HomeMy WebLinkAbout09-15-20 City Commission Packet Materials - A1. Res 5053 Tobacco-free Parks Policy
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Addi Jadin, Parks Planner and Development Manager
Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT: Adoption of Resolution 5053 Tobacco-Free Parks Policy MEETING DATE: September 15, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: Adopt Resolution 5053 Establishing a Tobacco Free Policy for City of Bozeman Parks
RECOMMENDED MOTION: I move to adopt Resolution 5053 establishing a tobacco free
policy for City of Bozeman Parks.
STRATEGIC PLAN: Resolution 5053 aligns with the following sections of the Bozeman Strategic Plan:
• 1. An Engaged Community
• 1.3 Public Agency Collaboration - Foster successful collaboration with other public agencies and build on these successes.
• 3. Safe, Welcoming Community
• 3.4 Active Recreation - Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND: Beginning spring 2015, Gallatin City-County Health Department (GCCHD) staff worked with a youth-led student coalition and a tobacco prevention workgroup to promote tobacco-free parks in Bozeman. In November 2017, the Recreation and Parks
Advisory Board (RPAB) voted unanimously to recommend a tobacco-free parks resolution to the
City Commission. To demonstrate the impact of a resolution, a tobacco free policy was piloted in two Bozeman City Parks with the greatest occurrence of tobacco use. The primary strategies for policy compliance included prominently placed tobacco free parks signs and public outreach through various media outlets. In summer 2019, litter and observations collected in the same
manner as baseline revealed a decrease in tobacco use. The results of the pilot project were
presented by Heather Demorest, Health Promotion Specialist from Gallatin City-County Health Department, to the RPAB, and subsequently to the City Commission in February 2020. With the support of the Gallatin County Board of Health, Bozeman Health, Bridger Care, Montana State University, and other community partners, it was recommended that the commission consider the
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adoption of a tobacco free resolution for all city parks. On February 3, 2020, the City
Commission recommended a tobacco-free parks resolution be drafted for consideration.
Summary of Public Health Research and Purpose of the Resolution
The Gallatin City-County Health Department has shown a measureable success with the pilot project. They have provided ample documentation and reasoning behind the policy proposal and
have provided City Parks staff with sample policies from other Cities in Montana and elsewhere (see attachments).
The purpose of the Resolution is to promote a culture of health within the City of Bozeman, and more specifically, City of Bozeman Parks and Trails. Similar to Mayoral Proclamations that declare that the City of Bozeman is a “Safe, Welcoming, and Inclusive Community” or a
“Thriving Community” that supports children and families, with the passing of this Resolution, the City Commission is taking the opportunity to promote healthy lifestyle choices. The passing of this Resolution is a signal to City of Bozeman staff and the greater public that the City of Bozeman supports people with chemical dependencies, their families, and people who work in addiction counseling and public health.
Tobacco use remains the leading cause of preventable morbidity and mortality in Montana. Tobacco free parks reduce secondhand smoke exposure, decrease the environmental impacts of toxic tobacco litter, encourage tobacco cessation, and promote healthy-behaviors. Similar to the passing of the Clean Indoor Air Act (CIAA) by the Montana legislature in 2005, this policy is
aimed at reducing heart attack rates; reducing lung disease, including lung cancer, as well as
other debilitating and fatal illnesses; and protecting unborn children and young children from health problems. According to the Surgeon General, there is no safe level of secondhand smoke. The policy sets up the expectation for parents that the Recreation and Parks Department works to minimize exposure to unhealthy habits in areas where children are learning healthy alternatives
and practicing to be happy and healthy citizens. Normalizing of tobacco use should not occur in
City of Bozeman Parks and Trails. Staff is not recommending an ordinance due to the extra cost of enforcement and criminalization of people with an addiction. The pilot project proved that signage has a visible impact.
Resolution
The recommended resolution provided by staff relies on research from public health experts; uses the most current language from State resources to include vaping, chewing tobacco, or other nicotine-containing products; does not eliminate ceremonial usage of tobacco; and authorizes
City staff to collaborate with the City-County Health Department to coordinate implementation.
Language in the resolution also clarifies that the Tobacco-free Parks Resolution applies to City Parks, including city-owned trail corridors known as “linear parks” but not trails within right-of-ways.
Implementation of the Resolution
Parks and Recreation staff will work with City-County Health Department staff to promote the resolution and introduce signage into parks. In the near future, the City-County Health Department will provide funding to cover the cost of signage. Parks and Recreation staff will explore the adoption of the signage as part of our official required signage in new developments.
Any changes to required signage are adopted by the City Commission.
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UNRESOLVED ISSUES: N/A
ALTERNATIVES: As suggested by the commission.
FISCAL EFFECTS: All tobacco-free parks signs will be provided by the Gallatin-City County Health Department. The funding to cover this cost is provided to the Health Department through the State’s Montana Tobacco Use Prevention Program (MTUPP).
Attachments:
Resolution 5053 Supporting Documentation Provided by City-County Health Department Existing Resolutions or Ordinances in Other Cities
Example Signage
Report compiled on: September 3, 2020
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EXAMPLE RESOLUTIONS AND
ORDINANCES:
- HELENA RESOLUTION
- HELENA'S AMENDMENT
- MISSOULA ORDINANCE
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RESOLUTIONS OF THE CITY OF HELENA, MONTANA
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RESOLUTION NO. 20147
A RESOLUTION ESTABLISHING A TOBACCO-FREE POLICY
FOR DEVELOPED PARKS AND RECREATION FACILITIES
WHEREAS, tobacco-free environments provide an opportunity
to role model non-smoking behavior in our community, especially
to children and youth; and
WHEREAS, following use, tobacco products are often discarded
on the ground, posing a risk of ingestion to young children
and animals, and causing significant litter problems requiring
additional maintenance expense; and
WHEREAS, the City Commission and the City-County Parks Board
believe that city parks are established to promote healthy
activities and community wellness; and
WHEREAS, community surveys and assessment results indicate
strong community support for tobacco-free playgrounds, parks, and
other outdoor recreation facilities; and
WHEREAS, the management of most City, County and Helena
School District facilities and properties include tobacco-free
policies; and
WHEREAS, the City-County Parks Board voted unanimously on
September 3, 2014, in favor of a recommendation to the Helena
City Commission to continue the tobacco-free policy at
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RESOLUTIONS OF THE CITY OF HELENA, MONTANA
Res. No. 20147
Centennial Park and expand the policy to include all developed
city parks and recreation facilities in Helena; and
WHEREAS, the City-County Board of Health supports the
recommendation by the City-County Parks Board to the City of
Helena to continue the tobacco-free policy at Centennial Park
and extend the policy to the other developed city parks and
recreational facilities.
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF HELENA, MONTANA:
SECTION 1. All City of Helena parks and recreational
facilities that are not designated “natural parks” are tobacco-
free. No person may use any form of tobacco at these parks and
facilities, including, but not limited to, any permanent or
portable toilets, spectator and concession areas, parking lots,
playgrounds, warming houses, or trails.
SECTION 2. The City of Helena’s Bill Roberts Golf Course is
not included as a recreation facility and is specifically
exempted from this resolution.
SECTION 3. The City of Helena Parks and Recreation
Department will utilize community and state resources to
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RESOLUTIONS OF THE CITY OF HELENA, MONTANA
Res. No. 20147
undertake community awareness and education efforts regarding the
tobacco-free policy in City parks and recreation facilities.
Such efforts may include, but are not limited to,
installation of signs and postings in appropriate areas in the
parks and parking lots, and notification of the community at
large, especially park user groups and neighboring businesses and
organizations, about the existence of the tobacco-free policy.
SECTION 4. City staff will make periodic observations of
parks and recreation facilities to monitor for compliance of this
policy.
PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF
HELENA, MONTANA, THIS 23rd DAY OF FEBRUARY, 2015.
/S/ James E. Smith
MAYOR
ATTEST:
/S/ Debbie Havens
CLERK OF THE COMMISSION
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RESOLUTIONS OF THE CITY OF HELENA, MONTANA
RESOLUTION NO. 20373 A RESOLUTION AMENDING THE TOBACCO-FREE POLICY FOR DEVELOPED PARKS AND RECREATION FACILITIES TO PERMIT SMOKING OF NONCOMMERCIAL TOBACCO PRODUCTS FOR CEREMONIAL OR SPIRITUAL PURPOSES BY NATIVE AMERICANS WHEREAS, Resolution No. 20147 established a tobacco free policy
for developed parks and recreational facilities, and
WHEREAS, many American Indian tribal nations and Indian people
use tobacco for ceremonial purposes.
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
HELENA, MONTANA:
Section 1. The tobacco-free policy at developed parks and
recreational facilities does not preclude the smoking of noncommercial
tobacco products for ceremonial or ritual purposes in accordance with
the American Indian Religious Freedom Act, 42 U.S.C. 1996, or for
similar religious ceremonial uses for other cultural groups.
“Noncommercial tobacco products” means unprocessed tobacco plants
or tobacco by-products used for ceremonial or spiritual purposes by
Native Americans.
PASSED AND EFFECTIVE BY THE COMMISSION OF THE CITY OF
HELENA, MONTANA, THIS 7th DAY OF AUGUST, 2017.
/S/ JAMES E. SMITH MAYOR ATTEST: /S/ DEBBIE HAVENS CLERK OF THE COMMISSION
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Ordinance 3604
An ordinance amending Chapter 8.37 Missoula Municipal Code entitled “Smoking in Indoor Places
of Employment and Public Places” revising the title to read “Smoking in Public Places and
amending Sections 8.37.010 through 8.37.140 to update regulations and address e-cigarettes,
codify Health Department smoking shelter guidelines and Parks and Recreation Department rules
restricting smoking in certain areas, afford private businesses the ability to restrict smoking
within 25 feet of their doorways, vents and other openings and clarify enforcement procedures.
Be it ordained the Chapter 8.37 Sections 8:37.010 through 8.37.140 are hereby amended as
follows:
Chapter 8.37
SMOKING IN PUBLIC PLACES
Sections:
8.37.010 Findings and Purpose.
8.37.020 Definitions.
8.37.030 Smoking Prohibited.
8.37.040 Exemptions to Smoking Prohibitions of MMC 8.37.030.
8.37.050 Smoking Shelters.
8.37.060 Ashtrays.
8.37.070 Notification and Signage.
8.37.080 Enforcement.
8.37.090 (reserved).
8.37.100 Nonretaliation.
8.37.110 Violations and Penalties.
8.37.120 Public Education.
8.37.130 Other Applicable Laws.
8.37.010 Findings and Purpose.
A. Pursuant to Article II, Section 3 of Montana’s Constitution, all persons have certain inalienable
rights which include a constitutional “right to a clean and healthful environment.” And pursuant to Article
IX, Section 1 of Montana’s Constitution, “the state and each person shall maintain and improve a clean
and healthful environment in Montana for present and future generations.” With respect to this right and
correlating duty, it is the intent of the City Council, the Board of County Commissioners, and the City-
County Health Board (Health Board) in enacting this health ordinance to prescribe requirements
concerning smoking tobacco in order to provide for a clean and healthful environment and to protect the
health and safety of Missoula visitors and residents from exposure to smoke in environments not under
their control.
B. The Missoula City Council, the Missoula Board of County Commissioners, and the Health Board
hereby find that:
1. Environmental tobacco smoke (ETS) has been categorized as a known carcinogen by the
United States Environmental Protection Agency (EPA), and;
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2. Numerous scientific studies have determined that environmental tobacco smoke is a major
cause of indoor air pollution that contains more than 40 known human carcinogens, numerous
suspected carcinogens, co-carcinogens, carbon monoxide, sulfur dioxide, nitrous oxides, EPA-listed
hazardous air pollutants, cilia toxic agents, sub-micron sized particulate, and;
3. The Surgeon General of the United States has declared that smoking is the largest preventable
cause of premature death and disability in the United States; breathing environmental tobacco smoke
is a cause of disease, including lung cancer, in nonsmokers, and;
4. At special risk from environmental tobacco smoke are children, elderly people, individuals with
cardiovascular disease and individuals with impaired respiratory function, including asthmatics and
those with obstructive airway disease, and;
5. Health hazards induced by breathing secondhand smoke include lung cancer, heart disease,
respiratory infection, decreased respiratory function and broncho-constriction, and;
6. The National Institute for Occupational Safety and Health has recommended that all preventable
measures should be used to minimize occupational exposure to environmental tobacco smoke, and;
7. Employees working in enclosed spaces where smoking is present have little or no control over
the environment to which they are exposed, yet are likely to suffer lengthy and repetitive exposure to
ETS; and
8. While alternative smoking devices contain fewer toxic chemicals than the deadly mix of 7,000
chemicals in smoke from regular cigarettes, e-cigarette aerosol is not harmless. It can contain harmful
and potentially harmful substances, including nicotine, heavy metals like lead, volatile organic
compounds, and cancer-causing agents, and can be inhaled by bystanders.
C. In conjunction with the Montana Clean Indoor Air Act, the purpose of this ordinance is to:
1. Protect the public health and welfare by prohibiting smoking in public places and places of
employment;
2. Recognize the right of nonsmokers to breathe smoke-free air, and
3. Recognize the need to breathe smoke-free air has priority over the desire to smoke.
D. This health ordinance is adopted by the City of Missoula, which operates pursuant to a city voter
approved self-governing charter form of government established in accordance with the provisions of
Montana state law pertaining to self-government local government. 7-4-4306 MCA allows this ordinance
to also be in effect outside the city limits, but within 5 miles of the city limits when approved by the
Missoula County Commissioners and the Missoula City-County Health Board.
E. This ordinance is consistent with federal and state laws, and is not preempted by any such laws.
8.37.020 Definitions. The definitions found in 50-40-103, MCA apply to this ordinance, in addition to the
words and phrases defined as follows:
A. “Alternative smoking device” means any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person in any manner for the purpose
of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah, or under any
other product name or descriptor.
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B. “Employee” means any person who is employed by any employer in the consideration for direct or
indirect monetary wages or profit.
C. “Employer” means any person, partnership, corporation, including a municipal corporation, or non-
profit entity, who employs the services of one or more individual persons.
D. “Indoor Public Place” means an indoor place, building, or conveyance to which the public has or
may be permitted to have access, or an enclosed public place as defined in 50-40-103 MCA.
E. “Managing Entity” means the person or agency that has chosen to prohibit outdoor smoking as
provided in this ordinance, or the agency responsible for maintaining the public space when this
ordinance directly prohibits smoking.
F. “Outside Air Intake” means an opening or inlet to the outside of the building, through which fresh
air is introduced into the building or into an air conditioning system.
G. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs
and marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the
use of an alternative smoking device which creates an aerosol or vapor, in any manner or any form.
8.37.30 Smoking Prohibited.
A. A person may not smoke or allow smoking in an indoor public place, except as provided in MMC
8.37.040.
B. A person may not smoke on, in or within 25 feet of the following outdoor public places owned or
managed by the City of Missoula:
1. Playgrounds;
2. Sports fields assigned to or being used by youth under the age of 18;
3. Aquatic facilities, including but not limited to spray decks, pools and spas;
4. Silver’s Lagoon in McCormick Park;
5. Bancroft/34th Street Duck Ponds; and
6. Structures including picnic shelters, dugouts, band shells, shade canopies, grandstands
and bleachers.
C. The owner or manager of an outdoor space may choose to prohibit smoking on all or a portion of
that property. A person may not smoke in an outdoor space when the property owner or manager has
declared it as a non-smoking place by posting a sign in accordance with MMC 8.37.070.
D. As provided in MMC 12.18.050, an owner, operator or manager of a sidewalk cafe may choose to
prohibit smoking in the sidewalk cafe. If they choose to prohibit smoking, they must post a sign in
accordance with MMC 8.37.070. If they choose not to prohibit smoking, no sign has to be posted. A
person may not smoke in a sidewalk cafe when the owner, operator or manager has declared it as a non-
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smoking place by posting a sign in accordance with MMC 8.37.070.
E. An owner or manager of an indoor public place may choose to prohibit smoking outdoors within 25
feet of a doorway, an outdoor air intake or other opening into that indoor public place. If they choose to
prohibit outdoor smoking, they must post a sign in accordance with MMC 8.37.070. If they choose not to
prohibit outdoor smoking, no sign has to be posted. A person may not smoke outdoors within 25 feet of a
doorway, an outdoor air intake or other opening of that indoor public place, when the owner, operator or
manager has declared it as a non-smoking place by posting a sign in accordance with MMC 8.37.070.
This prohibition does not prevent a person in transit from smoking while passing through an area marked
as non-smoking.
8.37.040 Exemptions to Smoking Prohibitions of MMC 8.37.030.
The prohibition in MMC 8.37.030(A) does not apply to the following places, whether or not the public is
allowed access to those places.
A. a private residence unless it is used for any of the following purposes, in which case the prohibition
in subsection (1) applies:
1. a family day-care home or group day-care home, as defined in 52-2-703, MCA and licensed
pursuant to Title 52, chapter 2, part 7, MCA;
2. an adult foster care home, as defined in 50-5-101, MCA and licensed pursuant to Title 50,
chapter 5, MCA; or
3. a health care facility, as defined in 50-5-101, MCA and licensed pursuant to Title 50, chapter
5, MCA;
B. a private motor vehicle;
C. school property in which smoking is allowed pursuant to the exception in 20-1-220, MCA;
D. a hotel or motel room designated as a smoking room and rented to a guest; however, not more
than 35% of the rooms available to rent to guests may be designated as smoking rooms; and
E. a site that is being used in connection with the practice of cultural activities by American Indians
that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
8.37.050 Smoking Shelters. A smoking shelter is allowed as long as it includes all of the following:
A. An entrance or opening that does not open directly into an indoor public place, and is not on the
shared wall between the shelter and building;
B. At least one entrance to the outdoors, with a minimum opening of 3 feet by 6 feet 8 inches remains
open and unobstructed during all hours of use; and
C. At least 20% of the wall area, not including the doorway, is open with unobstructed air flow to the
outdoors.
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8.37.060 Ashtrays. Ashtrays may not be located in any area where smoking is prohibited by this
ordinance.
8.37.070 Notification and Signage.
A. The proprietor or manager of an establishment containing an indoor public place shall post a sign
in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily
read and understood, that smoking is prohibited within the establishment.
B. The proprietor or manager of a hotel or motel shall post a sign on the door of each room as either
a smoking room or a non-smoking room. Not more than 35% of the rooms available to guests may be
designated or signed as smoking rooms.
C. If the owner, operator or manager of an outdoor space chooses to prohibit smoking outdoors as
allowed by 8.37.030, the managing entity must post one or more signs in conspicuous locations, stating in
a manner than can be easily read and understood, that smoking is prohibited in that outdoor space.
8.37.080 Enforcement.
A. Enforcement of MMC 8.37.030(A), 8.37.040, 8.37.050, 8.37.060 and 8.37.070 shall be
implemented primarily by the Missoula City-County Health Department and the Missoula City Attorney’s
office.
B. The Missoula City-County Health Department shall follow the enforcement procedures in ARM
37.113.112. When a person who owns, manages, operates or otherwise controls an area where smoking
is prohibited by this ordinance fails to comply with the provisions of MMC 8.37.030(A), 8.37.040,
8.37.050, 8.37.060 and 8.37.070, the Missoula City-County Health Department shall issue a written
warning for the first violation, and a written reprimand for the second violation, and any subsequent
violations within three years of the first warning will be referred to the City Attorney’s office for
enforcement.
C. The Missoula City-County Health Department has the right to enter and inspect premises in
response to complaints and observations by department staff of potential violations of MMC 8.37.030(A),
8.37.040, 8.37.050, 8.37.060, and 8.37.070.
D. The managing entity of an outdoor public place where smoking is prohibited is responsible for
ensuring that smoking does not occur within that area.
8.37.090 (reserved)
8.37.100 Nonretaliation. No person or employer shall discharge, refuse to hire, or in any manner
retaliate or discriminate against any employee, applicant for employment, or customer because such
person exercises any constitutional right to a clean and healthful environment afforded by this
ordinance. Any such discrimination shall be cause for private civil action against the offending party or
parties. (Ord. 3098, 1999)
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8.37.110 Violations and Penalties.
A. Violations of this ordinance, whether the violation occurs inside the city limits or within 5 miles of
the city limits, are subject to the jurisdiction of the City of Missoula Municipal Court.
B. A person who violates a provision in MMC 8.37.030(A), 8.37.040, 8.37.050, 8.37.060 or 8.37.070
shall be guilty of a misdemeanor and shall be subject to the following penalties, after receiving a warning
for the first violation and a written reprimand for a second violation:
1. $100 for a third violation, within 3 years of the first violation;
2. $200 for a fourth violation within 3 years of the first violation; and
3. $500 for a fifth or subsequent violation within 3 years of the first violation.
C. A person who violates MMC 8.37.030(B) shall be guilty of a misdemeanor offense punishable by a
fine not exceeding one hundred dollars ($100) for each violation.
D. Incarceration is not a penalty. Each day of violation is a separate violation. (Ord. 3098, 1999)
E. Enforcement of penalties shall not bar enforcement of this ordinance by injunction or other
appropriate remedy. The Missoula City-County Health Department may petition the district court to enjoin
any action in violation of MMC 8.37.030(A), 8.37.040, 8.37.050, 8.37.060 and 8.37.070.
F. Corporate entities and their agents may be held liable for conduct prohibited herein.
8.37.120 Public Education. The Missoula City-County Health Department shall engage in a continuing
program to explain and clarify the purposes and requirements of this ordinance to citizens affected by it,
and to guide owners, operators and managers in their compliance with it.
8.37.130 Other Applicable Laws. This ordinance shall not be interpreted or construed to allow smoking
where it is otherwise restricted by other applicable laws.
Effective date: This ordinance shall be effective 30 days after adoption and passage.
Severability: If any section, subsection, sentence, clause, phrase or word of this ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or words have been declared invalid or
unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then
the remaining ordinance provisions will be in full force and effect.
First reading and preliminary adoption on the 12th day of February, 2018 by a vote of 11 ayes, Stacie M.
Anderson, Julie Armstrong, Michelle Cares, John DiBari, Heather Harp, Jordan Hess, Gwen Jones, Julie
Merritt, Jesse L. Ramos, Bryan von Lossberg, Heidi West; 0 nays; 0 abstentions; and 1 absent, Mirtha
Becerra.
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Second and final reading and adoption on the 19th day of March, 2018, by a vote of 11 ayes, Stacie M.
Anderson, Julie Armstrong, Mirtha Becerra, Michelle Cares, John DiBari, Heather Harp, Jordan Hess,
Gwen Jones, Julie Merritt, Jesse L. Ramos, Heidi West; 0 nays; 0 abstentions; and 1 absent, Bryan von
Losberg.
ATTEST: APPROVED:
/s/ Martha L. Rehbein /s/ John Engen
Martha L. Rehbein, CMC John Engen
City Clerk Mayor
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SAMPLE SIGN DESIGN
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Enjoy our
tobacco free
parks
QuitNowMontana.com
Disfruta de nuestros
parques libres de tabaco
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COMMISSION RESOLUTION NO. 5053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING TOBACCO-FREE AREAS AT CITY OWNED OR MANAGED PARKS
WHEREAS, pursuant to Article II, Section 3 of Montana’s Constitution, all persons
have certain inalienable rights which include a constitutional “right to a clean and healthful
environment”; and
WHEREAS, pursuant to Article IX, Section 1 of Montana’s Constitution, “the state and
each person shall maintain and improve a clean and healthful environment in Montana for present
and future generations”; and
WHEREAS, the City believes that tobacco use in the proximity of children and adults
engaging in or watching outdoor recreational activities at City-owned parks is detrimental to their
health and can be offensive to those using such facilities;
WHEREAS, the City has a unique opportunity to create and sustain an environment that
supports a non-tobacco norm through a tobacco-free policy and adult and peer role modeling in
City-owned parks; and
WHEREAS, the tobacco industry advertises at and sponsors recreational events to foster
a connection between tobacco use and recreation; and
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WHEREAS, local, State and national agencies and organizations have provided
exhaustive research on the detrimental health impacts of tobacco products (see Exhibit A); and
WHEREAS, cigarettes, once consumed in public spaces, are often discarded on the
ground requiring additional maintenance expenses, diminish the beauty of the City’s recreational
facilities, and pose a risk to toddlers due to ingestion; and
WHEREAS, Gallatin City-County Health Department has conducted successful pilot
projects in City parks showing a decrease in secondhand smoke exposure and litter from tobacco
projects; and
WHEREAS, the City Commission determines that the prohibition of tobacco use at the
City’s recreational facilities serves to protect the health, safety and welfare of the citizens of our
City; and
WHEREAS, the Recreation and Parks Advisory Board voted unanimously at their
meeting in November 2017 to recommend a tobacco-free resolution to the City Commission; and
WHEREAS, tobacco is defined as a product containing, made, or derived from tobacco
or that contains nicotine that is intended for human consumption or is likely to be consumed,
whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested, or by any other means,
including but not limited to a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff and snus, and
alternative smoking devices; and
WHEREAS, The tobacco-free policy at developed parks and recreational facilities does
not preclude the smoking of noncommercial tobacco products for ceremonial or ritual purposes in
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accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996, or for similar
religious ceremonial uses for other cultural groups. “Noncommercial tobacco products” means
unprocessed tobacco plants or tobacco by-products used for ceremonial or spiritual purposes by
Native Americans.
WHEREAS, the policy shall apply to all areas of City-owned or managed parks
including but not limited to trail corridors or “linear parks”, playgrounds, picnic shelters, and
athletic fields; and
WHEREAS, the policy shall not apply to trails within public right-of-ways or privately
owned open space parcels.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana,
1. That all municipal public parks within the City of Bozeman shall be designated as
tobacco-free;
2. Appropriate signage shall be posted to designate said tobacco-free areas;
3. Commission hereby authorizes its elected and appointed officials to make
periodic observations of tobacco-free areas to monitor compliance and promote
awareness of this Resolution.
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PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 15th day of September, 2020.
___________________________________
CHRIS MEHL Mayor ATTEST:
________________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
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Exhibit A:
Further Justification for Tobacco-Free Parks Policy Compiled by Gallatin City-County Health Department
Tobacco use remains Montana’s leading cause of preventable death and diseasei; and over 1,600
Montanan’s die each year due to tobacco useii. Secondhand smoke is responsible for over 175 Montana resident deaths among nonsmokers each year; and
the US Surgeon General has stated that “there is no safe level of exposure to secondhand smoke”, whether indoors or outdoors, and that Secondhand smoke is responsible for an estimated 38,000 deaths among nonsmokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due
to heart diseaseiii.
E-cigarette aerosol contains carcinogens, heavy metals, and other hazardous substances iv v vi vii.
Smokeless tobacco use causes leukoplakia, a disease causing white patches that can become cancerous to form in the user’s mouth; smokeless tobacco products and cigars are known to cause lung, larynx, esophageal, and oral cancer;viii and the regular use of snuff doubles the user’s risk of cardiovascular disease
and deathix.
Tobacco kills more Americans each year than alcohol, cocaine, heroin, homicide, suicide, accidents, fire and AIDS combined.
90% of all people who smoke as adults started using tobacco before the age of 18x; and youth are more
likely to use tobacco if they see tobacco use is acceptable or normalxi; and
If smoking continues at the current rate among youth in this country, 5.6 million of today’s Americans younger than 18 will die early from a smoking-related illness. That’s about 1 of every 13 Americans aged 17 years or younger alive todayxii.
i World Health Organization. WHO Report on the Global Tobacco Epidemic, 2011. Geneva: World Health Organization, 2011.
ii CDC. Smoking-Attributable Mortality, Morbidity and Economic Costs (SAMMEC). http://apps.nccd.cdc.gov/sammec/index.asp.
iii NAT’L CANCER INST., NCI HEALTH INFORMATION TIP SHEET FOR WRITERS: SECONDHAND SMOKE (2005), available at www.cancer.gov/newscenter/tip-sheet-secondhand-smoke.
iv Williams, M, Villarreal, A, Bozhilov, K, Lin, S, Talbot, P. Metal and silicate particles including nanoparticles are present in electronic cigarette atomizer fluid and aerosol, PloS O A Sept. 2013.
v State of California Environmental Protection Agency Office of Environmental Health Hazard Assessment Safe Drinking Water and Toxic
Enforcement Act of 1986. (2013). Chemicals known to the State of California to cause cancer or reproductive toxicity. Available at:http://oehha.ca.gov/prop65/prop65_list/files/P65single091313.pdf
vi German Cancer Research Center. (2013). Red Series Tobacco Prevention and Tobacco Control Volume 19: Electronic Cigarettes – An Overview.
Available at: www.dkfz.de/de/tabakkontrolle/download/Publikationen/RoteReihe/Band_19_ecigarettes_an_overview.pdf
vii Goniewicz, M. et al. (2013). Levels of selected carcinogens and toxicants in vapour from electronic cigarettes. Tob. Control. 1:1–8. Available
at: www.ncbi.nlm.nih.gov/pubmed/23467656
viii NATIONAL CANCER INSTITUTE, SMOKELESS TOBACCO AND CANCER: QUESTIONS AND ANSWERS 2 (2003), available at www.cancer.gov/images/Documents/018bcc3a-06d0-4858-bfb9-85acff215e9c/fs10_15.pdf.
ix Dorothy K. Hatsukami and Herbert H. Severson, Oral Spit Tobacco: Addiction, Prevention, and Treatment, 1 NICOTINE & TOBACCO RESEARCH 21-44,
29 (1999).
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x U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon
General(https://www.cdc.gov/tobacco/data_statistics/sgr/50th-anniversary/index.htm). Atlanta: U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014 [accessed 2017 Jun 15].
xi U.S. Department of Health and Human Services. Reducing Tobacco Use: A Report of the Surgeon
General(http://www.cdc.gov/tobacco/data_statistics/sgr/2000/index.htm). Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2000 [accessed 2015 Jul 24].
xii U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of
the Surgeon General(http://www.cdc.gov/tobacco/data_statistics/sgr/50th-anniversary/index.htm). Atlanta: U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office
on Smoking and Health, 2014 [accessed 2015 Jul 24].
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