Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COM 0942.002 2006-2008
J YOSHIMOTO Phone: (808) 961-8272 Ott', Council Member FAX: (808) 961-8912 District3 Email: jyoshimoto@co.hawaii.hi.us h~0i'M~•" HAWAII COUNTY COUNCIL COUNTY OF HAWAII T C c 3 rin z~. MEMORANDUM hi_ -o TO: Pete Hoffmann, Council Chair S i r and Council Members N N W FROM: J Yoshimoto, Council Member DATE: February 1, 2008 SUBJECT: Bill 224 - Proposed Ordinance to Amend the Hawaii County Code, Relating to Prohibition of Smoking in Certain Places Attached is some information that might be useful during our discussion of Bill 224, which has been referred to the Public Safety and Parks and Recreation Committee, scheduled for February 5, 2008. JY/dvve Attachments Comm. No. Ref. Tdleseat PSP2L Ref. Date rFR 0 S MnR Hawaii County Is An Equal Opportunity Provider And Employer Mailing Address: (Former County Building) 25 Aupuni Street, Hilo, Hawaii 96720 Business Address: Ben Franklin Building, 2n° Floor, 333 Kilauea Avenue, Hilo, Hawaii 96720 •o • ~ U n YI ~ U J - J L 'G + z t a LL 00 ~?/f) L O < ? . ? ~ G p ~ O ~ • 4 5 rie ~ :S ~Y Q x • s s~ O Z ~ g gg NN cc ° 2 . 2 J b 6t $ f73 m O , rrsr Aa C I. if 44 4 ~ ? a Q 0 • ~ } ~ t7 ~ O` ~ 1 0 N ~ria N O m v 'c aci o Z d o c a w d {L U c M m N Y C y m ~ ~ LL O c c E w s L) 03 an c to z G ® ao m 3 le Y L m Z 032 L 0 CL ga U) c z ki .C ~ V N C c m ~ _ L I u c U) 0 -j L 8 J L E V V LLC N d to M r- CD 0 9D V m m m in R r> L R R 0 m m C 9 1c- W W m m c e W c£ ° a v ; 2 .2 V 1Orn c> o a Y C mU) R a: L c c a N t 3 a r O E 3 0 r x i w v Hawaii Smoke Free:: The Law Page 1 of 7 live, work, breathe You are here: Hawaii Smoke-Free Home > Hawaii Smoke-Free/The Law Home The Law The Law File a Complaint Hawaii's new smoke-free law will go into effect on November 16, 2006. For an overview of the law click here. To read the text of the full law click here. FAQ Business Center Report Title: - Benefits Smoking; Health; Secondhand Smoke - Toolkit Description: - Bars/ Restaurants Establishes a new chapter that protects the public health and welfare by prohibiting smoking in Signage places open to the public and places of employment, ensuring a consistent level of basic protections statewide from exposure to secondhand smoke. Repeals Chapter 328K, Hawaii Compliance Help Revised Statutes. Effective date November 16, 2006. (CDI) Helping People Quit THE SENATE S.B. NO. 3262 TWENTY-THIRD LEGISLATURE, 2006 S.D. 1 STATE OF HAWAII H.D. 1 C.D. 1 A BILL FOR AN ACT RELATING TO HEALTH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that tobacco smoke is a major contributor to many health problems. Secondhand smoke causes heart disease, stroke, respiratory disease, and lung cancer in healthy nonsmokers. Thousands of premature deaths and illnesses in Hawaii are attributed to It annually. The legislature further finds that recent research demonstrates heightened health dangers to those exposed to secondhand smoke, since Hawaii passed a statewide anti-smoking statute seventeen years ago. In 2004, the Centers for Disease Control and Prevention issued an advisory to persons with heart disease to avoid Indoor settings where smoking is allowed, which warrants increased protections in the workplace and for the public in general. The counties in Hawaii have adopted ordinances that offer varying levels of protection to workers and the public against secondhand smoke. The legislature acknowledges that a consistent level of basic protection from secondhand smoke is needed to protect Hawaii's citizens from the health dangers of secondhand smoke. The purpose of this Act is to protect the public health and welfare by prohibiting smoking in places open to the public and places of employment to ensure a consistent level of basic protections statewide from exposure to secondhand smoke. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: http://www.hawaiismokefree.com/the_Iaw.htmi 1/28/2008 Hawaii Smoke Free:: The Law Page 2 of 7 CHAPTER SMOKING § -1 Definitions. As used in this chapter, unless the content otherwise requires: "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars. "Building' means any area enclosed or partially enclosed by a roof and at least three walls. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entitles where legal, medical, dental, engineering, architectural, or other professional services are delivered. "Department" means the department of health. "Director" means the director of health. "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity. "Employer" means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States. "Enclosed or partially enclosed" means closed in by a roof or overhang and at least two walls. Enclosed or partially enclosed areas include but are not limited to areas commonly described as public lobbies, lanais, interior courtyards, patios, and covered walkways. "Health care facility" means an office or Institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Multifamily dwelling" means a building containing more than two dwelling units. 'Nightclub' means an establishment In which live entertainment is provided or facilities for dancing by patrons either by live entertainment or recorded music may be provided, regardless of whether alcoholic beverages are served. "Open to the public" means enclosed or partially enclosed areas to which the public Is Invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, Including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, stopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility. "Place of employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs. A private residence is not a "place of employment unless it is used as a child care, adult day care, or health rare facility. "Restaurant' means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term 'restaurant' includes a bar area within the restaurant and outdoor areas of restaurants. http://www.hawaiismokefree.com/the_law.html 1/28/2008 Hawaii Smoke Free:: The Law Page 3 of 7 'Retail tobacco store" means a retail store used primarily for the sale of tobacco products and accessories. "Service line" means an Indoor line in which one or more persons are wafting for or receiving service of any kind, whether or not the service involves the exchange of money. "Shopping mall' means an enclosed or partially enclosed public walkway or hall area that serves to connect retail or professional establishments. "Smoke" or "smoking" means Inhaling or exhaling the fumes of tobacco or any other plant material, or burning or carrying any lighted smoking equipment for tobacco or any other plant material. 'Sports arena' means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or Ice rink, bowling alley, and any other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. § -2 Prohibition in facilities owned by the State or the counties. Smoking shall be prohibited in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county. § -3 Prohibition in enclosed or partially enclosed places open to the public. Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places: (1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and Immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports; (2) Aquariums, galleries, libraries, and museums; (3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels; (4) Bars; (5) Bowling alleys; (6) Convention facilities; (7) Educational facilities, both public and private; (8) Elevators; (9) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance; (10) Health care facilities; (11) Hotel and motel lobbies, meeting rooms, and banquet facilities; (12) Licensed child care and adult day care facilities; (13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities; (14) Nightclubs; (15) Polling places; http://www.hawaiismokefree.com/the_law.html 1/28/2008 Hawaii Smoke Free:: The Law Page 4 of 7 (16) Restaurants; (17) Retail stores; (18) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county; (19) Service lines; and (20) Shopping malls. § -4 Prohibition in enclosed or partially enclosed places of employment. Smoking shall be prohibited in all enclosed or partially enclosed areas of places of employment. § -5 Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters. Smoking shall be prohibited in the enclosed or partially enclosed areas and in seating areas of sports arenas, outdoor arenas, stadiums, and amphitheaters. § -6 Presumptively reasonable distance. Smoking is prohibited within a presumptively reasonable minimum distance of twenty feet from entrances, exits, windows that open, and ventilation Intakes that serve an enclosed or partially enclosed area where smoking is prohibited. Owners, operators, managers, employers, or other persons who own or control a place open to the public or place of employment may seek to rebut the presumption that twenty feet is a reasonable distance by submitting an application to the department. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate into the place open to the public or place of employment. § -7 Exceptions. Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections -3, -4, and -5: (1) Private residences, except when used as a licensed child care, adult day care, or health care facility; (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not Infiltrate into areas where smoking is prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms; (3) Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter; (4) Private and semiprivate rooms In nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter; (5) Outdoor areas of places of employment except those covered by the provisions of sections -3 and -5; (6) All areas covered by this chapter when smoking Is part of a production being filmed; and (7) State correctional facilities. § -8 Declaration of establishment as nonsmoking. (a) Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area or any part thereof as a place where smoking is prohibited. (b) Smoking shall be prohibited in any place in which a sign conforming to the requirements of section -9 is posted. § -9 Signs. Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a http://www.hawaiismokefree.com/the_law.html 1/28/2008 Hawaii Smoke Free:: The Law Page 5 of 7 pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place. § -10 Nonretaliation and nonwaiver of rights. (a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter. (b) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. § -11 Compliance and administration. (a) Enforcement of compliance with this chapter shall be under the jurisdiction of the department. (b) The director shall adopt rules under chapter 91 as are appropriate to carry out the purposes of this chapter and for the efficient administration thereof. (c) Any citizen who wants to register a complaint under this chapter may initiate an enforcement action with the department as set forth by the director. (d) An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of its provisions. (e) Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter. (f) Notwithstanding any other provision of this chapter, the department, other appropriate county agency, county, or any other person aggrieved by the failure of the owner, operator, manager, or other person in control of a place open to the public or a place of employment to comply with this chapter may apply for injunctive relief to enforce this chapter in any court of competent jurisdiction. § -12 Penalties. (a) A person who smokes in an area where smoking Is prohibited by this chapter shall be guilty of a violation and fined not more than $50 to be deposited Into the general fund. The district courts may assess costs not to exceed $25 for Issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person. (b) Any authorized police officer, upon making an arrest, shall take the name and address of the alleged violator and shall issue the violator a summons or citation in writing. (c) There shall be provided for use by an officer or employee of the respective government jurisdictions, duly authorized to issue a summons or citation, or any police officer, a form of summons or citation for use in citing a violator of this chapter that shall not provide for the physical arrest of the violator. The form and content of this summons or citation shall be as adopted or prescribed by the administrative judge of the district court. When a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a copy of the citation and provide for the disposition of the original and any other copies. Every citation shall be consecutively numbered and each copy shall bear the same number as its respective original. (d) If any person fails to comply with a penal summons given to the person, the court shall Issue a warrant for the person's arrest. (e) Any police officer or other officer or employee of the respective government jurisdictions may eject from the premises any person to whom a citation has been Issued and who continues to smoke after the person has been so cited. (f) A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined: (1) Not more than $100 for a first violation; (2) Not more than $200 for a second violation within one year of the date of the first violation; and http://www.hawaiismokefree.com/the_law.html 1/28/2008 Hawaii Smoke Free:: The Law Page 6 of 7 (3) Not more than $500 for each additional violation within one year of the date of the preceding violation. (g) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred. (h) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. § -13 Public education. The department shall engage in a public education program to explain and clarify the purposes and requirements of this chapter to the public, and to guide owners, operators, and managers in their compliance with it. The program may Include but is not limited to publication of a brochure for affected businesses and individuals explaining this chapter. § -14 Other applicable laws. This chapter shall not be Interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. § -15 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter. (b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter. § -16 Cigarette sales from vending machines and by lunch wagons prohibited. (a) The sale or distribution at no charge of cigarettes by the following methods is prohibited: (1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or (2) From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds. (b) Violations of subsection (a), including placement of a cigarette vending machine in a location other than a bar, cabaret, or any establishment for which the minimum age for admission is eighteen, are subject to a fine of up to $1,000 per day for each violation. (c) As used in this section: "Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco. "Lunch wagon' means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks. "Sell' or "sale' means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic In. § -17 Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials. (a) It is unlawful for any person to distribute samples of cigarette or tobacco products, or coupons redeemable for cigarette or tobacco products, in or on any public street, sidewalk, or park, or within one thousand feet of any elementary, middle or intermediate, or high school. (b) It is unlawful for any person to distribute cigarette or tobacco promotional materials, or coupons redeemable for cigarette or tobacco promotional materials, within one thousand feet of any elementary, middle or intermediate, or high school. (c) This section shall not apply: (1) Within private commercial establishments, such as stores and restaurants, where tobacco products are sold, as long as distribution is not visible to the public from outside the establishment; or http://www.hawaiismokefree.com/the_law.html 1/28/2008 Hawaii Smoke Free:: The Law Page 7 of 7 (2) To commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. (d) Any person convicted of violating this section shall be fined not more than $1,000. (e) As used in this section: "Distribute" means to pass out to members of the general public free of charge for the exclusive purpose of promoting a product.' SECTION 3. Chapter 328K, Hawaii Revised Statutes, is repealed. SECTION 4. This Act does not affect the rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date. SECTION S. If any provision of this Act, or the application thereof to any person or circumstance is held Invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions are severable. SECTION 6. This Act shall take effect on November 16, 2006. t~ OUI[S ASSOCLAMM ; Maui Tobacco Frcc ' you= Mdbb- vsue r mami ` Copyright 2006. All rights reserved. Smoke Free Hawaii. http://www.hawaiismokefree.com/the_law.html 1/28/2008 Hawaii Smoke Free:: Frequently Asked Questions Page 1 of 2 live, work, breathe You are here: Hawaii Smoke-Free Home > Hawaii Smoke-Free/Frequently Asked Questions Home Frequently Asked Questions The Law File a Complaint Implementation of the Smoke-Free Hawaii Law, Nov. 16, 2006 (American Cancer Society's Great American Smokeout) FAQ What is the intent of the Smoke-Free Hawaii law? Business Center Hawaii now has a fair and consistent smoke-free law that protects all workers in enclosed - Benefits workplaces. Until this law was passed, smoke-free ordinances varied from county to county. Entire groups of workers were left unprotected from the danger of secondhand smoke. - Toolkit The law is designed to protect the health and wellbeing of the public, including employees, who - Bars/ Restaurants do not want to be subjected to secondhand smoke. It is not a ban. Smokers may still purchase and use smoke-producing tobacco products in areas other than those designated as smoke-free Signage under the law. Compliance Help What is the impact of the law on our community? Helping People Quit The costs of smoking to public health and our economy are substantial. This Is not a simple social behavior issue-there are immediate, acute health dangers, as well as potential long-term consequences such as respiratory Illnesses, heart disease and various types of cancer. Employees who work in smoke-free environments are sick less often. There is mounting evidence that instituting smoke-free workplaces dramatically improves the respiratory health of workers. For example, a study of bartenders in California showed rapid Improvement in respiratory health, both through self-reporting and medical tests of lung function. Hawaii is the fourteenth state to pass a smoke-free law, joining not just a national trend, but a movement sweeping the globe as cities, counties, states, provinces and entire countries become smoke-free. Who supported the passage of the Smoke-Free Hawai'i law? The passage of this law is in direct response to what the overwhelming majority of Hawaii voters asked for. Lawmakers listened to the voice of the people and passed this bill. The Senate voted 22-3 In favor and the House of Representatives voted 47-4 in favor of the law. • A voter poll conducted in fall 2005 showed overwhelming support - 85% - for this type of law. This statistic includes smokers. • 93% of Hawaii voters believe workers should be protected from exposure to secondhand smoke and that restaurants and bars would be healthier for customers and employees if they were smoke- free. 91% believe the laws and protection should be consistent statewide. There is little business opposition. In fact, there is a growing trend for businesses to adopt smoke-free policies. Growing customer demand and increased costs for healthcare and building maintenance fueled these decisions. How will the law affect me? If you are a smoker, now is a great time to consider quitting. Resources such as the Hawaii Tobacco Quitline, 1-800-QUIT NOW, are available to help you determine the best way to break the habit. An increase in the number of quit attempts is expected as November 16, 2006 (American Cancer Society's Great American Smokeout) draws near. Resources, such as the Hawal'i Tobacco Quitline, are available for those who need information and assistance to quit. If smokers light up where smoking is prohibited, they could be fined $50 plus $25 for court costs. http://www.hawaiismokefree.com/faq.html 1/28/2008 Hawaii Smoke Free Frequently Asked Questions Page 2 of 2 Smokers will still be able to smoke at home, in their cars and in outdoor areas that fall outside the reasonable distance provision of 20 feet from doorways, windows and ventilation intakes. Employees of businesses that continue to allow smoking after November 16, 2006, will be able to seek help and report violations to the Department of Health at 586-4613, without fear of retaliation. If the smoke of bars and nightclubs is what kept you away, it's time to dust off your dancing shoes. Nightlife in Hawarl will be smoke-free. How does the law affect my business? As a business owner or manager you will be responsible for compliance with the law. Clearly legible signs with either the words "Smoking Prohibited by Law" or the international "No Smoking" symbol are required to be conspicuously posted at the entrance to any place of employment or place open to the public where smoking is prohibited. If your business or facility is not covered by the language of the law, you may declare it smoke- free (including outdoor areas) by posting signs that designate it as such. Business owners and managers who allow patrons or employees to smoke in a facility that has been declared smoke-free under the Smoke-Free Hawal i law run the risk of fines and suspension or revocation of any licenses or permits issued to either the person or the place of business where the violation occurred. Any questions or concems about the new law may be directed to the Aloha United Way information line by calling 211 or to the Department of Health at 586-4613. Across the country the experience of going smoke-free has been positive for businesses - including bars. The trend has been for Increased revenues. According to the results of a poll conducted in fall 2005, 31% of voters say they would go out the same amount or more often if smoking were not allowed In bars and restaurants and 66% said the law won't affect how often they go out to bars and restaurants. Hawaii businesses should expect to see a positive economic impact with this new law. How do I file a complaint? You have three options: 1. File online at www.HawaiiSmokeFree.com 2. Write a letter to the Department of Health Tobacco Prevention and Education Program, 1250 Punchbowl Street, Room 217, Honolulu, HI 96813 3. Call the Aloha United Way helpline: 211. Ask to file a complaint over the phone, or request a form be sent to your address. If you would like to post a question, please click here. A~ Hcari AMERICAN CARS LA ^SSCCIATKM ~..m~ U.. Hawai i Maui Tobacco Fret KALLM N>tisYYliii Copyright 2006. All rights reserved. Smoke Free Hawaii. http://www.hawaiismokefree.com/faq.html 1/28/2008 =AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to bre wdwfrea air since 1976 Municipalities with Smokefree Park Laws as of January 2, 2008, by date of enactment This list includes those municipalities that specified that all city parks and/or specifically named city parks are smokef ve. The list does not include those municipalities that have designated smoking areas in city parks, those that provide coverage only a certain number of feet from playgrounds or youth areas, and those that provide coverage only during youth events. ttWtt : . side it. Coppell TX Undated ordinance 2. Vestavia Hills L June-1993 3. Clayton CA September-1993 4. Monterey County CA February-1994 5. Salinas CA February-1994 6. Santa Cruz County CA June-1994 7 Watsonville CA July-1994 8. Sylvania OH January-1995 9. Palo Alto CA September-1995 10. Huntington Woods MI February-1996 11. Bellaire TX April-1996 12. Fultondale AL April-1996 13. West Warwick RI ugust-1997 14. North Richland Hills TX October-1997 15. Lindale TX April-1998 16. Lodi CA May-1998 17. Burleson TX September-1998 18. Farmers Branch TX September-1998 19. Shuqualak MS September-1998 20. Wellington FL May-1999 21. Greenville TX June-1999 22. San Ramon CA June-1999 23. Beverly Hills CA JUIy-1999 124. Poulsbo WA August-1999 25. Bainbridge Island WA September-1999 126. Hightstown Borough NJ September-1999 27. Grants Pass OR January-2000 128. Swampscott MA May-2000 29. Grand Terrace CA June-2000 30. Largo FL September-2000 31. Amador County CA October-2000 32. Raritan Township NJ November-2000 33. Sarasota County FL November-2000 34. Coral Springs FL December-2000 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 / FAX (510) 841-3071 www.no-smoke.org • anr@no-smoke.org Page 1 of 7 I $10-m- 35. Silver City NM January-2001 36. Weston FL February-2001 37. Madison WI March-2001 38. Chipley FL ril-2001 39. Whately MA April-2001 40. Beverly NJ May-2001 41. Mammoth Lakes CA June-2001 42. Sherwood OR June-2001 43. Braintree MA July-2001 44. Haltom City TX July-2001 45. West Orange township NJ August-2001 46. San Fernando CA September-2001 47. Los Alamitos CA December-2001 48. Seaside Park NJ December-2001 49. Ashland OR January-2002 50. Cohasset MN February-2002 51. Long Hill Township NJ February-2002 52. Kosciusko MS March-2002 53. Fremont MI April-2002 54. lone CA April-2002 55. Secaucus NJ April-2002 56. West Milford Township NJ May-2002 57. Carson CA June-2002 58. Effingham County GA June-2002 59. Union City NJ June-2002 60. Carlstadt Borough NJ July-2002 61. Dover Township NJ July-2002 62. Logan Township NJ August-2002 63. Bay Minette L September-2002 64. Stafford Township NJ September-2002 65. East Greenwich NJ October-2002 66. Huntington Park CA October-2002 67. Woolwich Township NJ October-2002 68. Eden Prairie MN November-2002 69. Jackson Township NJ December-2002 70. Ceres CA January-2003 71. Concord NH January-2003 72. Laguna Niguel CA January-2003 73. Maple Grove MN January-2003 74. Berlin Township NJ March-2003 75. Shrewsbury Borough NJ March-2003 76. Zimmerman MN March-2003 77. Mount Arlington Borough NJ May-2003 Page 2 of 7 78. New Brighton MN May-2003 79. Redlands CA May-2003 80. Reedley CA May-2003 81. Aitkin MN June-2003 82. Lavallette Borough NJ June-2003 83. Eatontown Borough NJ July-2003 84. River Vale Township NJ July-2003 85. Saint Ignace MI July-2003 86. Livingston Township NJ September-2003 87. Manalapan Township NJ September-2003 88. Plymouth MN October-2003 89. Woodbury Heights Borough NJ October-2003 90. Benton R November-2003 91. Millstone Township NJ November-2003 92. Pasadena CA 4November-2003 93. Hawthorne CA December-2003 94. Carbondale CO January-2004 95. Coon Rapids MN February-2004 96. Dover NH February-2004 97. Fowler CA February-2004 98. Gardena CA March-2004 99. Port Orange FL March-2004 100. Portland ME March-2004 101. Winters CA March-2004 102. Luveme MN April-2004 103. Champlin MN May-2004 104. International Falls MN May-2004 105. Marshall MN May-2004 106. Ramsey MN May-2004 107. Rutland VT May-2004 108. Shoreview MN May-2004 109. Baldwin Park CA June-2004 110. Anoka MN July-2004 111. Fairfax CA July-2004 112. Carpinteria CA August-2004 113. Columbia County WI August-2004 114. East Rutherford Borough NJ August-2004 115. Edina MN August-2004 116, Havre MT August-2004 117. Jackson CA August-2004 118. Ridgefield Borough NJ August-2004 119. Teaneck Township NJ August-2004 120. Andover MN September-2004 Page 3 of 7 1 Y 11 o ifs. 121. Delran Township NJ September-2004 122. Moonachie Borough NJ September-2004 123. Russellville AR September-2004 124. Vineland City NJ October-2004 125. Harris County GA November-2004 126. Fresno CA December-2004 127. Robbinsdale MN December-2004 128. Winthrop ME December-2004 T2 9. Arvada CO January-2005 130. Laguna Hills CA January-2005 131. Maplewood MN January-2005 132. El Monte CA February-2005 133. Hueytown L February-2005 134. National City CA February-2005 135. San Francisco CA February-2005 136. Charles County MD March-2005 137. Logansport IN March-2005 138. Appleton WI April-2005 139. Huntsville AL April-2005 140. Monterey Park CA April-2005 141. Shreveport LA April-2005 142. Alexandria MN May-2005 143. Callaway MN May-2005 144. Headland AL May-2005 145. Battle Lake MN June-2005 146. Cerritos CA June-2005 147. Dayton MN June-2005 148. Douglasville GA June-2005 149. Muscatine IA June-2005 150. Athens- Clarke County GA July-2005 151. Buffalo Grove IL July-2005 1152. Glendale CA July-2005 153. Holmdel Township NJ July-2005 154. Parkers Prairie MN July-2005 155. Woodland CA July-2005 156. Baton Rouge /East Baton Rouge Parish LA August-2005 157. New York Mills MN August-2005 158. Arden Hills MN September-2005 159. Seal Beach CA September-2005 160. Trussville AL September-2005 161. Gardendale L November-2005 162. Deerfield IL December-2005 163. Urbandale IA December-2005 Page 4 of 7 ebb 164. Corvallis OR January-2006 165. Eagle County CO January-2006 166. Calabasas CA February-2006 167. Del Mar CA February-2006 168. St Joseph County IN February-2006 169. Upper Southampton Township PA February-2006 170. Ellsworth MN March-2006 171. Homewood AL March-2006 172. Irondale L March-2006 173. Mendota Heights MN March-2006 174. Dassel MN April-2006 175. Elbow Lake MN April-2006 176. Laredo TX April-2006 177. Malden MA April-2006 178. Troy AL April-2006 179. Adrian MN May-2006 180. Imperial Beach CA May-2006 181. North St Paul MN May-2006 182. Culver City CA June-2006 183. Hoftan MN June-2006 184. Lindenhurst IL June-2006 185. Montevallo L June-2006 186. Mounds View MN June-2006 187. Ashby MN July-2006 188. Baudette MN July-2006 189. La Mesa CA July-2006 190. Palmdale CA July-2006 191. Spring Lake Park MN July-2006 192. Yucaipa CA July-2006 193. Lake Forest IL August-2006 194. Libertyville IL August-2006 195. Smithfield LIT August-2006 196. Crystal MN September-2006 197. Rexburg ID September-2006 198. Westbrook ME September-2006 T9 9. Augusta ME October-2006 200. Bloomington MN October-2006 1201. Chula Vista CA October-2006 1202. Contra Costa County CA October-2006 1203. Hawthorn Woods IL October-2006 1204. Herman MN October-2006 205. Northbrook IL October-2006 206. Orland Park IL October-2006 Page 5 of 7 ~r tMt.> 1207. Palos Verdes Estates JAOctober-2006 208. Tinley Park October-2006 209. Wheaton October-2006 210. Firebaugh October-2006 211. Albert Lea November-2006 212. Hudson Falls NY November-2006 213. Soft Lake City UT November-2006 214. Santa Clarita CA November-2006 21 5. Wilmette IL November-2006 216. Bend OR December-2006 217. Colton CA December-2006 21 8. Emeryville CA December-2006 219. Mesilla NM December-2006 220. San Diego CA December-2006 221. San Diego County CA December-2006 222. Ham Lake MN January-2007 223. Indianola IA January-2007 224. Olmsted County MN January-2007 225. Tyngsborough MA January-2007 226. Chicago Heights IL February-2007 227. Ringwood NJ February-2007 228. San Mateo County CA February-2007 229. Shorewood WI February-2007 230. Linwood City NJ March-2007 231. Westchester IL March-2007 X232. Atkins R April-2007 233. Goshen IN ril-2007 234. Bayou La Bahr May-2007 235. Gulf Shores AL May-2007 236. Hastings MN May-2007 237. New Hope PA May-2007 238. Oceanside CA May-2007 1239, Orange Beach L May-2007 1240, Simi Valley CA May 2007 241. Somerville MA May-2007 242. Temecula CA May-2007 243. Blue Lake CA June-2007 244. Davis County UT June-2007 245. Clovis CA July-2007 246. Jasper July-2007 247. Muskegon MI July-2007 248. Surfside Beach SC July-2007 ;249. Des Moines IA August-2007 Page 6 of 7 ob" flan 1250. El Cajon CA August-2007 251. Los angeles CA August-2007 252. Washington Township NJ August-2007 F5 3. McKinney TX September-2007 254. Prosper TX September-2007 255. Sugar Land TX September-2007 256. Wallingford CT September-2007 257. Watsonville CA September-2007 258. Belmont CA October-2007 259. McComb MS October-2007 260. Pearland TX November-2007 261. Oakland CA December-2007 262. Roseville CA December-2007 While ANRF has been tracking smokefree laws since the mid-1980s, we didn't start tracking smokefree park laws specifically until recently, when these laws became more common. We will continue to review older laws that may have contained these specific provisions, and to update this list to reflect our findings. If you know of a smokefree park law that is not currently listed here, please contact ANRF at (510) 841-3032 or anrgno-smoke.org. May be reprinted with appropriate credit to the American Nonsmokers' Rights Foundation. ® Copyright 1998 - 2008 American Nonsmokers' Rights Foundation. All rights reserved. Page 7 of 7 =AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to breathe smokekee air since 1976 Municipalities with Smokefree Beach Laws as of January 2, 2008, by date of enactment This list includes those municipalities that specified that all city beaches and/or specifically named city beaches are smokefree. The list does not include those municipalities that have restricted smoking to certain areas of beaches. 1. Sharon MA May-1995 2. Westford MA September-1998 3. Grafton MA February-1999 4. Dover Township NJ March-1999 5. Madison Wl March-2001 6. Bloomington MN June-2001 7. Braintree MA July-2001 8. Surf City Borough NJ October-2001 9. Seaside Park NJ December-2001 10. Upton MA June-2002 11. Holliston MA July-2002 12. Mount Arlington Borough NJ May-2003 13. Lavallette Borough NJ June-2003 14. Santa Monica CA April-2004 15. Los Angeles CA May-2004 16. Los Angeles County CA June-2004 17. Carpinteria CA August-2004 18. Fergus Falls MN August-2004 19. Capitols CA September-2004 20. Laguna Beach CA October-2004 21. Manhattan Beach CA October-2004 22. Santa Cruz CA October-2004 23. Brick Township NJ March-2005 24. Battle Lake MN June-2005 25. Gilford NH June-2005 26. El Segundo CA August-2005 27. Ship Bottom Borough NJ August-2005 28. Seal Beach CA September-2005 29. Carmel CA November-2005 30. Del Mar CA February-2006 31. Pacific Grove CA February-2006 32. Monterey CA April-2006 33. Imperial Beach CA May-2006 34. Torrance CA May-2006 2530 San Pablo Avenue, Suite J • Berkeley, California 9472002 • (510) 841320032 f FAX (510) 841-320071 www.no-smoke.org • am@no-smoke.org Page 1 of 2 awrari., : Via. 35. Washington County MN May-2006 36. Hermosa Beach CA June-2006 37. Morro Bay CA June-2006 38. Hoffman MN June-2006 39. Lake Forest IL August-2006 40. Howell MI August-2006 41. Pacifica CA September-2006 42. Sand City CA September-2006 43. Palos Verdes Estates CA October-2006 44. Wilmette IL November-2006 45. San Diego CA December-2006 46. Hawaii County HI January-2007 47. Tyngsborough MA January-2007 48. San Mateo County CA February-2007 49. Buffalo MN April-2007 50. Oceanside CA May-2007 51. Windham NH May-2007 52. Davis County UT June-2007 53. Surfside Beach SC July-2007 54. Des Moines IA August-2007 55. El Cajon CA August-2007 56. Belmont CA October-2007 57. Chicago IL October-2007 While ANRF has been tracking smokefree laws since the mid-1980s, we didn't start tracking smokefree beach laws until recently, when these laws became more common. We will continue to review older laws that may have contained these specific provisions, and to update this list to reflect our findings. If you know of a smokefree beach law that is not currently listed here, please contact ANRF at (510) 841-3032 or anrAno-smoke.org. May be reprinted with appropriare credit to the American Nonsmokers' Rights Foundation. e Copyright 1998 - 2008 American Nonsmokers' Rights Foundation. All rights reserved. Page 2 of 2 =AMERICAN NONSMOKERS' RIGHTS FOUNDATION Deknding your tht to breatlie smoke6ee air since 1976 Summary of 100% Smokefree State Laws and Population Protected by 100% U.S. Smokefree Laws January 2, 2008 Only municipalities and states with ordinances or regulations that are currently in effect and do not allow smoking in attached bars or separately ventilated rooms and do not have size exemptions are listed here. x~ msm 1''v. a Workplaces' and/or Restaurants? and/or Bars' 176,771,821 62.8% Workplaces' and Restaurants? and Bars' 87,263,900 31.0% Workplaces' 129,956,388 46.2% Restaurants? 168,565,771 59.9% Bars' 134,081,956 47.6% Workplaces' and Restaurants? 115,940,101 41.2% Restaurants? and Bars' 134,081,956 47.6% ti~'l b S ? a~ kA f 1. California July 1994 Restaurants2 (1/1/95), Bars' & Gaming4 (1/1/98) 33,871,648 2. Utah 1994, March Workplaces' (5/1/06), Restaurants2 (1/1/95) & Bars' (111109) 2,233,169 3. South Dakota February 2002 Workplaces' (7/l/02) 754,844 4. Delaware May 2002 Workplaces', Restaurants2, Bars' & Gaming4 (11/27/02) 783,600 5. Florida November 2002 Workplaces' & Restaurants? (7/1/03) 16,396,515 6. New York March 2003 Workplaces', Restaurants? & Bars' (7/24/03) 19,011,378 7. Connecticut May 2003 Restaurants? (10/1/03) & Bars' (4/1/04) 3,425,074 8. Maine June 2003 Restaurants2 & Bars' (1/1/04) 1,286,670 9. Idaho April 2004 Restaurants? (7/1/04) 1,293,953 lo. Massachusetts June 2004 Workplaces', Restaurants2 & Bars' (7/5/04) 6,349,097 11. Rhode Island June 2004 Workplaces', Restaurants? (3/1/05) & Bars' (3/31/05) 1,048,319 12. Notch Dakota April 2005 Workplaces' (8/1/05) 642,200 13. Vermont June 2005 Restaurants2& Bars' (9/1/05) 608,827 14. Montana April 2005 Workplaces' & Restaurants? (10/1/05), Bars' & Gaming' (1011109) 902,195 15. Washington November 2005 Workplaces', Restaurants2, Bats' & Gaming4 (12/8/05) 5,894,121 16. New Jersey January 2006 Workplaces', Restaurants2 & Bars' (4/15/06) 8,414,350 17. Colorado March 2006 Restauranbe, Bars' (7/1/06) & Gaming4 (1/1/08) 4,301,261 18. Hawaii July 2006 Workplaces', Restaurants2& Bars' (11/16/06) 1,211,537 19. Louisiana June 2006 Workplaces'& Restaurants2(1/1/07) 4,468,976 2o. Ohio November 2006 Workplaces', Restaurants2& Bars' (12/7/06) 11,353,140 21. Nevada November 2006 Workplaces'& Restaurants2 (12/8/06) 1,998,257 22. Arizona November 2006 Workplaces', Restaurants2 & Bars' (5/1/07) 5,130,632 1 of 2 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-30321 FAX (510) 841-3071 www.no-smoke.org • anrCa)no-smoke.oro (tA:i,° tip,' d 23. New Mexico March 2007 Restaurants2 & Bars3 (6/15/07) 1,819,046 24. New Hampshire June 2007 Restaurants2 & Bars3 (9/17/07) 1,235,786 25. Minnesota May 2007 Workplaces', Restaurants2, Bars3 & Gaming4 (10/1/07) 4,919,479 26. Illinois July 2007 Workplaces', Restaurants', Bars3 & Gaming4 (1/1/08) 12,419,293 27. Maryland May 2007 Workplaces', Restaurants 2, Bars3 & Gaming' (211108) 5,296,486 28. Oregon June 2007 Workplaces', Restaurants 2, & Bars3 (1/1/09) 3,421,399 U.S. POP 281,421,906 F,. Washington D.C. January 2006 Workplaces' (4/3/06), Restaurants' & Bars3 (1/1/07) 572,059 All population figures are from the United States Census 2000 • States with provisions listed in blue italics have enacted laws that are not in effect as of July 3, 2007. • Puerto Rico, a U.S. Commonwealth, enacted a 100% smokefree law for all workplaces, restaurants, bars and gaming, which went into effect on March 2, 2007. 'Includes both public and private non-hospitality workplaces, including, but not limited to, offices, factories, and retail stores. 2Includes any attached bar in the restaurant. 3Includes freestanding bars without separately ventilated rooms. 4Includes only non-tribal gaming facilities. Tribal gaming facilities are sovereign and not covered by state laws. Altogether, there are 12,559 municipalities covered by either local or state 100% smokefree laws in at least one of the three main categories (workplaces, restaurants, and bars). Since some have 100% smokefree coverage in more than one category, the numbers are not mutually exclusive. Due to the possibility of overlap, it can be confusing to understand what each of the figures on our lists mean. Please give us a call if you need help determining the population with a particular type of 100% provision, or a particular combination of 100% provisions. May be reprinted with appropriate credit to the Amerkm Nonsmokers' Rights Foundation. ® Copyright 1998 - 2008 American Nonsmokers' Rights Foundation. AN rights reserved. 11&101 2 Join Earth Make a Resource donation Foundation HOME ABOUT US PROGRAMS EVENTS NEWS LINKS CAMPAIGNS Smoke-Free Beaches The Circle ERFs Our streets and beaches are not your ashtray! newsletter Campaign Goals I Progress I Problems I Solution I In the News I Photo Gallery I Legislation I Useful Links Smoke Free Beaches and Piers Campaign Goals: I AM THE PROBLEM . Eliminate cigarette litter throughout our watershed (beaches, streets, parks, mountains, I AM THE SOLUTION etc. . Educate the public that cigarette butts are not biodegradable; they harm our ecosystems, and contain over 165 chemicals (http://www.tobaccofacts.org/suckedin). . Educate the public that secondhand smoke is one of the leading causes of cancer and contains over 4000 carcinogens. (http://www.intheknow one.com/tobacco/what.htm) PRACTICAL THINGS YOU CAN DO TO BE ECO-FRIENDLY: Progress of smoke free Beaches and Piers: _ California has implemented no smoking policies in restaurants, bars, and some outdoor fix sU car leaks recreational facilities. Earth Resource Foundation believes that our beaches should be next. The reason behind this is primarily because we are polluting our beaches and secondly, the terrible P', po"y sT"'O r.xtr effects of secondhand smoke. prao-„crs and yr t,-, t-,.i: rni,ndups ahyomr nb; rnr ^'=•rr.,u ^t There are cities that have taken action, and have expanded upon this law and made entire beaches and parks smoke-free, such as Solana Beach which now has smoke-free beaches and parks. Hanauma Bay, Oahu, HI has banned smoking because the cigarette Litter was killing sea Uv, kvey ktrrr whrnrvrr ion turtles and other marine wildlife, which Oahu depends on to attract tourist. smu na"rdni,s narrr,% !oiU- Earth Resource Foundation is hosting monthly "Hold on to your Butt" beach cleanups in every Use the sink to rinse wirer- coastal city in Orange County to bring awareness and institute change. Please join us in our heed p."t'l 'nil rc-"w thrr,r,er campaign. See website for upcoming events: http://www.earthresource.org/events/future- h.; (dtrrmg. events.html RrNire. -r'.rsr ,3rd -rrv r. e The following cities in California have Smokefree Beaches and piers: Use a cloth towel ~ers',s Huntington Beach Laguna Beach » Long Beach Los Angeles Malibu Newport Beach San Clemente Santa Monica Seat Beach Solana Beach • The following cities are considering smoking bans in parks and recreational areas: Hermosa Beach (Considering smoke free beaches) Redondo Beach (Considering smoke free beaches) » Santa Ana (Considering smoke free parks) • The following cities in California have smoking bans in parks and recreational areas: http://www.earthresource.org/campaigns/smoke-free/overview.html 1/29/2008 ERF Smoke-Free Beaches Page 2 of 4 Beverly Hills (no smoking permitted in parks) » El Cajon (no smoking permitted in parks and recreational areas) » El Monte (no smoking permitted in playgrounds and Tot Lots) » La Puente (No smoking permitted in public places) Long Beach (No smoking permitted in playgrounds and Tot Lots) Pasadena (no smoking permitted in parks including Golf Course) San Fernando (no smoking permitted in parks and recreation centers) Santa Cruz (Beach Boardwalk is a non-smoking facility considering beaches) Santa Monica (no smoking permitted in parks) » Seal Beach (no smoking permitted on pier) • The following cities are considering smoking bans in parks and recreational areas: to be updated shortly • A growing number of communities have persuaded their local parks to ban or severely restrict smoking: Bellaire, TX in public parks » Eastchester, NY, in some sections of Lake Isle Park » Greenburgh, NY, has limited smoking at Anthony J. Veteran Park, its primary recreation area, Leaving only two designated smoking sections there. Mesa, AZ, bans smoking in just about every outdoor space where the public congregates Mount Olive, NJ, smoking is forbidden at outdoor recreation areas » New York City, NY, smoking is prohibited at children's playgrounds and in public places like work sites, sports arenas, schools and restaurants » Putnam County, NY, banned smoking on its public lakeside beach Rye, NY, Kiddytand section of Playland Park banned smoking in all lines for rides at the amusement park Scarsdale, NY, recently adopted a no-smoking policy for all public parks that have play equipment for children and at playing fields and pools as well as in all village-owned vehicles. Sharon, ME, smoking is prohibited on beaches and in public playgrounds Westchester County, NY The Problems t. Health Statistics o More than 450,000 people in the United States will die this year from a tobacco related disease. According to the Centers for Disease Control and Prevention, secondhand smoke kilts more than 50,000 people in the U.S. It also causes serious diseases such as lung cancer, heart disease, and serious respiratory problems in children, including severe asthma attacks and lower respiratory tract infections. 0 82 percent of Californians do not smoke. More than 4700 non-smoking Califomians are killed and tens of thousands more sickened each year by secondhand smoke. Eleven major health problems are caused in nonsmokers by environmental tobacco smoke (secondhand smoke) including respiratory disease, lung and nasal sinus cancer and heart disease. (http://www.breath-ala.org/htmt/out_facts.htmt) 2. Litter Statistics o In just one day 230,000 cigarette butts were collected from California beaches during the 2000 Coastal Cleanup Day. Cigarette butts were the number one trash item found (www.cigarettelitter.org). o Over 4.5 trillion cigarettes are littered worldwide each year. They are the most littered item in the world (www.cigarettelitter.org). 3. Economic Costs o Some of the costs are associated with the manpower and resources to pick up titter. Who picks up litter? Employees of parks, schools, hotels, restaurants, and local governments have to pick up litter, as well as volunteers who care about the environment. o Other costs are incurred when a cigarette butt starts a fire that destroys a forest, a field, or people's homes. http://www.carthresource.org/campaigns/smoke-free/overview.html 1/29/2008 ERF Smoke-Free Beaches Page 3 of 4 o The costs of "lost revenue' are incurred when tourists will not spend their vacation dollars to visit a beach or park that is full of litter and trash. 4. Environmental cost of cigarettes M No butts about it. The environmental costs of tobacco products are more than just smoke. They include the following: o Filters and plastic wrap from cigarette packages remain in the environment for long periods of time. Cigarette butts are composed of cellulose acetate, a form of plastic, which can take many years to decompose. Cigarette butts may seem small, but with several trillion butts littered every year, the toxic chemicals add up! o Cigarettes contain over 165 chemicals - Some of the chemicals smokers inhale: (http://www.tobaccofacts.o[gLsuckedin) 1. Benzo[a]pyrene: found in coal tar and cigarette smoke and it is one of the most potent cancer causing chemical in the world. 2. Arsenic: deadly poison that causes diarrhea, cramps, anemia, paralysis and malignant skin tumors. It is used in pesticides. 3. Acetone: its one of the active ingredients in nail polish remover. 4. Lead: Lead poisoning stunts growth, causes vomiting, and causes brain damage. 5. Formaldehyde: causes cancer, can damage lungs, skin, and digestive systems. Embalmers use it to preserve dead bodies. 6. Toluene: highly toxic, commonly use as an ingredient in paint thinner. 7. Butane: highly flammable butane is one of the key components in gasoline. 8. Cadmium: cause damage to the liver, kidneys and brain, and stays in the body for years. 9. Ammonia: causes individuals to absorb more nicotine, keeping them hooked on smoking. 10. Benzene: found in pesticides and gasoline. o Plastic pieces have been found in the stomachs of fish, birds, whates, and other marine creatures that mistake them as food, swallowing harmful plastic and toxic chemicals. Ingestion of plastic cigarette filters is a threat to wildlife. o Wind and rain often carry cigarette butts into waterways, where the toxic chemicals in the cigarette filters leak out, threatening the quality of the water and the creatures that live in it. The Solution a what you can do to help? Join our "Hold on to your Butt" beach cleanup!! 1 Click here for upcoming events. Below are our results so far... Date City Estimated No. of Approx.No. of Notes Butts Collected People May 31, Huntington 41000 50 World No Tobacco Day 2003 Beach October 4, San Clemente 6,000 35 Same day as Character Counts 2003 November Newport Beach 10,000 165 Day after Cleaned Beach 15, 2003 http://www.earthresource.org/campaigns/smoke-free/overview.html 1/29/2008 ERF Smoke-Free Beaches Page 4 of 4 February 21, City workers cleaned beach earlier 2004 Laguna Beach 3,000 80 that morning; 3-4 weeks after Surfrider beach clean up March 20, Dana Point 2004 (Capistrano 1,000 30 Beach) April 17, Same day as UCI Earth Day; NHHS 2004 Newport Beach 13,000 172 Surf Club press conference on April 27, 2004 May 22, Huntington 3,000 35 Part of World No Tobacco Day 2004 Beach June 19, Seal Beach 1,500 13 2004 July 17, San Clemente 1,500 13 Same day as Ocean Festival 2004 . Date City Estimated No. of Butts Collected Approx.NO. of People Notes May 31, 2003 Huntington Beach 4,000 50 World No Tobacco Day October 4, 2003 San Clemente 6,000 35 Same day as Character Counts Educate community members to be responsible with their cigarette litter. . Provide smokers with an easily accessible, reusable means to dispose of their cigarette butts responsibly and safely. . Post "no smoking" signs at the beach and make designated smoking areas with ash cans for peoples cigarette butts . Participate in World No Tobacco Day, May 22 (http://www.wortdnotobaccoday.com). This yearly event informs the public of the danger of tobacco, and what people can do to claim their right to health and healthy living and to protect future generation. In Orange County, agencies and organizations gather to promote healthy lifestyles along Huntington Beach for "World No Tobacco Day," (http://www.michaetm.com/design/cool.htmi). It is a day of celebration of non-smokers and an opportunity to dissuade current smokers (May 22, Huntington Beach Pier Plaza). . Set examples for others by not littering. . Volunteer to help organize a cleanup. Write letters to your Mayor and City Council to ask for a smoke-free beaches and pier. . Set a meeting with your local legislature to discuss the problems of litter and air pollution, which come from cigarettes. http://www.earthresource.org/governmentcontacts.htm "In the end, we will conserve only what we love. We only love what we understand. We only understand what we are taught." -Bahia Dioum Senegalese Ecologist 1706 B Newport Blvd, P.O. Box 12364 Costa Mesa, CA 92627 1 Tel:(949) 645-5163 1 Fax:(949) 645-5173 1 e-mail: info@earthresource.org http://www.earthresource.org/campaigns/smoke-free/overview.html 1/29/2008 SignOnSanDiego.com > News > Metro S.D. council votes to ban smoking in city parks... Page 1 of 3 Sign0n5aWNgW.eom Weather I Traffic I Surf I Maps I Webcam wt~ urwpn.Twsyr~ Monda ,Jan. 28, 2008 Choose Category lv" IP *aw MW War. om News S.D. council votes to ban smoking in city Metro I Latest News parks, beaches North County rr~ Temecula/Riverside Coe WETHI$ CefoEli THIS C.BPRINTTHIS C*MOSTPOPULAR Tijuana/Border California Nation Reader Survey Please help SignOnSanDiego_com serve you better by providing the Mexico following anonymous information. This will take only a moment. World Obituaries Age; Gender: (~i Male (D Female Pleanoe Today's Paper 7 AP Headlines Country: United States Zip Code: 8991 298.5313 Business E-mail address: (-OPTIONAL) Technology SubmR Ask Me Later Privacy Policy / Questions? Biotech Markets By Jeanette Steele Quickllnks In Depth UNION-TRIBUNE STAFF WRITER Restaurants "Bars In Iraq June 20, 2006 Hotels Autos Pension Crisis Special Reports Keep your cigarette butts out of Balboa Park and don't bring your Winston Shopping " Healtn " to Windansea. Elderare Singles " Video Multimedia San Diego beaches and arks will become no-smoking zones after the City Photo Galleries parks Council voted yesterday to ban the practice, citing public health and the Business Listings public Topics environment. E:= Education Features The city will join more than Free Newsletters Health I Fitness 30 California locales that have Military outlawed smoking in one $IgnOn News Alerts Politics place or another, after Solana Sign up Now! Science Beach was the first to ban it from beaches in 2003. Cell Phone Alerts Solutions Opinion Privacy Policy s Smokers said they won't get Columnists to enjoy the areas their tax Steve Breen dollars support. They also Forums said the city doesn't have the Weblogs personnel to police the ban, Communities and that existing litter laws could address the problem of SEAN M. HAFFEY / umon-Tnbune U-T South County cigarette butts. Cannella Leak of Savannah, Ga., lit up yesterday at U-T East County Balboa Park. A smoking ban may be in place by late July. Solutions "Where do we smoke now?" Calendar asked Judy Lincoln, a downtown resident who teaches at City College. "I pay Just Fix It taxes like everyone else for the outdoor spaces." Services Pacific Beach resident Dan Bonn said he thinks the new rule might scare Weather away vacationers who like to mix cigars and salt air. Traffic Surf Report "Have any studies been done to see the effects on tourism?" Bonn asked the Archives council. "You may not have to build a bigger airport if you pass this." E-mail Newsletters http://www.signonsandiego.com/news/metro/20060620-9999-ln2Oban.html 1/28/2008 SignOnSanDiego.com > News > Metro S.D. council votes to ban smoking in city parks... Page 2 of 3 Wireless I RSS Heucekeeoing: Noticias en Enlace But the council unanimously sided with groups such as the American Cancer TurrKlgwn Internet Access Society and San Diego Coastkeeper. These advocates said non-smokers Attendant deserve to be safe from second-hand smoke and that cigarette butts comprise AT JO cn LODGE AT TORR EY PINES half the trash found at beaches. Sea Locker HoMe They also seemed to agree with Attendants Frankie Hogan, 12, whose asthma LA JOLLA, CA LODGE Exceptions? AT TORREY PINES elivery makes him sensitive to smoke. D SPeGial °I think it would be easy for adults Mayor Jerry Sanders will have the Butcher LA JOLLA, CA LODGE not to smoke in parks so I can play power to designate exempt areas. AT TORREY PINES c.mYssel,_~ longer and know I am safe," Frankie r told the council. EUM31Xg •L ON: ESTIMATOR / The ban could start in late July, 3o days after the council gives it a procedural SENIOR second reading next week ESCONDIDO, CA BAKER ELECTRIC, mA-nim The council gave responsibility to Mayor Jerry Sanders to decide where, if INC. any, exceptions might be created. Golf courses have been mentioned as one Nurse- fAmily sponsored Links possibility. Nurse PrectlHynsr I Had. Nigh Blood ALPINE, CA Pressure The mayor's office will take two to three months to analyze if any exceptions SOUTHERN INDIAN are workable, said spokesman Fred Sainz. He said Sanders will look to HEALTH CONCL Now it's down to community groups for input. 120/75. how I did it Find out without ty More lobs how drugs Councilwoman Toni Atkins was the only city official yesterday who voiced www.resperate.mm concern about the ramifications. Knee Pain? Atkins said she wished there had been more public debate leading up to the Learn about Stryker vote. She compared it to banning alcohol at the beaches - a long-contentious Knee Replacements issue that has resulted in a July Fourth keg ban but stopped short of total Designed with prohibition. Women in Mind www.aboutstryker.com "We had tons of hearings on that and it went to a public vote," said Atkins, who added that some Balboa Park museums have qualms about the smoking Downey Saving's ban. The tourism-dependent park is in her district Mortgage Great rates & loan Atkins asked that the council get an update after the mayor makes his service. $200 Gift decisions about any exceptions. Card at Funding. www.downeysavings.... The San Diego ordinance Advertisement Guides Buy a link hem will cover a variety of Vegas ' Spas/Salon ' locations including Balboa Travel . Weddings Park, Mission Bay Park and Wine Old Town all city beaches between Baja . Catering Torrey Pines and Point Casino Home Imp. Loma. Anyone caught Golf SD North violating the ban probably Gaslamp . will get a warning but could be charged with an infraction or a misdemeanor. Fines start at $2550. The ban's champions are council President Scott Peters and Councilman Jim Madaffer, who proposed the idea in February. Peters said that, for him, the issue is curbing the accumulation of cigarette butts flicked onto the grass and sand. The city will have to post signs announcing the new policy. These and other startup costs will probably total less than $30,000, Madaffer has said. He has said private donations will be sought, but some public money might be needed. Madaffer and Peters have downplayed the need for lifeguards or city police to http://www.signonsandiego.com/news/metro/20060620-9999-ln2Oban.html 1/28/2008 SignOnSanDiego.com > News > Metro S.D. council votes to ban smoking in city parks... Page 3 of 3 make the proposed ordinance stick Instead, they said, citizens will police themselves. This month, La Mesa approved the same kind of law. Other cities with smoke-free parks or beaches include Del Mar, Solana Beach, El Cajon, National City, Imperial Beach, Santa Monica, Manhattan Beach, Newport Beach, San Francisco and Santa Cruz. Chula Vista recently voted to put a stop to smoking at outdoor restaurant patios, and Del Mar could extend its smoking ban to include all public spaces. On top of that, smoking is already prohibited on most school campuses and at hospital sites, as well as in stadiums such as Qualcomm and Petco Park Its also banned within 25 feet of children's play areas or within 20 feet of an entrance or exit to any state, county or city building. • Jeanette Steele: (619) 293-1030; jen.steele®uniontrib.com Sponsored Links I Had High Blood Pressure Now it's down to 120175. Find out how I did it without drugs w .respense.wrn Knee Pain? Learn about Stryker Knee Replacements Designed with Women in Mind w Abouts0yker.Wrn Your Free Credit Score See your updated 2008 credit report and score instantly and online. w .FreeCreditRepon.wnn Downey Saving's Mortgage Great rates & loan service. $200 Gift Card at Funding. w .doe,neysavings.mm A fresh financial start Bankruptcy can help eliminate your debt. Contact Legal Helpers todayl w .tegaflielpers.com Buy a link hem Contact SignOnSanDlego.com i Online Media Kit i Print Media Kit I Frequently Asked Questions i Make us your homepage Contact the Union-Tribune I About the Union-Tribune I Site Index I Privacy 6 Copyright Policy i Your California Privacy Rights ® Copyright 1995-2908 Union-Tribune Publishing Co. • A Copley Newspaper Site ~i. http://www.signonsandiego.com/news/metro/20060620-9999-ln2Oban.httnl 1/28/2008 Print Version:. Page 1 of 2 Editions of the North County Times Serving San Diego and Riverside Counties Monday, January 28, 2008 Contact Us Archive r WomQ' Send News Blogs AN Media Subscribe Calendar Homes Jobs cars News Search Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stocks Weather Home News Sports Business Opinion Entertainment Features Columnists Community Subscribe Previous Issues Letters Obituaries Place An Ad Send Feedback Print Page Monday, January 28, 2008 Last modified Wednesday, November 14, 2007 1:01 AM PST Encinitas debates smoking ban at beaches, parks By: ADAM KAYE - Staff Writer Solana Beach banned beach smoking ]in 2003 ENCINITAS - After years of resistance by the City Council, Encinitas is poised to become the next and one of the last coastal cities in San Diego County to enact a smoking ban at beaches. The council voted unanimously Tuesday to have its attorney prepare an ordinance prohibiting cigarette smoking at beaches, parks, on city trails and in outdoor dining A smoker who did not want to be identified smokes as he enjoys areas. the beautiful day overlooking Moonlight Beach in Encinitas Tuesday afternoon. The council did not rule out expanding the smoking ban jAMre scorn LrnE Staff Photographer to other public places in the future. Order a copy of this photo Visit our Photo Gallery Councilwoman Teresa Barth told her colleagues she hoped a smoking ban would put Encinitas in line with other coastal cities. "I support the beaches, trails, parks and restaurants as a first step that has overwhelming support," she said. Starting with Solana Beach in 2003, cities one by one have adopted ordinances restricting smoking in public places. San Diego, Del Mar and Oceanside prohibit smoking on their beaches. The county of San Diego prohibits smoking at its parks. In Carlsbad, where most beaches are state-controlled, no beach-smoking ordinance exists. In 2004, the Encinitas City Council rejected a proposed beach smoking ban by a 3-2 vote. Councilmen James Bond, Jerome Stocks and Dan Dalager dissented. Those votes flipped Tuesday. Earlier this year, Deputy Mayor Jerome Stocks proposed a city election to decide the issue but backed off the idea when presented with the costs. In recent years, health and youth advocates have urged Encinitas to follow the lead of other area cities. 'They had the possibility to be one of the first," said resident Jesse Ramirez, who lobbied the council for a smoking ban three years ago. "At least they won't be the last" On Tuesday the council did not debate the costs associated with enacting a smoking ban. http://www.nctimes.com/articles/2007/11/14/news/top_stories/5_ 04_3411 _13_07.prt 1/28/2008 Print Version % Page 2 of 2 In a report to the council, Assistant City Attorney Greg Lusitana said state laws prohibit smoking at playgrounds, in indoor workplaces, in public buildings and within 20 feet of doors and windows of public buildings. A dozen of 18 local jurisdictions, including the county, ban smoking at all enclosed spaces open to the general public as well as workplaces. The jurisdictions allow for smoking in designated areas. El Cajon's smoking ordinance regulates secondhand smoke in public areas and workplaces. In specific areas, employers and city officials can designate so-called "smokers' outposts," where its legal to light up. For enforcement, Encinitas council members said they favored a kind of honor system, whereby smokers would obey signs and people would remind violators of the local law. The council did not specify what kinds of penalties violators should face. Lusitana said violations usually result in misdemeanor fines beginning at $100 for a first offense. More than a dozen speakers Tuesday urged the council to proceed with the ban. Many of the speakers have pressured the council to do so for years. Alan Honadle of the local Surfrider Foundation chapter said cigarette butts are the most common type of litter found on the beaches. One out of five pieces of trash collected during the foundation's routine beach cleanups is a cigarette butt, he said, and children sometimes place the butts on sandcastles or in their mouths. Citing studies, some speakers testified that smoking bans have not hurt business at restaurants and bars. Kiyo Wilbur of the North Coastal Youth Partnership told the council that her group had surveyed business owners in downtown Encinitas. "Most businesses said they would support a smoking ban and said that drifting smoke was a problem for them," she said. Debra Kelly of the American Lung Association noted that prohibiting smoking on city trails was a smart move for fire safety. She said nonsmokers would become the enforcers of a smoking ban. "With only 13 percent of Californians smoking, you have 80 percent of Californians willing to speak up if they know what the rules of the road are," Kelly said. "The community can be the arms and ears or your enforcement" During the council's deliberations, Stocks told his colleagues that a-mails he has received and 700 people he has spoken to support an outright smoking ban. "What I'm detecting is a complete lack of tolerance for having to smell someone else's cigarette smoke," Stocks said. "I'm not sure that's the best way to govern. Maybe a baby step would be the best way to go first." - Contact staff writer Adam Kaye at (760) 901-4074 or akaye@nctimes.com. http://www.nctimes.com/articles/2007/11/14/news/top stories/5_ 04_3411_13_07.prt 1/28/2008 in the know zone - tobacco Page 1 of 3 What is tobacco? what is tobacco? What we commonly call "tobacco" includes cigarettes, cigars, loose tobacco in the brain pipe tobacco, chewing tobacco, and snuff. These products contain the dried, processed leaves of the tobacco plant nicotiana rustica or short-term effects nicotiana tabacum. All tobacco contains nicotine, an addictive drug. Today's tobacco also contains thousands of other chemicals designed I0097term, effects to make the products more user-friendly and addictive. addiction Chemicals in Tobacco statistics In addition to nicotine, cigarette smoke contains over 4,000 different history chemicals. The vast majority of these chemicals are added to the tobacco to add to its addictiveness, improve its flavor, and/or to more about soft increase bum rate, which increases sales. tobacco Here's one example of a chemical added specifically to make tobacco links more addictive: - - test yourself! Ammonia (one of the 4,000 chemicals placed in cigarettes) Is added solely for the purpose of enhancing the effects of nicotine. Ammonia added to commercially made cigarettes can boost the impact of nicotine 100 times. (The Washington Post, July 30, 1997) Following are some of the categories of chemicals found in each cigarette: Cancer Causing Agents Nitrommines Crysenes Cadmium Benzo(a)pyrene Polonium 210 Nickel P.A.H.s Dibenz Acidine B-Napthylamine Urethane N. Nitrosonornicotine Toluidine Metals Aluminum Zinc Magnesium Mercury Gold Silicon Silver Titanium Lead Copper Acetone Nail Polish Remover Acetic Acid Vinegar Ammonia http://www.intheknowzone.com/tobacco/what.htm 1/28/2008 in the know zone - tobacco Page 2 of 3 Floor/Toilet Cleaner Arsenic Poison Butane Cigarette Lighter Fluid Cadmium Rechargeable Batteries Carbon Monoxide Car Exhaust Fumes DDT/Dieldrin Insecticides Ethanol Alcohol Formaldehyde Dead Body Preserver Fabric Preserver Hexamine Barbecue Lighter Hydrogen Cyanide Gas Chamber Poison Methane Swamp Gas Methanol Rocket Fuel Napthalens Mothballs Nicotine Insecticide Addictive Drug Nitrobenzene Gasoline Additive Nitrous Oxide Phenols Disinfectant Stearic Acid Candle Wax Toluene Industrial Solvent Vinyl Chloride Ingredient of PVC How are tobacco products different from each other? Tobacco products differ mostly in the way they are used and, consequently, the way they injure users. Cigarettes are the most common form of tobacco used, but cigars and smokeless tobacco are every bit as dangerous. All tobacco causes cancer; cigars and cigarettes most commonly cause lung cancer, but they can lead to a variety of other cancers, as well. Smokeless tobacco, on the other hand, mostly causes cancer of the mouth, throat, and stomach. All http://www.intheknowzone.com/tobacco/what.htm 1/28/2008 in the know zone - tobacco Page 3 of 3 tobacco use also leads to heart disease. All tobacco contains nicotine, which is a highly addictive drug, but the different products have different amounts. For example, one cigar has as much nicotine as almost three packs of cigarettes. A cigar can contain up to 444 mg of nicotine, while a cigarette can contain up to 11 mg of nicotine! A pocket-size packet of smokeless tobacco contains as much nicotine as three packs of cigarettes. The moister the tobacco, the higher the nicotine content. All tobacco also contains a variety of toxic chemicals. Cigar smoke has the same poisons and chemicals that cause cancer as cigarette smoke and contains higher levels of some of those chemicals. Smokeless tobacco contains formaldehyde, which is embalming fluid, nitnosamme and benzopymne, which are known carcinogens, and Uranium 235 and Polonium 210, both of which are nuclear products. In all, chewing tobacco (or spit tobacco) contains at least 28 cancer- causing chemicals! home • about • order • contact • privacy • terms of use © 2001 Svndistar In_c. All Rights Reserved. http://www.intheknowzone.com/tobacco/what.httn 1/28/2008