A RESOLUTION PERMITTING ORANGE COUNTY’S ORDINANCE PROHIBITING TOBACCO USE TO BE APPLICABLE WITHIN THE TOWN OF CHAPEL HILL (2008-05-05/R-4)

WHEREAS, tobacco use is the number one preventable cause of premature death in North Carolina and the nation; and

WHEREAS, secondhand smoke has been proven to cause cancer, heart disease, and asthma in both smokers and nonsmokers; and

WHEREAS, the 2006 Surgeon General’s Report on the health consequences of involuntary exposure to tobacco smoke states that the scientific evidence indicated that there is no risk-free level of exposure to secondhand smoke. The 2006 Surgeon General’s Report documents that separating smokers from nonsmokers, cleaning the air, and ventilating smoke cannot eliminate exposure to secondhand smoke; and

WHEREAS, the Centers for Disease Control and Prevention (CDC) advises that all individuals with coronary heart disease or known risk factors for coronary hear disease should avoid all indoor environments that permit smoking; and

WHEREAS, Orange County has the authority to regulate tobacco use on County property pursuant to N.C. General Statute 130A-498, and N.C. General Statute 153A-121, as an exercise of the police power to protect, promote and preserve the public health, welfare and safety of its citizens; and

WHEREAS, on February 19, 2008, the Orange County Board of Commissioners enacted an ordinance titled “Orange County Ordinance Prohibiting Tobacco Use in Buildings Owned by or Leased to Orange County and Public Transportation Vehicles Owned by or Leased to Orange County” (the “Tobacco Use Ordinance”); and

WHEREAS, pursuant to N.C. General Statute 153A-122, the Council may permit the Tobacco Use Ordinance to be applicable within the Town of Chapel Hill.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Orange County’s Tobacco Use Ordinance shall hereinafter be applicable within the Town.

This the 5^th day of May, 2008.