NOVEMBER 26, 2009 ISSUE
Boone Council To Consider More Smoking Restrictions
Boone’s elected leaders will consider changes to the town’s smoking ordinance that include the prohibition of smoking within a six-foot radius of a child, within a six-foot radius of any entrance to a public place and in any town park, including the Greenway Trail.
Town attorney Sam Furgiuele presented a draft of proposed changes to the smoking ordinance—Chapter 97 of the town code—at the Boone Town Council’s regular monthly meeting November 19. Town Council Member Janet Pepin and former Town Council Member Liz Aycock developed the draft with Furgiuele’s assistance.
“By the way, I quit smoking as a result of this,” Pepin said at the meeting. “Some places in here I think people will be surprised by…[but] I think we’re trying to be serious about the health of children in this community.”
The committee of Pepin, Aycock and Furgiuele initially met about a year ago to look at ways to prevent people from being involuntarily exposed to secondhand smoke. They decided to wait, however, until the General Assembly passed a new law on smoking in May that gave municipalities additional powers to enact their own smoking restrictions.
Session Law 2009-27 was signed into law May 19 and among other things, banned smoking in all restaurants and bars in the state effective January 2, 2010. According to the law, “A local government may adopt an ordinance, law or rule restricting smoking…and enforce ordinances, board of health rules and policies restricting or prohibiting smoking that are more restrictive than state law and that apply in local government buildings, on local government grounds, in local vehicles or in public places.”
According to the law, a “public place” is defined as “an enclosed area to which the public is invited or in which the public is permitted.”
Under the state law, smoking is prohibited in state government buildings and vehicles and all enclosed areas of restaurants, lodging establishments and bars, except cigar bars, designated smoking guest rooms and private clubs.
The law also lists locations where local governments may not restrict or prohibit smoking, including a private residence; a private vehicle; a tobacco shop if smoke does not migrate into other enclosed areas; property owned and operated by tobacco leaf growers, processors or dealers; a cigar bar; designated smoking guest rooms in hotels; a private club; and in a movie, television, theater or other live production set by an actor.
The current Boone smoking ordinance prohibits smoking in 20 specified public places, including elevators, public transit vehicles, waiting areas, restrooms, childcare facilities, enclosed areas in educational facilities, sports arenas and convention halls and other locations. It prohibits smoking in town vehicles only when a nonsmoker is present.
The proposed ordinance would, in addition to state law restrictions, prohibit smoking inside all enclosed areas of every public place and place of employment. The exception is for an area in which signs establish boundaries for smoking; there are at least two designated areas for the public or employees, including a non-smoking area; and the smoking and non-smoking areas are equipped with separate ventilation systems.
In addition, the proposed ordinance would prohibit smoking within a six-foot radius of a child, in every location used primarily for children, within a six-foot radius of any entrance to a public place when the location is open and within any area designated and posted by the owner of private property as a no-smoking area.
Other proposed restrictions include the prohibition of smoking in any local government building; on sidewalks in front of any town or local government building; within six feet for an entrance to a town building; within or on the grounds of any town parks, including the Greenway Trail; on the grounds of the Jones House, except in designated smoking areas; and in any local government vehicle.
The maximum penalty for violations of the smoking ordinance is a $50 fine as set by state law. The ordinance would also ban littering of smoking refuse on town property, which would carry a maximum $100 fine.
Town Council Member Lynne Mason said she would like to see the inclusion of other town-owned properties such as Horn in the West and the Daniel Boone Native Gardens included in areas that prohibit smoking. Mason said she would also like to prohibit smoking in outdoor dining areas.
“I think we need to be as restrictive as we possibly can,” Mason said.
Furgiuele said the town could simply prohibit smoking on all town properties or give some properties, such as the Jones House, the ability to designate a smoking area. Mason said she would like to see all outdoor town properties smoke-free.
But Pepin said the town should be sensitive to people who do smoke while not infringing on the rights of non-smokers.
“If you make all town properties smoke-free, you’re telling them all they have to quit smoking,” she said. “There’s got to be a little bit of wiggle room here for allowing people some place to smoke.”
Council Member Jamie Leigh said, “I’m adamant on protecting non-smokers’ rights, but I’m not trying to reform all smokers. Making Boone an entirely non-smoking community is not reasonable or enforceable.”
The council agreed to allow the committee to take another look at the proposed ordinance before considering adoption at a future meeting. Because Aycock is no longer a council member, Mason volunteered to serve on the committee.
A public hearing is not required for amendments to the town’s Code of Ordinances.
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