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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2009-011 (2605) AN ORDINANCE OF THE CITY OF SAN LEANDRO REPEALING CHAPTER 4-12 OF THE SAN LEANDRO MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 4-12 PROHIBITING THE USE OF TOBACCO PRODUCTS IN OR AROUND WORKPLACES, PUBLIC PLACES, RECREATIONAL AREAS AND FACILITIES WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, more than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as agroup- A carcinogen, the most dangerous class of carcinogen; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung cancer; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and WHEREAS, with certain exceptions, state law prohibits smoking inside an enclosed place of employment; and WHEREAS, state law prohibits smoking in playgrounds and tot lots and within twenty feet of the main entrances and exits of public buildings while expressly authorizing local communities to enact additional restrictions NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: