Posted 10:57 am Tuesday, October 27, 2009
Palestine City Council OKs Smoking Ban
By BETTY WATERS
Staff Writer
PALESTINE -- Smoking in public places, places of employment and some outdoor areas will be prohibited here under an ordinance adopted Monday by Palestine City Council. Bars, nightclubs and some other places are exempted from the smoking ban.
Staff Writer
PALESTINE -- Smoking in public places, places of employment and some outdoor areas will be prohibited here under an ordinance adopted Monday by Palestine City Council. Bars, nightclubs and some other places are exempted from the smoking ban.
The ordinance further makes it unlawful to smoke within 20 feet of outside entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited.
In an unrelated action, the council extended hours for the sale of mixed beverages to 2 a.m.
The nonsmoking order, passed by a majority of councilmembers with two nay votes, makes employers responsible for providing a smoke-free workplace for employees.
It charges the owner, manager or other persons in control of a public place or a place of employment to post "No Smoking" signs conspicuously at the entrance.
Besides prohibiting smoking in all places of employment and enclosed public places, the ordinance forbids smoking in these outdoor areas: boarding and waiting areas of public transportation facilities, zoos, city parks, playgrounds and recreation areas.
But the ordinance permits smoking in designated smoking areas of city parks.
Other places also exempted from the ban on smoking are: a private residence unless it is used as a child care, adult daycare or health care facility, a retail tobacco store, a private club, a facility owned or under control of another governmental or educational institution, a hotel or motel room rented to a guest, a bar, a bingo hall and an outdoor area including a patio adjacent to a bar or restaurant served by employees of the bar or restaurant and at least 20 feet from an enclosed area where smoking is prohibited.
The ordinance classifies a violation of the smoking ban as a misdemeanor and sets penalties. The first offense can result in a fine of not more than $300. The punishment can be as much as $500 for subsequent violations of the smoking restriction.
Council's action on the smoking issue came in response to concerns expressed by many health-care professionals in Palestine for stronger smoking regulations and a need to eliminate exposure to secondhand smoke in public places, according to the ordinance.
Cody Harris of the Palestine Young Professionals Network requested in September an ordinance prohibiting secondhand smoke in public places and places of employment. About a month later, the council conducted a public hearing to allow proponents and opponents to speak.
The ordinance adopted by council notes that the U.S. Surgeon General released a report in 2006 stating there is no risk-free level of exposure to secondhand smoke and that breathing even a small amount can be harmful to health.
The U.S. Surgeon General concluded that secondhand smoke causes lung cancer, heart disease and acute respiratory effects and can cause sudden infant death syndrome and other health problems in infants and children.
"Simple separation of smokers from nonsmokers within the same airspace does not eliminate the exposure of nonsmokers to secondhand smoke," the ordinance states.
In other action, the council approved extended hours for the sale of mixed beverages between midnight and 2 a.m. at locations where sale of alcoholic beverages for on-site consumption is permitted. The extension was requested by owners of Whistle Stop Saloon.
The council also authorized lease/purchase of a fire engine for $247.505. Payments will be $50,000 a year for five years.
