The city of Morgan Hill is set to snuff out smoking in many outdoor public areas, but some area businesses think the proposed “secondhand smoke” ordinance is redundant and burdensome.
The city council is scheduled to vote on the ordinance at its meeting Wednesday, following months of public outreach and back-and-forth discussion among the council members and city staff to ensure the new rule is fair to everyone who will be affected.
The proposed ordinance would outlaw smoking outdoors in dining areas, near building entryways (including windows and vents) facing the street or sidewalk, public events such as the Mushroom Mardi Gras, recreation areas and service areas such as ATM lines and bus stops.
The policy would also prohibit smoking “within a reasonable distance” – defined as 25 feet – of the outdoor eating areas. And at council members’ request after a February meeting, the ordinance would allow smoking near entryways on the back side of buildings, where they are not facing the street or sidewalk.
The policy would allow renters of city-owned facilities such as the Community and Cultural Center or Galvan Park to designate a clearly marked outdoor smoking area for their public events. That was also added to the ordinance at the request of the council, who worried that the exclusion of such a provision might discourage facility rentals which bring revenue directly to the city.
The overall purpose of the ordinance is to protect non-smokers from the potentially harmful effects of secondhand smoke, according to a city staff report. Tobacco-related illnesses kill about 443,000 people nationwide per year.
The California Air Resources Board considers secondhand smoke as toxic as automotive exhaust and industrial air pollutants, according to the city staff report.
The Morgan Hill Chamber of Commerce agrees smoking is an unhealthy habit that should be discouraged, the organization said in a letter to the council that the proposed ordinance is too burdensome to businesses and could discourage the economic development of Morgan Hill.
“We want to be sure the city council looks at every ramification, and see if we can reach a meeting of the minds,” said Chamber board of directors chair Lorraine Welk.
The letter states that the current draft of the ordinance “differs significantly” from the concept first promoted by the parks and recreation commission and city staff in August 2011 which initially only addressed keeping parks and public spaces smoke-free.
The ordinance “now prohibits smoking indoors as well as outdoors and places a great deal of the ordinance’s compliance on building owners and business operators,” says the letter signed by Welk and government co-chair Jeff Burrus.
They added that the city’s proposal is “redundant” to existing federal and state laws that already restrict smoking indoors, in service areas and within 20 feet of entryways.
The new rules “will have a negative effect on events and attractions such as the No Bull BBQ and others which are designed to attract visitors to Morgan Hill and generate revenue to local businesses and the city,” the Chamber’s letter says.
Furthermore, the ordinance puts “inappropriate responsibility” on business owners, managers and commercial tenants to enforce the provisions at their places of business, according to the Chamber.
“Such added responsibilities provide building owners and business managers with reason to seek locations other than Morgan Hill,” the letter says.
For a few months in late 2011 and early this year, the PRC collected data from the public through an online survey to gauge how much they support the concept of an outdoor smoking ban.
The vast majority of the 630 people who responded to the 10-question survey – about 86 percent – said they support prohibiting smoking in outdoor areas. Support was lower when asked if they’re in favor of prohibiting smoking in certain specific areas such as outdoor events such as the Mushroom Mardi Gras (57 percent), public sidewalks (55 percent), and outdoor public work sites (60 percent).
The ordinance would slap a $100 fine on smokers caught puffing in the outdoor areas the first time. A second offense would cost a $200 fine, and $500 for third and subsequent offenses.
If approved Wednesday, the ordinance will take effect before the summer starts.
The city will be compensated for staff time devoted to drafting the ordinance through a grant from Santa Clara County, to the tune of $33,500. And the city will be reimbursed about $8,000 for the purchase of signs and educational materials.
What: The city council will conduct a public hearing on the proposed outdoor smoking ordinance
When: 7 p.m. Wednesday
Where: City Hall’s council chambers, 17555 Peak Ave.
