§ 9.11.020. Findings and purpose.

The board of supervisors of the county of Madera find as follows:

A.

The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General's 1986 report on the Health Consequences of Involuntary Smoking concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, bronchoconstriction and bronchospasm. While all members of the population are truly at increased risk due to exposure to second-hand tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders, including asthmatics and those with obstructive airway disease and cardiovascular disease.

B.

The U.S. Surgeon General labels smoking "the largest single preventable cause of death and disability for the U.S. population."

C.

A recent scientific study has reported that second-hand smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with second-hand smoke.

D.

Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.

E.

The health care costs produced by smoking-related ailments and diseases constitute heavy and avoidable financial drain on our community.

F.

Opinion surveys show that a majority of the residents of Madera favor restriction on smoking in areas accessible to the general public.

G.

Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in a serious and significant physical discomfort of nonsmokers and constitutes a public nuisance.

H.

Research concludes that exposure to second-hand smoke is the third leading cause of preventable death, after smoking and alcohol.

I.

Second-hand smoke has been found by E.P.A. to be a known carcinogen.

J.

The U.S. Surgeon General has concluded that children exposed to second-hand smoke have more respiratory infections and lung problems than children who are not exposed to secondary smoke.

K.

Numerous government and privately sponsored scientific studies have concluded that approximately forty thousand deaths per year occur from lung cancer, other cancer and heart disease due solely to exposure to second-hand smoke. Accordingly, the board of supervisors declares that the purpose of this chapter is to protect the health, safety and general welfare of the residents of, persons employed in, and persons who frequent the county who would benefit by the regulation of smoking, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

(Ord. 550 § 1(part), 1993).