City Council Minutes 2002 08 20 - Laserfiche WebLink

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Louisville City Council Meeting August 20, 2002 Page 3 City Attorney Sam Light read Ordinance No. 1396, Series 2002. Davidson opened the public hearing and called for Staff presentation. Deputy City Manager Julie Boyd reviewed Ordinance No. 1396, Series 2002, if authorized, would ban smoking in enclosed public places and smoking in outside eating areas. She explained that the Mayor appointed a Smoking Task Force to study the matter and forward their findings to Council. Ordinance No. 1396, Series 2002 repeals and reenacts the City's smoking restrictions passed in 1986. Boyd reviewed the intent of the ordinance is to protect the public health, safety, comfort and general welfare and because tobacco-smoke is a positive danger to health. Smoking is banned in common areas defined as follows: lobby, hallway, elevator, restroom or other enclosed, indoor area where the public is likely to gather in close proximity. Smoking is also banned in public places defined as follows: retail food production, or marketing establishments, restaurants, taverns, banks, commercial establishments, theatres, waiting rooms, reception areas, meeting rooms, educational facilities, library, recreational facility, health care facilities, facilities providing live music or sport events, and public transportation facilities. Carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the possession of any lighted cigarette, cigar or pipe is prohibited. Boyd stated that the Ordinance outlines the responsibility of proprietors to post signs in the entrances of their property, warning that smoking is prohibited in public places; to ask persons to refrain from smoking in any non-smoking area; and to report to the city police department any situation where a person has refused to comply with a request to extinguish smoking materials. Violations of the smoking ordinance will be written into the Louisville Municipal Court, with a fine assessment up to $300 per offense. Boyd stated that Council might want to consider the issue of smoking in a private facility used by the public, such as the Elks Club. With respect to the question of whether or not smoking should be permitted in public parks or outdoor facilities during special events, Staff believes that this would be a difficult provision to enforce due to problems with delineating the non-smoking areas. She noted that the date the ordinance will become effective has been left blank to allow time to notify all business owners of the change. Davidson asked if anyone in the audience wished to speak for or against Ordinance No. 1396, Series 2002. Mark B. Johnson, 640 Fairfield Lane, Louisville, CO, Smoking Task Force member, thanked the Mayor and Council for tackling the difficult and controversial smoking issue, and stated that it is a health issue. He stated that there would be claims made that the smoking ban will hurt businesses, but noted, the data does not support such claims. He commented that statements would be made about individual fights of smokers and stressed that 75% of the population does not smoke, and their rights should be protected.