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Santa Clara County Supervisors Pass Anti-Smoking Measures

SAN JOSE (KCBS/BCN) -- The Santa Clara County Board of Supervisors on Tuesday unanimously passed three new ordinances that will tighten tobacco restrictions in unincorporated areas of the county.

The ordinances, introduced by Board President Ken Yeager, were passed following a public hearing that featured presentations by Dr. Marty Fenstersheib, the county's health officer, Dr. Lisa Henriksen of Stanford University, and Dr. Suzaynn Schick of the University of California, San Francisco.

Yeager said the measures would strengthen the county's efforts to combat youth smoking and protect residents from secondhand smoke exposure in public settings.

They must be read a second time and receive final approval next month before they go into effect.

Under the smoking pollution control ordinance, smoking would be banned at the Santa Clara County Fairgrounds, outdoor shopping malls, all county parks, in hotels and motels, and at retail stores that exclusively sell tobacco and smoking products.

Public smoking would also be banned within 30 feet of any outdoor service area, such as a ticket line.

The board also passed the multi-unit residences ordinance, which bans smoking in duplexes, condo and townhouse complexes, and apartment buildings. The ordinance does allow for setting up designated smoking areas at least 30 feet away from doors and windows.

The ordinance requires new or renewed lease agreements to include a clause that would prohibit smoking inside units.

Schick, an expert on secondhand smoke, said that even short exposures to low levels of secondhand smoke can increase the risk of heart attacks.

Secondhand smoke is emitted under doorways, through cracks in walls, and into ventilation systems, and it most affects pregnant women and children, Fenstersheib said.

"I'm very enthused about this, especially in apartment buildings," Supervisor Liz Kniss said. "Smoke next door coming down the vents is secondhand smoke."

The tobacco retailer permits ordinance requires retailers that sell tobacco in unincorporated areas to obtain and maintain an annual permit.

The one-time application fee is $340 and the annual permit fee is $425. Under the ordinance, new retail outlets would be prohibited from selling tobacco if they operate a pharmacy or are located within 1,000 feet of a school or within 500 feet of another tobacco retailer.

Henriksen, who studies youth tobacco use, said neighborhoods with a high density of stores that sell cigarettes encourage teens to take up smoking by making tobacco products accessible and selling different flavors in bright and colorful packaging. Such neighborhoods also thwart the efforts of smokers who want to quit.

According to a California Department of Public Health survey, nearly 17 percent of tobacco retailers in Santa Clara County illegally sell to minors, and more than 70 percent of minors are never asked for proof of age when buying tobacco products.

Henriksen said the licensing ordinance would help reduce the availability and visibility of cigarettes in communities by placing restrictions on tobacco ads.

About a handful of people addressed the board following the presentations, some taking issue with the tobacco retailer permits ordinance.

One speaker, Samantha Dabish of the Neighborhood Market Association, said that while she agreed teens should not be smoking, she had concerns about the ordinance handicapping small businesses.

"We believe this ordinance definitely needs to be re-examined," Dabish said. "Please engage the business community."

Funding to educate residents about the new ordinances and advocate similar tobacco control policies will come out of a $7 million grant received through the American Recovery and Reinvestment Act.

Before they are enacted, the smoking pollution control ordinance and multi-unit residences ordinances require a second reading and final approval on Nov. 9. Both ordinances would be effective 30 days after final passage.

The tobacco retailer permit ordinance will receive a second reading and final approval on Nov. 23. The ordinance would be effective 60 days after final passage.

(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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