Chapter 6.72 SMOKING*
Section 6.72.010 Findings and declaration.
The Alameda County board of supervisors does find that:
Numerous studies have found that tobacco smoke is a major
contributor to indoor air
pollution, and that breathing secondhand tobacco smoke is a cause of disease, including lung
cancer, in nonsmokers. At special risk are children, elderly people, individuals with
cardiovascular disease and individuals with impaired respiratory function, including asthmatics
and those with obstructive airway disease; and
Health hazards induced by exposure to environmental tobacco
smoke (ETS) include lung and
other forms of cancer, respiratory infection, decreased respiratory function, including broncho-constriction
and broncho-spasm, and premature death from heart disease.
In 1989, the health care costs and lost productivity resulting
from smoking-related disease and
death amounted to three hundred seventy million dollars ($370,000,000.00) in Alameda County
and represent a heavy and avoidable financial drain on our community.
Section 6404.5 of the California Labor Code regulates smoking
in California workplaces, and
requires local governments to initiate enforcement of this law.
The U.S. Surgeon General and the U.S. Department of Health
and Human Services have found
that a majority of those Americans who die of tobacco-caused diseases became addicted to
nicotine in tobacco products as adolescents before the age of legal consent.
The U.S. Surgeon General has declared that nicotine is as
addictive as cocaine or heroin; no
other addictive product or drug, or cancer-causing product or drug is sold through vending
machines.
The free distribution of cigarettes and other tobacco products
encourages people to begin
smoking and using tobacco products, and tempts those who had quit to begin smoking again.
Minors currently have ready access to tobacco products as a result of noncompliance with
existing laws that prohibit the furnishing of tobacco products to minors and the marketing
practice of distributing free tobacco product samples and the widespread availability of tobacco
vending machines.
Accordingly, the Alameda County board of supervisors finds
and declares that the purposes of
this chapter are: (A) to protect the public health and welfare by prohibiting smoking in public
places and places of employment not under the jurisdiction of state law; (B) to enforce the state
law prohibiting smoking in the workplace; (C) to guarantee the rights of nonsmokers to breathe
smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over
the desire to smoke; (D) to reduce addiction to tobacco products by minors; and (E) to generally
promote the health, safety, and welfare of all people in the county of Alameda against the health
hazards and harmful effects of the use of tobacco products. (Ord. 98-6 § 1 (part))