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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 ~