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<br />DRAFT SMOKING POLLUTION ORDfNANCE,_$~89 With RHO edits (September 2009 <br />a;~nnc~ ri,rnrrm~n_ nn>>>r~'~9t~~T,l7tiz4~V~'~;-~b~~~-.~-_'~~~899 <br />IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2009- <br />AN ORDINANCE OF THE CITY OF SAN LEANDRO REPEALING CHAPTER 4-12 OF <br />THE SAN LEANDRO H~IVICIPAL CODE, AND ADOPTING A NEW CHAPTER 4-12 <br />PROHIBITING THE USE OF TOBACCO PRODUCTS IN OR AROUND <br />WORKPLACES, PUBLIC PLACES, RECREATIONAL AREAS AND FACILITIES, <br />AND MULTI-U1VIT RESIDENCES <br />WHEREAS, scientific studies have concluded that cigarette smoking causes chronic <br />lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and <br />bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and <br />WHEREAS, more than 440,000 people die in the United States from tobacco-related <br />diseases every year, making it the nation's leading cause of preventable death; and <br />WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of <br />exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing <br />ventilation systems effectively eliminates secondhand smoke; and <br />WHEREAS, the United States Environmental Protection Agency (EPA) has found <br />secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group- <br />A carcinogen, the most dangerous class of carcinogen; and <br />WHEREAS, exposure to secondhand smoke is the third leading cause of preventable <br />death in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from <br />lung cancer; and <br />WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated <br />risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants <br />of mothers who smoke; and <br />WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the <br />United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, <br />exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in <br />children; and <br />WHEREAS, with certain exceptions, state ]aw prohibits smoking inside an enclosed <br />place of employment; and <br />WHEREAS, state law prohibits smoking in playgrounds mad tot lots and within twenty <br />feet of the main entrances and exits ofpublic buildings while expressly authorizing local <br />communities to enact additional restrictions <br />