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    25.    
City Council Regular
Meeting Date: 12/18/2018  
Subject:    Open Mic Response - Ms. Laurel Froelich, 11740 Xeon Blvd., Re: Secondhand Smoke Ordinance
From: Matt Stemwedel, City Manager

INTRODUCTION
Ms. Laurel Froelich of 11740 Xeon Blvd., #203 appeared at the Open Mic portion of the December 4, 2018 City Council Meeting. Ms. Froelich raised an issue regarding the impact that secondhand smoke was having on her health at her apartment building and requested the City Council consider a secondhand smoke ordinance similar to one that has been recently approved in Contra Costa, California.
DISCUSSION
The Minnesota Clean Indoor Air Act (MCIAA) provides for some protections from secondhand smoke that would apply to Ms. Froelich's situation; however, it doesn't likely prohibit the type of smoking that is directly affecting her at her residence. According to the Minnesota Department of Health (MDH), the MCIAA prohibits smoking in virtually all indoor public places and indoor places of employment, including:
  • Bars, restaurants, and private clubs
  • Office and industrial workplaces
  • Retail stores
  • Common areas of rental apartment buildings, hotels and motels
  • Public transportation, including taxis Work vehicles, if more than one person is present
  • Home offices with one or more on-site employees, or used as a place to meet or deal with customers – during work hours
  • Public and private educational facilities
  • Auditoriums, arenas and meeting rooms
  • Day care premises
  • Health care facilities and clinics
Outdoor smoking is not prohibited, regardless of distance from building openings. Additionally, smoking in private areas, including within an apartment unit, is also not prohibited. More information on the MCIAA can be found on the MDH website here: http://www.health.state.mn.us/freedomtobreathe/.

Ms. Froelich's property manager may, and apparently has, institute stricter rules regarding smoking on their property. City staff will follow-up with Ms. Froelich's property manager to better understand their rules regarding smoking and to make them aware of the impact that secondhand smoke is having on Ms. Froelich.

For reference, information regarding the Secondhand Smoke Protection Ordinance from Contra Costa, CA has been attached to this memorandum.
RECOMMENDATION
This item is for informational purposes and no specific recommendation is being made at this time.

Attachments
Contra Costa Secondhand Smoke Protections Ordinance

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