Loading...
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 DocuSign Envelope ID: 148D936E-C06D-4023-8BF4-38E2CFF263B9 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. DocuSign Envelope ID: 148D936E-C06D-4023-8BF4-38E2CFF263B9 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 DocuSign Envelope ID: 148D936E-C06D-4023-8BF4-38E2CFF263B9 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). DocuSign Envelope ID: 148D936E-C06D-4023-8BF4-38E2CFF263B9 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]. DocuSign Envelope ID: 148D936E-C06D-4023-8BF4-38E2CFF263B9