HomeMy Public PortalAboutr 04:220No. 04-220 Date of Adoption ,Jal¥ 22, 2006
RESOLUTION SUPPORTING LOCAL AUTHORITY
TO PROTECT PUBLIC HEALTH
WHEREAS, tobacco use and secondhand smoke are public health hazards, especially to
children and cause cancer, heart disease and respiratory disease and is responsible each
year for the death of more than 53,000 nonsmokers in the United States, including more
than 11,000 in New Jersey; and
WHEREAS, tobacco use is a safety hazard, linked to increased fires and accidents; and
WHEREAS, tobacco use imposes economic costs, borne by governments proprietors and
nonsmokers; and
WHEREAS, smoke free air policies and laws protect health and safety and encourage
everyone, especially children, to live healthy, smoke free lives or smoke less and reduce
costs; and
WHEREAS, New Jersey state legislation controlling tobacco use in workplaces and
public places is inadequate; and
WHEREAS, the majority in New Jerseyans and other Americans do not smoke; and
WHEREAS, the majority of New Jerseyans and other Americans support smoke flee air
in the workplaces and public places and the majority of Americans support the local
authority to protect public health; and
WHEREAS, 1,700 local governments throughout the United States have passed local
legislation that restrict smoking and the majority of other states do not preempt local
smoke free air legislation; and
WHEREAS, New Jersey has a strong home rule tradition and its Constitution and
legislation authorize local governments to enact legislation to protect public health, safety
and welfare; and
WHEREAS, local authority to protect public health is threatened by a powerful,
nationwide campaign that seeks legislation to preempt (eliminate) local authority to
control tobacco and that uses lawsuits to challenge local authority to control tobacco use;
and
WHEREAS, in June 2000, The Princeton Regional Health Commission enacted a smoke
free air ordinance was sued by the National Smokers Alliance along with two restaurants
and a bar, and in August 2000, the Mercer County Superior Court ruled that New Jersey
state law preempted the Princeton ordinance; and
04-220 PAGE 2 of 2
WHEREAS, in spite of that August 2000 Mercer County court decision, New Jersey
local governments have, since September 2000, enacted more than seventy (70)
ordinances controlling smoking outdoors and fifteen (15) ordinances controlling smoking
indoors, yet other New Jersey local governments report they have not enacted legislation
because of uncertainty about their authority and fear of lawsuit; and
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the
Borough of Carteret supports New Jersey state legislation to repudiate or repel any
preemption of local smoke free air legislation and to reiterate or restore the authority of
local governments to enact and enforce control on tobacco use to protect public health.
Adopted this 22® day of July, 2004
and certified as a true copy of the
original on July 23, 2004.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A,B. COUNCILMAN YES NO NV A.B.
X
KRUM X RIOS
NAPLES X S ITARZ X
PARISI X SOSNOV/SKI X
X - Indicate Vote AB - Absent NV - Not Voting XOR - lndi,..'atcs Vole to Overrule Vet{}
Adopted at a meeting of the Municipal Council
· 4L~ERK ,~ J ~