[Ord. No. 3589, 2-27-2024]
A. 
The City of Salem Board of Aldermen does hereby find that:
1. 
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; and (5) evidence from peer-reviewed studies shows that smoke-free policies and laws do not have an adverse economic impact on the hospitality industry. According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. According to the 2014 U.S. Surgeon General's Report, The Health Consequences of Smoking - 50 Years of Progress, secondhand smoke exposure causes stroke in non-smokers. The report also found that since the 1964 Surgeon General's Report on Smoking and Health, two and one-half (2.5) million non-smokers have died from diseases caused by tobacco smoke.
2. 
The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen.
3. 
Based on a finding by the California Environmental Protection Agency in 2005, the California Air Resources Board has determined that secondhand smoke is a toxic air contaminant, finding that exposure to secondhand smoke has serious health effects, including low birth-weight babies; sudden infant death syndrome (SIDS); increased respiratory infections in children; asthma in children and adults; lung cancer, sinus cancer, and breast cancer in younger, premenopausal women; heart disease; and death.
4. 
There is indisputable evidence that implementing one hundred percent (100%) smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke.
5. 
In reviewing eleven (11) studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smoke-free laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smoke-free laws reduce heart attacks.
6. 
Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans With Disabilities Act, which requires that disabled persons have access to public places, deems impaired respiratory function to be a disability.
7. 
During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor tobacco smoke concentrations. Non-smokers who spend six-hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke-free outdoor area.
8. 
Electronic smoking devices, commonly referred to as electronic cigarettes, or "e-cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid that typically contains nicotine, heated through an electronic ignition system. ESD emissions are made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke. The January 2018 National Academies of Sciences, Engineering, and Medicine publication states that there is conclusive evidence that in addition to nicotine, most ESDs contain and emit numerous potentially toxic substances and increase airborne concentrations of particulate matter and nicotine in indoor environments. Studies show that people exposed to ESD aerosol absorb nicotine (measured as cotinine) at levels comparable to passive smokers. Many of the elements identified in the aerosol are known to cause respiratory distress and disease. ESD exposure damages lung tissues. Human lung cells that are exposed to ESD aerosol and flavorings - especially cinnamon - show increased oxidative stress and inflammatory responses. Their use in public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO), the National Institute for Occupational Safety and Health (NIOSH), and the American Industrial Hygiene Association (AIHA) recommend that ESDs not be used in smoke-free environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smoke-free laws.
9. 
Secondhand smoke from combusted marijuana contains fine particulate matter that can be breathed deeply into the lungs, which can cause lung irritation and asthma attacks, thus making respiratory infections more likely. Exposure to fine particulate matter can exacerbate health problems especially for people with respiratory conditions like asthma, bronchitis, or COPD. Secondhand smoke from marijuana also has many of the same chemicals as smoke from tobacco, including those linked to lung cancer. More research is needed, but the current body of science shows that both tobacco and marijuana smoke may have similar harmful cardiovascular effects. Thus, in the interest of public health, the use of combustible or aerosolized marijuana should be prohibited wherever tobacco smoking is prohibited.
10. 
The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly ten billion dollars ($10,000,000,000.00) a year: five billion dollars ($5,000,000,000.00) in estimated medical costs associated with secondhand smoke exposure and four billion six hundred million dollars ($4,600,000,000.00)in lost productivity.
11. 
The smoking of tobacco, hookahs, or marijuana/cannabis and the use of ESDs are forms of air pollution and constitute both a danger to health and a material public nuisance.
12. 
Accordingly, the City of Salem Board of Aldermen 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
b. 
To guarantee the right of non-smokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
[Ord. No. 3590, 2-27-2024]
A. 
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, dab rig or vape pen, or under any other product name or descriptor.
ENCLOSED AREA
All space between a floor and a ceiling that is bounded on at least two (2) sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
HOOKAH
A water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material, including, but not limited to, tobacco, shisha, or other plant matter.
PLAYGROUND
Any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City grounds.
PUBLIC EVENT
An event which is open to and may be attended by the general public, including, but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.
RECREATIONAL AREA
Any public or private area open to the public for recreational purposes, regardless of any fee or age requirement, including, but not limited to, amusement parks, playgrounds, athletic fields, beaches, fairgrounds, bike paths, walking paths, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos.
SERVICE LINE
An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including, but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, including marijuana/cannabis, in any manner or in any form. "Smoking" includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Chapter.
[Ord. No. 3591, 2-27-2024]
All enclosed areas, including buildings and vehicles owned, leased, or operated by the City of Salem, as well as all outdoor property adjacent to such buildings and under the control of the City shall be subject to the provisions of this Chapter.
[Ord. No. 3592, 2-27-2024]
A. 
Smoking shall be prohibited on all outdoor property owned, leased, or operated by the City of Salem:
1. 
Within a reasonable distance of fifteen (15) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
2. 
In all public outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within twenty-five (25) feet of, bleachers and grandstands for use by spectators at sporting and other public events.
3. 
In outdoor recreational areas, including parking lots.
4. 
In, and within twenty-five (25) feet of, all outdoor playgrounds.
5. 
In, and within twenty-five (25) feet of, all outdoor public events.
6. 
In, and within fifteen (15) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of Salem.
[Ord. No. 3593, 2-27-2024]
Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area is a non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 240.060 is posted.
[Ord. No. 3594, 2-27-2024]
The owner, operator, manager, or other person in control of a place of employment, public place, private club, or residential facility may declare that an entire establishment is a non-smoking place by clearly and conspicuously posting "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place.
[Ord. No. 3595, 2-27-2024]
A. 
This Chapter shall be enforced by the City Administrator, Code Enforcement Officer, or Salem Police Department, or an authorized designee.
B. 
Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the City Administrator, Code Enforcement Officer, or Salem Police Department.
C. 
Notwithstanding any other provision of this Chapter, a private citizen may bring legal action to enforce this Chapter.
[Ord. No. 3596, 2-27-2024]
A. 
A person who refuses to comply with a request to stop smoking in an area where smoking is prohibited by the provisions of this Chapter shall be civilly liable, subject to an administrative citation not exceeding fifty dollars ($50.00). No person shall be liable under this Section unless said person shall have been previously given a warning by a person authorized to enforce this Chapter or who exercises legal or actual control over the premises where smoking is prohibited.
B. 
Any violation of this Chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
C. 
Violation of this Chapter is hereby declared to be a public nuisance, which may be abated by the City Administrator, Code Enforcement Officer, or Salem Police Department by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nuisance abatement.
D. 
The remedies provided in this Chapter are cumulative and in addition to any other remedies available at law or in equity.
[Ord. No. 3597, 2-27-2024]
This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 3598, 2-27-2024]
This Chapter shall be liberally construed so as to further its purposes.
[Ord. No. 3599, 2-27-2024]
If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable.