HomeMy WebLinkAboutResolution 5053 Establishing Tobacco-free Areas at City Owner or Managed Parks
RESOLUTION 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
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
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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
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, ADOPTED, 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.
___________________________________
CYNTHIA L. ANDRUS
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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