This chapter shall be known and may be cited as the "Smoking in Public
Places Ordinance."
New Hope Borough Council hereby finds as follows:
A. Tobacco smoke, also known as "secondhand smoke," whether
inhaled through smoking or indirectly through exposure to smoky environments,
contains more than 4,000 known chemical compounds that are released into the
air as particles and gases.
B. According to a 2001 report issued by the National Cancer
Institute, there are 69 known or probable carcinogens in tobacco smoke.
C. In 1986, the United States Surgeon General concluded
that exposure to secondhand smoke can cause lung cancer in healthy nonsmokers.
D. In 1992, the United States Environmental Protection Agency
(EPA) published results of an environmental tobacco smoke study.
E. In 1992, the EPA concluded that exposure to secondhand
smoke is responsible for approximately 3,000 lung cancer deaths annually in
nonsmokers in the United States, and that secondhand smoke has a statistically
significant effect on the respiratory health of nonsmoking adults.
F. For children, the 1992 EPA report concluded that exposure
to secondhand smoke is causally associated with an increased risk of lower
respiratory tract infections, such as bronchitis and pneumonia; an increased
prevalence of fluid in the middle ear; and an increase in symptoms of upper
respiratory tract irritation. Moreover, the report concluded that secondhand
smoke is responsible for the increase in the number of episodes and the severity
of symptoms in asthmatic children, and causes thousands of nonasthmatic children
to develop this condition each year.
G. A 2004 study appearing in the Journal of Occupational
and Environmental Medicine found that levels of cancer-causing particles were
up to 50 times higher in a smoky bar than on a busy highway. Credible evidence
exists that a nonsmoking bar and restaurant worker's blood cotinine levels
are similar to those of a smoker due to heavy environmental tobacco smoke
in some establishments. This type of exposure results in the same risks for
neoplasms, lung, heart and vascular diseases among nonsmoking hospitality
workers as in workers choosing to smoke. A New York City study showed significantly
lower levels of nicotine in bar and restaurant workers' blood levels
within eight months of the onset of the smoking ban in New York City restaurants,
bars, and clubs.
H. The 2004 Journal of Occupational and Environmental Medicine
study also found that while 3/4 of white collar workers are covered by smoke-free
workplace policies, fewer than 13% of bartenders and wait staff have the benefit
of a smoke-free workplace. As recently as 2002, food service workers accounted
for the fourth highest number of employees in the workforce. As important,
20% were teenagers, 56% were female; approximately 12% were African-American;
and nearly 20% were Hispanic.
I. The Pennsylvania Restaurant Association endorses a comprehensive
ban on smoking for restaurants, bars, casinos, and private clubs.
J. Retrofitting existing buildings with ventilation devices
is cost prohibitive. Moreover, there exists no scientific evidence demonstrating
that ventilation technology can effectively rid an indoor environment of secondhand
smoke. The federal Occupational Safety and Health Administration (OSHA) has
concluded that ventilation is not an acceptable engineering control measure
for reducing and/or eliminating occupational exposure to secondhand smoke.
K. Based on 2002 and 2005 survey results, nearly 75% of
Pennsylvanians do not smoke, and 77% of Pennsylvanians believe that people
should not be exposed to secondhand smoke in public places.
L. Many citizens of New Hope Borough are exposed to the
harmful effects of tobacco smoke due to its widespread presence in public
places and in the workplace. Exposure to secondhand smoke presents a substantial
health risk to adult nonsmokers and children.
M. According to the United States Surgeon General's
2006 report "The Health Consequences of Involuntary Exposure to Tobacco Smoke,"
secondhand smoke exposure increases the risk of heart disease and lung cancer
in adults, and sudden infant death syndrome and respiratory problems in children.
N. The Surgeon General's 2006 report also found that
there is no risk-free level of secondhand smoke exposure, even with brief
exposure adversely affecting the cardiovascular and respiratory systems, that
only smoke-free environments effectively protect nonsmokers from secondhand
smoke in indoor spaces, and that millions of Americans continue to be exposed
to secondhand smoke in their homes and workplaces.
O. The United States Surgeon General further concluded that
secondhand smoke has been found to contain more than 50 carcinogens and at
least 250 chemicals that are know to be toxic or carcinogenic.
P. In addition, the Surgeon General's 2006 report concludes
that smoke-free environments are the only approach that effectively protects
nonsmokers from the dangers of secondhand smoke, and that even sophisticated
ventilation approaches cannot completely remove secondhand smoke from an indoor
setting. Because there is no risk-free level of secondhand smoke exposure,
anything less than a complete ban cannot ensure that nonsmokers are fully
protected from the dangers of exposure to secondhand smoke.
Q. The current status of the state law regarding smoking
in public places is unclear. In 1999, through Act 45 of 1999, the Pennsylvania
Legislature approved the repeal of the Pennsylvania Clean Indoor Air Act (Act
168 of 1988). The Pennsylvania Clean Indoor Air Act purported to prohibit
municipalities from regulating smoking in indoor places.
R. Subsequent action by the Pennsylvania Legislature has
not clarified whether the Pennsylvania Legislature continues to preserve the
Clean Indoor Air Act prohibition, and whether New Hope Borough has independent
authority under the Pennsylvania Borough Code to enact regulations relating
to smoking in indoor spaces.
S. In the absence of a clear state statute prohibiting smoking
in public places, local restrictions are necessary to protect the public's
health, safety and welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
BOROUGH
The Borough of New Hope, Bucks County, Pennsylvania.
COMMON USE AREA
An area in any building or structure intended for the common use
of residents, the public or invited guests.
DRINKING ESTABLISHMENT
Any food or beverage establishment whose on-site sales of food for
consumption on the premises comprises no more than 10% of gross sales of both
food, nonalcoholic and alcoholic beverages on an annual basis, or on such
other basis as the Borough shall provide by resolution with respect to such
establishments that have been open for less than one full year.
ENCLOSED AREA
All space between a floor and ceiling which is enclosed on all sides
by solid walls or windows (exclusive of doors or passageways) which extend
from the floor to the ceiling.
FOOD OR BEVERAGE ESTABLISHMENT
Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner,
fast-food establishment, cafeteria, banquet hall, catering facility, food
court, or any other eating or drinking establishment which gives or offers
for sale food or drink to the public, guests, or employees whether for consumption
on or off the premises.
FOOD FACILITY
Any enclosed area, stationary or mobile, permanent or temporary,
where food is prepared, handled, served, sold or provided to any consumer,
whether for consumption on or off the premises. Any person who owns, operates,
manages or otherwise controls any of the entities described in this subsection
shall be cited as a "food facility" for the purposes of this chapter.
PASSAGEWAY
An enclosed means of ingress and egress to any regulated area, used
by employees, residents, guests, contractors or the public, up to and including
20 feet in any direction from the outermost point of public contact with the
area
PRIVATE CLUB
Any reputable group of individuals associated together as a not-for-profit
organization for legitimate purposes of mutual benefit, entertainment, fellowship
or lawful convenience which regularly and exclusively occupies, as owner or
lessee, a clubhouse or quarters for the use of its members; and, which holds
regular meetings, conducts its business through officers regularly elected,
and admits members by written application, investigation and ballot. Notwithstanding
the foregoing, any volunteer fire company located within and/or serving the
Borough is not a private club.
REGULATED AREA
Any area where smoking is prohibited under this chapter.
SMOKE or SMOKING
Inhaling, exhaling, burning or carrying any lighted cigarette, cigar,
pipe or other such device which contains tobacco or other smoke-producing
products.
TOBACCO-SMOKE-PRODUCING INSTRUMENT
Any device or configuration designed to facilitate the inhalation
of tobacco or other plant material smoke, including without limitation factory
or hand-rolled cigarettes, cigars, hookahs, bongs and pipes.