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South Bend Indiana Smoking Ban Proposal

South Bend Indiana Smoking Ban Proposal

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07/11/2012

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6
t
PROPOSEDORDINANCENUMBERORDINANCE
NUMBER
AN
ORDINANCETOESTABLISHCLEAN
AIR
STANDARDS
FORWORKPLACESAND
PUBLICPLACESWITHINTHECITY
OF
SOUTHBENDINDIANA
The
COMMONCOUNCILOF
THE
CITYOF
SOUTHBENDINDIANA
does
hereby
find
the
following
The
2006
U
S
Surgeon
General
s
Report
The
HealthConsequences
of
Involuntary
Exposure
to
Tobacco
Smoke
has
concluded
that
1
secondhand
smokeexposure
causes
disease
and
premature
death
in
children
and
adults
who
do
not
smoke
2
children
exposed
to
secondhand
smoke
are
atan
increased
risk
for
sudden
infant
death
syndrome
SIDS
acute
respiratory
problemsear
infectionsand
asthma
attacks
and
thatsmoking
by
parents
causes
respiratory
sympomsand
slows
lung
growh
in
their
chldren
3
exposure
of
adults
to
secondhand
smoke
has
immediate
adverseeffects
on
the
cardiovascular
system
and
causes
coronaryheart
disease
and
lung
cancer
4
there
isno
risk
free
level
ofexposure
to
secondhandsmoke
5
establishingsmokefree
workplaces
is
the
onlyeffective
way
to
ensure
thatsecondhand
smoke
exposure
does
not
occur
in
the
workplace
because
ventilation
andother
air
cleaningtechnologies
cannot
completely
control
for
exposureofnonsmokers
to
secondhand
smokeand
6
evidence
frompeerreviewed
studies
showsthatsmoke
free
policies
andlawsdo
not
have
an
adverse
economic
impact
on
thehospitalityindustry
US
Departmentof
Healthand
Human
Services
TheHealth
Consequences
of
Involuntary
Exposure
to
TobaccoSmoke
A
Report
of
the
SurgeonGeneral
U
S
Department
ofHealth
and
Human
Services
Centers
for
Disease
Control
and
Prevention
NationalCenterforChronicDiseasePrevention
and
Health
PromotionOffice
on
SmokingandHealth
2906
According
to
the
2010
U
S
Surgeon
General
s
Report
How
Tobacco
Smoke
CausesDisease
even
occasional
exposure
to
secondhand
smoke
is
harmfuland
lowlevels
of
exposure
to
secondhandtobaccosmoke
lead
to
a
rapid
and
sharp
increase
in
dysfunction
and
inflammation
of
the
lining
of
the
blood
vessels
which
are
implicated
in
heartattacks
and
stroke
U
S
Department
ofHealthand
Human
Services
How
TobaccoSmokeCausesDisease
The
Biology
and
Behavioral
Basis
for
Smoking
Attributable
Disease
A
Report
of
the
Surgeon
General
AtlantaGA
U
S
Department
of
Health
andHuman
Services
Centers
for
DiseaseControl
and
PreventionNational
Centerfor
Chronic
DiseasePreventionandHealth
Promotion
Office
on
Smoking
andHealth2010
Numerous
studies
have
found
thattobacco
smoke
is
a
major
contributor
to
indoor
airpollution
and
that
breathing
secondhand
smoke
also
known
as
environmental
tobacco
smoke
is
a
cause
of
disease
in
healthynonsmokers
including
heart
disease
stroke
respiratorydisease
andlung
cancer
The
National
Cancer
Institute
determined
in
1999
that
secondhand
smoke
is
responsible
for
theearly
deathsofapproximately
53
000
Americansannually
NationalCancer
Institute
NCI
Healtheffects
of
exposure
to
environmental
tobaccosmoke
the
report
of
theCaliforniaEnvironmentalProtectionAgencySmoking
and
Tobacco
ControlMonograph
10
Bethesda
MD
NationalInstitutes
of
Health
NationalCancer
InstituteNCIAugust
1999
ThePublicHealthService
s
National
ToxicologyProgram
NTP
has
listed
secondhandsmoke
as
a
known
carcinogen
0646
2012
1
o
15
9
16
AM
 
PROPOSEDORDINANCE
NUMBER
Environmental
HealthInformation
Service
EHIS
Environmentaltobaccosmokefirst
listed
in
theNinth
Report
on
CarcinogensU
S
Department
of
Healthand
HumanServicesDHHS
PublicHealthService
NTP
2000
reaffirmed
bythe
NTP
in
subsequent
reportson
carcinogens
2003
2005
There
is
indisputable
evdence
that
implementing
100
smokefree
environments
is
the
only
effectiveway
to
protect
the
population
fromthe
harmful
effectsof
exposure
to
secondhandsmoke
World
Health
Organization
WHO
Protection
from
exposure
to
secondhandsmoke
policy
recommendations
WorldHealth
Organization
WHO
2007
In
reviewing
11
studies
concludingthatcommunities
seean
immediate
reduction
in
heartattack
admissionsafter
the
implementation
of
comprehensive
smokefree
lawsthe
Institute
ofMedicine
of
the
National
Academiesconcluded
thatdata
consistently
demonstrate
that
secondhand
smoke
exposureincreasesthe
risk
of
coronary
heart
disease
andheart
attacks
and
that
smoke
free
laws
reduceheart
attacks
Instituteof
Medicine
10M
of
theNationalAcademies
Board
on
Population
HealthandPublicHealth
PracticeCommittee
on
SecondhandSmoke
Exposure
and
AcuteCoronary
Events
Secondhand
smokeexposure
and
cardiovasculareffects
makingsense
of
the
evidenceWashington
DC
National
Academies
Press
October2009
A
significant
amount
ofsecondhand
smokeexposureoccurs
in
the
workplace
Employees
who
work
in
smoke
filledbusinesses
sufer
a
25
50
higherrisk
of
heartattack
and
higher
ratesofdeath
from
cardiovascular
disease
and
cancer
as
well
as
increased
acuterespiratorydisease
and
measurabledecrease
in
lung
function
Pitsavos
CPanagiotakos
D
B
Chrysohoou
C
Skoumas
J
Tzioumis
K
Stefanadis
C
Toutouzas
P
Association
betweenexposure
to
environmentaltobaccosmoke
andthe
development
of
acute
coronary
syndromes
the
CARDI02000
casecontrolstudy
Tobacco
Control
11
3
220225
September2002
Studiesmeasuring
cotinine
metabolizednicotine
and
NNALmetabolized
nitrosamine
NNK
a
tobacco
specific
carcinogen
linked
to
lung
cancer
in
hospitality
workers
find
dramatic
reductions
in
thelevels
of
thesebiomarkers
after
a
smokefree
law
takes
effectAveragecotinine
levels
of
NewYorkCity
restaurant
and
bar
workers
decreased
by
85
after
thecity
s
smokefreelaw
went
intoeffect
n
a
The
State
of
Smoke
Free
NewYorkCity
A
One
YearReviewNew
York
CityDepartment
of
FinanceNew
York
City
Department
of
Health
Mental
Hygiene
New
York
CityDepartment
of
Small
Business
ServicesNewYork
CityEconomicDevelopmentCorporation
March
2004
After
theimplementationofOntarioCanada
s
Smokefree
IndoorAirLaw
levels
of
NNAL
were
reduced
by
52
in
nonsmoking
casino
employees
and
cotinine
levels
fell
by
98
Geoffrey
T
Fong
et
al
The
Impact
ofthe
Smoke
Free
Ontario
Act
on
Air
Quality
and
Biomarkers
of
Exposure
in
Casinos
A
Quasi
Experimental
Study
OntarioTobacco
Control
Conference
Niagara
Falls
OntarioDecember
2
2006
Following
a
Health
HazardEvaluation
ofLas
Vegascasinoemployees
secondhand
smoke
exposure
in
the
workplace
which
included
indoor
air
quality
tests
and
biomarkerassessments
theNational
Instituteof
Occupational
Safety
HealthNIOSH
concludedthat
the
casino
employees
are
exposed
to
dangerous
levels
of
secondhandsmoke
at
work
and
thattheir
bodiesabsorb
high
levels
of
tobaccospecific
chemicalsNNK
and
cotinine
duringworkshifts
NIOSHalso
0606
2012
2
of
159
16
AM
 
PROPOSEDORDINANCE
NUMBER
concludedthat
the
best
meansofeliminatingworkplaceexposure
tosecondhand
smoke
is
to
ban
all
smoking
in
the
casinos
Health
hazardevaluation
reportenvironmental
and
biological
assessment
of
environmentaltobacco
smoke
exposureamongcasinodealers
Las
Vegas
NVBy
Achutan
C
West
C
Mueller
C
BoudreauY
Mead
K
Cincinnati
OH
US
Department
of
Health
and
Human
ServicesCenters
for
DiseaseControl
and
PreventionNational
Institute
for
OccupationalSafety
and
Health
NIOSHHETA
No
20050076
and
2005
0201
3080
May
2009
Secondhand
smoke
is
particularly
hazardous
to
elderlypeopleindividuals
with
cardiovasculardisease
and
individualswith
impaired
respiratoryfunction
includingasthmatics
and
those
with
obstructiveairwaydisease
California
Environmental
Protection
Agency
Cal
EPA
Health
effects
of
exposure
to
environmental
tobacco
smoke
Tobacco
Control
6
4
346
353
Winter
1997The
Americans
With
Disabilities
Actwhich
requires
that
disabled
personshave
access
to
public
places
andworkplaces
deems
impairedrespiratory
function
to
be
a
disability
Daynard
R
A
Environmentaltobaccosmoke
and
the
Americans
with
Disabilities
Act
Nonsmokers
Voice
15
1
8
9
The
U
S
Centersfor
DiseaseControl
and
Prevention
has
determinedthat
the
risk
of
acute
myocardialinfarctionandcoronary
heart
diseaseassociated
with
exposure
to
tobacco
smoke
is
non
linear
at
lowdosesincreasingrapidlywith
relatively
smalldosessuch
as
those
receivedfrom
secondhand
smokeor
actively
smoking
one
or
two
cigarettes
a
day
and
has
warnedthat
all
patients
at
increased
risk
of
coronary
heart
disease
or
withknown
coronary
artery
disease
shouldavoid
all
indoor
environments
that
permit
smoking
Pechacek
Terry
P
Babb
Stephen
Commentary
Howacute
and
reversible
are
the
cardiovascular
risksof
secondhand
smoke
British
Medical
Journal
328
960
983April
24
2004
Giventhe
factthat
there
is
no
safe
level
of
exposure
to
secondhandsmoke
the
AmericanSociety
of
HeatingRefrigerating
and
AirConditioningEngineers
ASHRAE
bases
its
ventilationstandards
on
totallysmokefreeenvironmentsASHRAE
has
determinedthatthere
is
currently
no
air
filtration
or
otherventilation
technologythat
can
completely
eliminate
all
the
carcinogeniccomponents
in
secondhand
smoke
and
thehealth
risks
caused
by
secondhandsmoke
exposureandrecommendsthatindoorenvironments
be
smokefree
in
their
entirety
Samey
J
Bohanon
Jr
HR
Coultas
D
B
Houston
T
P
Persily
AX
Schoen
L
J
Spengler
J
Callaway
CA
ASHRAEpositiondocument
on
environmentaltobaccosmokeAmericanSociety
of
Heating
Refrigerating
and
Air
ConditioningEngineers
ASHRAE
2005
During
periods
of
active
smokingpeak
and
average
outdoortobaccosmokeOTS
levelsmeasured
in
outdoorcafes
and
restaurant
andbar
patiosnear
smokers
rival
indoortobaccosmoke
concentrations
Klepeis
N
OttW
R
Switzer
P
Real
time
measurement
of
outdoor
tobaccosmokeparticles
Journal
of
the
Air
Waste
ManagementAssociation57522
534
2007
Nonsmokers
who
spend
six
hour
periods
in
outdoor
smokingsections
of
bars
and
restaurantsexperience
a
significant
increase
in
levels
of
cotininewhen
comparedto
thecotininelevels
in
a
smoke
free
outdoor
area
Hall
J
C
Bernert
J
T
Hall
D
B
St
Helen
G
Kudon
L
H
Naeher
LP
Assessment
of
exposure
to
secondhand
smoke
at
outdoor
barsand
familyrestaurants
in
Athens
Georgia
using
salivarycotinine
Journalof
OccupationalandEnvironmentalHygiene
6
11
698
704
November
2009
Residual
tobacco
contamnation
or
thirdhand
smoke
from
cigarettes
cigars
and
other
tobacco
products
is
left
behindaftersmoking
occursand
builds
06
06
2012
3
of
15
9
16
AM

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