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BACKGROUND Health Concerns from Secondhand Smoke. The Centers for Disease Control and Prevention report that each year secondhand smoke causes 7,333 deaths from lung cancer and 33,951 deaths from heart disease.1 The protection of public health by reducing exposure to secondhand smoke is an accepted scientific principle. The City has authority to adopt regulations to protect the public health, safety and welfare.2 Existing Restrictions. Based on public health concerns, the current Pleasanton Municipal Code has several provisions restricting smoking, including: (a) regulating smoking in public and work places in Ch. 9.24; (b) restricting access to tobacco products in Ch. 9.32; (c) allowing property owners to prohibit smoking in private outdoor plazas and dining areas in §9.24.040; (d) banning smoking in public parks and trails in §9.24.040 and §13.08.190; and (e)requiring persons holding events in the Downtown to prohibit smoking in §9.24.040. In housing situations, the City's senior housing developments have adopted smoke free policies for Kottinger Gardens and Ridge View Commons in October 2011, and Parkview in June 2014. However, in other residential settings, the City has not imposed smoking restrictions. The current Chapter 9.24 [Smoking in Public and Work Places] provides (emphasis added): 9.24.060 Optional smoking areas. A. Notwithstanding Sections 9.24.040 and 9.24.050 to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: 1. Private residences, except when such residence is used at any time as a family day care home or a health care facility. 2. Retail tobacco stores. 3. Outdoor areas a reasonable distance from any area designated nonsmoking in this chapter. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Public Outreach. The City Attorney's Office sent invitations to owners of multifamily rental housing and apartment managers (about 200 persons based on business license and Housing Division records) to seek input about possible smoking restrictions, existing practices, and recommendations based on their experiences. In addition to owner and manager meetings at City Hall on March 22nd and 28th, staff also directly communicated with property owners, apartment managers, and other interested persons. hops://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/tobacco_related_mortality/index.htm 2 See California Constitution, article XI, §7. Page 2 of 6