something(e.g., a permit), it will apply strictest standards ENFORCEMENT: - Strong reliance on complaint-driven (&peer) enforcement(See NYS law) - Enforcement generally would be against the smoker, not the permit holder. - Intention that when police see smoking in non-smoking area, they will first direct smoker to move to an area where smoking is permitted; failure to comply =citation. STREETS: Generally, streets open to traffic will be excluded from prohibition emanating from adjacent area (i.e., smoking is allowed in streets), except that such prohibition will extend into the parking lane and to persons in or on a`vehicle in any other affected parking area SIGNAGE: Won't require signage of(entire)perimeter of non-smoking buffer;signs at entrances or at edge of dining areas will suffice. Definitions Needed: - "Children" - "City-owned building"(or"structure"?) - "Dining"(includes drinking) - "Entrance"(does it include ramps?) - "Ithaca Commons"(does it include secondary Commons?) - "Outdoor Recreation Area" - "Pavilion"(does it include entire area beneath roof?) - "Playground"(and what constitutes its boundary) - "Playing field"(includes tennis courts,etc) - "Permit" - "School" - "Smoking"—holding a lit cigarette,etc? Not smoke from a grill. Questions/Tasks - Should there be a general(or area-specific)exception for"in-transit" smokers? (Palatine, IL, example) [Consider for each area, after concepts] ("...does not apply to any person who is temporarily within the 15-foot area for the purpose of walking through or traversing such area") - Get copy of(new)IC smoking regulations. [Ted S] - Could discuss with reps from other,affected governmental bodies the idea of restricting smoking outside their buildings(in City) - Should"City-owned buildings"be defined very broadly so as to include structures such as parking garages, docks, etc? c ' Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) A. Areas Where Children Are Most Likely to be Present/Concentrated Al. At or within 25 feet of public playgrounds,pools,rinks and similar outdoor recreational facilities open to the public,designed for or intended for use by children(whether or not owned or operated by City) A2. Outdoor areas(on public property)within 25 feet of any entrance, exit[including ramp?], window or ventilation intake for a licensed child care center that serves more than 20 children[or has more than employees?] [Ask child-care experts.] A3. Outdoor areas(on public property)within 25 feet of any entrance,exit, window or ventilation intake [or property boundary?] for a school or school building. [SM to get ICSDfeedback.Z B. Areas Where the Elderly or Infirm or those More Susceptible Are Likely to be Concentrated -- Any specific locations? [Need to revisit.] C. Areas or Events Where Persons Cannot Readily Escape Nearby Second-Hand Smoke Cl. Within or in proximity to outdoor dining areas(on public property, including Ithaca Commons): Cla. Within any seating area for outdoor dining and/or drinking that is associated with a restaurant, [and] that is on City property/subject to City license, and that is in use for that purpose Clb. Within any seating area for outdoor dining and/or drinking established or maintained by the City of Ithaca or its agent,and that is in use for that purpose C l c. On public property,within 25 feet of the perimeter of a seating area for outdoor dining and/or drinking that is open to the public (with or without a fee) and that is in use for that purpose Cl d. On public property,within 25 feet of the area occupied by a mobile vending cart or other mobile vendor Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) C. Areas or Events Where Persons Cannot Readily Escape Nearby Second-Hand Smoke C2. At outdoor events(on public property): (Continued) C2a. In outdoor seating or viewing areas for open-air concerts, dances,parades, other performances,lectures,motion picture or video presentations, or similar open- air presentations, on public property,when in use for that purpose. (See C2d.) C2b. In outdoor seating or viewing areas associated with unenclosed(or partially enclosed) sports areas or similar open-air recreational facilities,on public property. (See C2d.) C2c. During outdoor festivals,block parties and similar events,on public property (that portion described in or covered by the City-issued permit),that involve concentrated areas where crowds of participants can be expected to gather/pass through. (See C2d.) C2d. If sponsor of outdoor event(per C2a,C2b or C2c)wishes to allow smoking at the event, sponsor must propose and request(from permit issuer,or, where no per- mit is required, from Mayor)"designated smoking area"associated with event (which may not exceed_% [or sq. ft] of permit area,must be so marked, & would result in little or no direct exposure of nearby non-smokers to 2nd-hand smoke); if no such exception is requested and granted,event must be entirely smoke- free. ER to ask City Clerk for advice on defining size of smoking areas. D. In Other Areas 0. Public Sidewalks (generally) -- No restriction on smoking(unless covered by specific item herein) 1. The Ithaca Commons Dl. No smoking in the following areas on the primary Commons: (a) At any time,within the"inner T"of the Commons, defined as follows: south of a line extending due east from the north edge of the entrance area for the Tompkins Trust Company building(110 N. Tioga Street); east of a line parallel to and 25 feet west of the westerly edge of the"amphitheater pavilion"on the Commons; and west of a line parallel to and 25 feet east of the easterly edge of the planter located immediately to the east of the children's playground on the Commons. [This smoke free area is intended to encompass the entire playground,public outdoor dining area just east of middle of Commons, "brick circle"area, Bernie Milton pavilion, outdoor dining area to the west of Bernie Milton pavilion, and area north of brick circle that is currently the location of several mobile vending carts, together with a 25 foot perimeter surrounding these sites. NOTE: Cart sites #3 and 4 have been moved further south.] , Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) D. In Other Areas 1. The Ithaca Commons(Continued) Dl. No smoking in the following areas on the primary Commons: (Continued) (b) Inside and within 25 feet of outdoor dining areas on public property [already covered by CI a, Cl b and CI c] (c) Within 25 feet of mobile vending cart or vendor on public property [already covered by CI d] NOTES: No explicit exception here for"in-transit"smokers; and no special dispensation for residents or employees on Commons. 2. Outside City-owned buildings D2. No smoking(on public property)at any time,within 25 feet of any entrance/exit to a City-owned building 3. City Parks D3. No smoking in certain City parks or areas of certain City parks D3a. Large Parks(Stewart&Cass): No smoking in designated, smoke-free areas; otherwise permitted. Managers of City programs in these parks should have authority to designate additional smoke-free areas that are reasonably necessary for the protection of public health. -Cass Park smoke-free areas: (1) Playing fields when in active use for recreational purposes,or within 25 feet of boundary of playing field that is in use for such purpose (2) Inside pavilion,or within 25 feet of it (3) Inside rink structure, or within 25 feet of it (4) Inside fence around swimming pool area (5) At or within 25 feet of playground areas (already covered by Al) -Stewart Park smoke-free areas: (1) "Playground/Pavilion Area:"area enclosed by"inner"roads,plus large pavilion&25 feet around it(includes carousel, sprinkler area, etc;runs to Lake) (2) Tennis Courts—when in active use for recreational purposes (3) Within 25 feet of entrances to Boathouse (already covered by D2) D3b. All Other Parks ("Mid-size"& "Small/Pocket"Parks,including DeWitt): No smoking anywhere inside park(but no buffer outside park) NOTE: These restrictions are not intended to apply to State Parks or to the City-owned "Festival Lands"(including the off-leash dog area located thereon). 4. City-owned Pedestrian/Bicycle Trails D4. No smoking on specified City-owned trails and walkways(other than regular sidewalks) &Walkways a. Cayuga Waterfront Trail b. Six Mile Creek Creekwalk c. Inlet Island Promenade [Consult Plan. Dept on completeness of list] • Types of Areas Areas Recommended for Regulation(i.e., smoking not allowed unless otherwise qualified) 5. City-owned Natural Areas D5. No smoking in City-owned& designated(or otherwise specified)Natural Areas: a. Six Mile Creek b. Fuertes Sanctuary c. Ithaca Falls d. Southwest(pending designation)