HomeMy WebLinkAbout2006-12-27 07-050 ORDINANCEItem No, 07 050
Dam: 12-27-86
Item/Subject: Ordimnm, Aclopling a Nen Article M, Section 291-70 and 291-71, of the Code
of the Oty of Bangor — Smoldng in Motor Vehicles
Responsible Department: City Council
Commenmry:
A number of Councilors and members of GN staff have been approached by a group of Mum
seeking approval of a Ory ordinance that would prohibit smoking In motor vehicles when a child is
present. As a part of this effort, One CIN Solicitor was asked to draft the necessary ordinance
language. Thatdraft is started.
If adopted, it would become unlawful for anyone in a motor winds to smoke if any person under
the age of eighteen is present in the vehicle. The ordinance could be enforced, however, only Ifthe
aperaloroftrevehidehasbeenstoppedforasusp dvldamofanmheroMinar orlaw. Tds
Is known as a" ecundary"violation and Is similar to bre current law In regard M seat belt use. The
proposed ordinance also specifically authorizes our officers to issue wamings rather than citations,
recognizing that many Individuals who travel W Bangor may not be familiar with this ordnance and,
as a result, inadvertently violate it. Where an individual is cited, the fine world be $50.
A number of proponent of this ordinance appeared before the Government Operations Committee
M 0s second meeting In November. Meese see attached exports from minutes. At that time, the
Committee approved a motion W forward this iter W Me Council forRM reading. The Committee
did net take a posttion either In favor or opposed to It
Department Head
Managers Comments:
C4
4•
CM Manager
Assoaated Immrrotion: 5.vuwww a B
Budget Approval
Finance Director
O�.I
Vassige
X First Reading Page _ of _
Referral
IMI
�. CITY OF BANGOR
(MILE) Ordinance, Adopting a New Article D(, Sections 291-70 and 29191, of the Code of the City
of Bangor—Smoking In Molar Vehicles
BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF BANGOR THAT
A new Article IX, Sections 291-70 and 291-71, of the Code of the City of Bangor is hereby adopted as
follows:
ARTICLE Di-Smakina in Marro Vehicles
§ 291-70. Smoking In motor vehicles with child passengers prohibited.
A. It shall be unlawful for the operator or any passenger in a motor vehicle to smoke cigarettes, pipes,
or cigars in a motor vehide, passenger van, pick-up truck or cornmerdal vehicle, when any person
under the age of eighteen is present in the vehicle regardless of whether the motor vehicles
windows are clown.
B. "Srnoke" as used In this Article, shall mean Inhaling, exhaling, burning, or carrying any lighted
agarstbe, agar, pipe, weed, plaM, regulated rwrcotic, or other combustible substance.
§ 291-71. Violation and penaMes.
A. Whoever violates any of the provisions of this article shall be punishment by a fine of $50. In any
action In which the Oty prevails it shall be entitled W attorneys' fees and all costs of prosecution.
B. Subsection A notwithstanding, pier m citing the operator or passenger of a motor vehicle for a
violation of this artide, the Pdice Department may give written notice W old person acting in
violation of this article at the time of the Aolatron informing the person of the use of the motor
vehicle In vldabon athis article.
07 050
; x Assigned to Councilor crat ck December 27, 2006
CITY OF BANGOR
OTTLE.) Ordinance, Adopting a New Article DC Sections 29170 and 291-71, of the Code of the City
of Bangor— Smoking in Motor Vehicles
BE 9ORDAINED BY THE QTY COUNCIL OF THE CRY OF BANGOR THAT
A new Article a, Sections 291-70 and 291-71, of the Code of the City of Bangor is hereby adopted as
follows:
ARRCIE IX -She
§ 291-70. Smoking in motor vehicles with child passengers prohibited.
A. It shall be unlawful for the operator or any passenger in a motor vehicle W smoke clgamilma, pipes,
or cigars in a motor vehicle, passenger van, pick-up truck or commercial Vehicle, when any person
under the age of eighteen's present in the vehicle regardless of whether the motor vehicles
windows are down.
B. "Smoke as used in this Ardde, shall mean inhaling, exhaling, burning, or carrying any lighted
cigarette, dgar, pipe, weed, phaM, regulated narcotic, or other combustible winstance.
C. Subsection A may be enforced only a any eMorcement officer has detained the operator of a
motor vehicle for a suspec[e0 violation of another ordinance or law.
§ 291-71. Vlolado s and Penalties.
A. Whoever violates any of the provisions of this Bruce shall be punishment by a fine of $50. In my
action in which the City prevails R shall be entitled W attorneys' fees and all costs of prosecution.
B. Subsection A notwithstanding, prior to cNng the operator or passenger of a motor vehicle for a
violation of this article, the Police Department may gine written notice W said person acting in
ADlatim of this article at the time of the violation informing the person of the use of the motor
vehicle in violation of this article.
IN CITY CO®CIL
Meem Fr 27, 2006
Firav 4eadiag
t
PY 61NNg
IN CITY COUNCIL
Jauuary 8, 2007
Nation Made and Seconded
for Passage
Nelson Burgin. Jonathan
Shenkin, Peter Millard,
Bob Nolmburg. Cary Weston.
Amy Mobius, Robert Nam, and
Tauya Prayer spoke in favor
of the proposal
Isaias Savoy, Gene Savoy and
Aaron Prill spoke in opposition
Motion Made avd seconded to
Amend to Delete section C
Cary Weston and Nelson wrgls
spoke in favor of the amendment
Alec Na®er, Aaron Prill and
Cone Savoy spoke in opposition
of the Amendment
Shawn Yardley etplelned that there
would be grant mosey available
For so educational campaign
vote on Amendment 506
Councilors voting yes: Allen,
Blanchette, Gratwlck, Palmer b
Stone
Couoeilors Voting noD'Nrrieo.
Farr ton, Greene 6 Nanea
Pas! Ae Amended
�'w YYlxa aP',
R 02-050
0 A D I N A N I E
791-70 and i91 a Neo the
e o Section
Ci
291-00 and 291-)1, of [he Code Of the City
vemmc
1
/� ��
R O R
Wueef""Ar7- 09eR1 Cib"alWOE mfuatrs07 050
It- &S. Oia
Gratwick said that he felt the issue has been very well evaluated and there is merit on
both sides. His opinion is that the problem could change from neighborhood W neighborhood
from year to year. He agreed with parental responsibility.
Alien talked about the Issue of child accessibility as well as parental responsibility. She
feels that option 2 covers these concerns.
As the motion was made and seconded, Hawes confirmed that the item will go forward
to full Council with a recommendation for approval of Option 2. Barrett explained that this Is
an Ordinance amendment so would appear on the raxt Council agenda for first reading. It
would then realm to the Council for a second reading and an actual vote on December 22.
Gwen the nature of the amendment, Allen asked R it would be possible to do a first and second
reading at the December 11'" meetng. Burrett said there is a procedure W walks a second
reading if the Council feels a goad reason is in place and it requires a 2/3 vote of the Caundl.
Allen made a motion that the waiver be included as part of the motion. The motion was
seconded. The second reading will be waived and the actual vote taken at the December 11
C nindl meeting. Hawes explained that the walker was requesb.N since the item under
discussion has been a long berm ¢sue. There has been a lot of time and effort expended from
the citizens and the Committee would like to move R forward a bit sooner.
Gratwl& asked V there was a compelling interest to do so. Hamer said there is If the
CIry says there is. Popper said it would appear sufficient reason to waive the Issue given the
fad that Mere is no ordnance on the books and to insure for safety of snowplowing.
3. Proposed City Ordinance —Article a mruons 291-70 and ]I Smc4dna in Motor V lel I
Over the past several weeks, several interested others, health care practoners and
others have been working W develop a proposed City ordinance that would ban smoking in
motor vehicles when any person under the age of eighteen Is present. As proposed, the
Ordinance may only be enforced if a few enforcement officer has detained the operator of a
motor vehicle for a suspected violation of another ordinance or law.
Hamer discussed a draft Ordinance staff has been prepared Incorporating those
Provisions sought by the group working on the issue. It would prohibit smoking in motor
w ltl s when there is a person younger than 18 years present. h doesn'tmatter if windows
are up or down. The violation would be a secondary violation. You would not be pulled over by
law enforcement If you were seen smoking in a vehicle but, ff you were pulled over for another
issue and found to be smoking wind a minor in the car, the driver could be charged with
violation. The fine would be $50 if convicted and the officer would have opportunity to provide
a warning to an individual prior to issuing a ticket.
Candy Glwette, President of the Bangor Region Chamber of Commerce, p merited the
Chamber's posidon on this item. Both the Ommber Board and its Governmental Affairs
Committee has reviewed the item and R passed unanimously at both levels. The Bangor Region
Member of Commerce has become a first Well Region In the nation because of health isauss
and its work with area businesses to become healthy work sites. She encouraged the City to
become more Involved in that program. She presented a copy of the Resolve passed by the
Chamber. Responding to Gratwidy Guerette said the Chamber has not taken previous positions
on health related issues.
Dr. Jonathan Shenken, Pediatric Dentist and resident of Bangor, addressed the
Committee. He discussed controlling secondhand smoke exposure with Bangors children. He
07 050
gave a brief history and provided copies of a table from the Surgeon General's report which was
published in the summer of 2006. He spoke of the report's finding an the impact of
secondhand smoke can children when looking at the level of nicotine in their blood. Children are
more impacted than adults. There are laws in place Mat protect adults drinking alcohol In bars,
protect adults and some children In restaurants and in the workplace. There are no laws to
protect chlldhen. He felt this was an opportunity for Bangor to be Me firs[ to address the laws
to try to improve the Ivies of children in Bangor.
Gretwidk asked about the experience of two other states in the south and how this has
worked in Mose states. Shenker said the law was first passed in Arkansas and was followed by
Louisiana. The one suggested for Barryor has a much higher age threshold than the otter two
states. Shenken has spoke with legislators in both states and they indicated it was very easy,
no restaurant or industry apparition, and the tical few enforcement has been a willing
participant in Me process. to Louisiana, there have been just a few tickets written thus far as.
the police are attempting to educate citizens about the law.
Fan irg[on asked if this included all confined areas or just motor vehicles. Shenken said
that it just motor vehicles. The Surgeon General's report showed the level of nicotine in
children's blood from all sources, not broken down as to where it came from. Responding to
Farrington, Sheinken Bald there was a recent so* published by the Harvard School of Public
Health looking at measurements of secondhand smoke particulate matter, which is a dangerous
product of secondhand smoke. The report looked at what happen when a vehicle window is
ruled down, when a window is narked open, and consider 250 micrograms to be hazard to
everybody. If a window was cracked, particulate matter was measured at 272 micrograms.
Even with a window open, there were unsafe levels of secondhand smoke.
Allen asked if the study reflected use of various brands and qualities of cigarettes.
Shenken said he was not aware of It. Allen asked what laws govern a city or have precedent
over the privacy of an individual's home or vehicle. Hamer Bald the City has general police
Pourers which can regulate public spaces. Vehicles traveling on public roads are subject to this
type of police powers. Entering an individual's home would be a different situation and Hamer
would rot advocate such an ordinance dealing with a personal residence. Allen asked about
Input from tobacco companies. Shannon said he did feel he needed to contact them. Allen
asked what the qty needs to combat a private hotly as opposed to working with them.
Shenker referred to a recent study of the American Journal of Public Health looking ae the role
of Me tobacco industry in educational efforts and most of their educational efforts were
marketing tools far smoking. He said this is not a law to punish citizens tau to educate them.
Hawes asked wiry the City shouldn't go the route of public education first and Men sign
with the partners for health and using some of the available tobacco funds to teach all parems
the hazards of secondhand smoke. She referred to individuals who may not have the $50 for a
fine and the possible effect the child could suffer, Le. lack of meal. Shenker said many studies
look at parental responses to physician Inquiries about smoking habits. A huge disparity was
found between what parents said and the lath. The reality is that inheres know what they
should not be doing already. He said R took some time to charge people's habits with tobacco
in public environments. Hawes asked about obesity and the lack of physical activity and all of
the other things important to child rearing. Shenken agreed they were valid issues that need to
be dealt with In the future If not currently. One of the things about smoking versus obesity is
that tobacco use is very cut and dry and we dont know what to do about obesity yet.
07 050
Allen asked about the economic impacts of the law and asked if R has been researched.
Shenken feels that passage of such an ordinance would make Bangor a healthier place to raise
a child and hopes it would make it an even more atractve place for individuals to relocate to.
He doesn't think Nat individuals would by -pas Bangor because of such an ordinance being in
place. Allen said that a fine might make one by -pas Bangor. She spoke about current tobacoo
free areas around parks which are directly child -related and now the City might go to motor
vehicles. Shenken feels that there are certain issues to be dealt with as a communityto make
lives of younger people heakhier and to give them a brighter future.
Hawes indicated she has serious concerns about this issue becoming an ordinance.
Responding to Hawes, Amo said by that virtue of design of the ordinance dictates there has to
be another violation present in order for a vehicle be be stopped in the first place. On a list of
police priorities, smoking in vehicles would be relatively low. The amount of time an officer
would need to issue a yarning, if an Individual was stopped for another violation, It might time
a couple of extra minutes. Amo said it wouldnt add a lot of extra time to an ofBcoes day.
Greene sald the Issue is basimlty a common sense Issue. He refertai te the parental
responsibility discussed with the basketball issue. Greene asked Shenken about a funding
mechanism to educate the public and visitors coming te the community who are unaware of
this ordinance and receive a dation. fn terms of visitors to the Qty who might receive a
deaden, Shenken said it is a the discretion of the police officer who doesn't have to give a
ticket. The educational root he hopes to use Is signage entering the City and It is at the
discretion of the Chi in terms of Informing individuals and applying the ordinance. Greene said
he feels that Bangor should not be the'heavy handed' government and is concerned about the
educational aspect of the issue, Shenken agrees that parent should know what is best for the
children but unfortunately they do net.
Allen said she would like to see the matter go into a public health campaign. A parent
driving while using a cell phone cur drinking soda isjust as dangerous. She agrees with
Green's comments about a'hnvy handed'government and Bangor being an isolated
community. She suggested working through the school systems and let the kids tell the
parents net be smoke in a vehide.
Skenken said that parents have been talked to about this Issue by the medical
community. The medical community feels it has hit a wall in terms of educational processes
with their patients. He asked who would pay for a public service campaign. Allen suggested
tobacco money could be used. Hamer sald that sometimes having a law on the books is a
portion of an educational program.
Paul Shapero, allergist in Bangor, provided background information and two specific
cases. He presented the medical aspect and information from the u5 Department of Heakh
and Human Services There is no safe level of cigarette exposure for one's heakh. The effects
on children are easter to induce because of the rapidly developing child. The second hand cycle
Initiates medical problems. The US Surgeon General has concluded that second hand smoke
exposure is preventable and a smoke free environment has proven to be safe, simple and
effective Intervention. He said that complete separation of children from second hand smoke Is
the best choice. He endorsed the effort to eliminate smoking in vehicles where children are
present.
Gratwick mendoned the cost of the $50 fine and the potential money last to the
community by IndMduals bypassing the City. He asked Shapero the estimated cost of smoking
related diseases amongst children and the general population. Shapero said in the US it would
be In the billions. In Maine, itor, is expensive. In Bangasthma Is the most common cause for 050
ER visits and children being out of school and needing medical attention and it is very, costly to
families, the City of Bangor IndUectly and the State directly. He estimated a $1,000 per ER
visit
Patty Hamilton, City's Health Department spoke regarding the education campaign. In
her twenty years with the City, the Depamnent talks to every parent they see about smoking In
the homes. She agreed with Shenken in that Me issue has been addressed with parents and
there Is a wall. She felt an aggressive action is needed W make it happen, to make people
understand that It really is dangerous and harmful and Mere are consequences W causing harm
to one's children. Allen asked if Mere are other forms of campaign other than a pamphlet, as
mashed! to by Hamilton. Hamilton referred to Me Health Maine Partnerships. Its an evidenced
based practice in physician offices where snoMng Is addressed. Hamilton doesn't feel it is a
heavy handed ordinance. Allen continued to talk about education and asked if Mere Is currently
a to ad against smoking in vehicles. Hamilton said she mors aware of one. Shenken pointed
out Mat the current educational campaigns In other areas (seat belts, drinking while driving,
etc.) are based on laws. Health education unforNretely doesnt work with a lot of people,
Shenken said.
Cary Wastes, Kenduskeag Avenue resident spoke about the opportunity the City has to
step up and do what is right for voices that can't speak for themselves. The reason Mere are W
ads is because of the billions of dollars coming from the very companies that poison individuals.
If the ordinance passes and becomes law, it is rho longer an opinion and it could then be taken
to the school system. He urged the Committee and the Council W move forward with the
ordinance Passage.
Dc Peter Millard clarified that enforcement of seatbelt laws in Maine is a second
enforcement. Tobacco smoke is a leading cause of preventable death in the US. Maine is one
of the few states that have taken a serious effort to control this severe epidemic. In 1997, 39%
of high school kids were smoking. Maine was the leading state in high school smoldrry. As a
result of many different efforts, currently 16% of high school kids are smoking in Maine. He
referred to the efforts of the Healthy Maine Partnerships and public education campaigns. The -
cost of smoking to the City of Bangor is astronomical. He asked tins Committee to look at the
big picture.
Allen said she drought the City did have a law about children in or seats. Amo said
there is a statewide law, but in order to be cited for seatbelt violations you first need to be
stopped for a separate primary violation. The same stands for a child in a or seat. Responding
to Allan, Amo said that smoking in vehicles would be treated the same way— a secondary
violation.
A Penquis Community Acton Program employee spoke about their home visiting
program for first time families, visiting about 256 families per year. About 70 of these are in
Bangor. She did a survey of 68 first time mothers asking questions about smoking. Of that 68
asked, 99 of them either smoked themselves or lived in a home where there was a smoker.
The survey asked if children were being exposed to secondhand smoke and why did the mother
or partner smoke. She feels that Penquis CAP has made a tremendous gain in getting past the
Issue of smoking in the home. It is a tremendous education tool. The most common reason far
smoking Is stress.
Hawes thanked all for participating and presenting Information for the Committee's
review. She than entertained a motion. Allen made a motion to move the item to full Council
07 050
for discussion. 11. It was seconded. the
Allen then asluai if second
Item should d mored to the on
December
er meeting ch Into the new year. 9xnett holiday
the schedules.
. Il'be fi would in held
on december e 2 which isnt the bat time given the holiday schedules. The fiat reading
could a on the mo antl then these December
reading onto be first
20ad. Allen made a motion
that the item be moved to thebasic n on meetingfi to be first read. The motion s was
seconded. Barrett City that the basic notion behind first nestling is that It serves as n notice to
the public that the City Council d to express
t taking certain action and giving folks an
opportunity it Imam about it and to express theirback opinions between Me time of first reading or
M the Council meeting at which that item mines back for actual action.
A motion was made and seconded to adjourn.