DECEMBER 22, 2009 ISSUE
New Smoking Rules Enacted in Boone
No Smoking in Town Parks, Any Places Open to Public
Effective Saturday, January 2, 2010, in Boone, smoking is prohibited in all enclosed areas of public places, in all town parks, within a six-foot radius of any public place on town sidewalks and within a six-foot radius of a child on any town property.
The Boone Town Council unanimously passed the new smoking ordinance at its monthly meeting December 17. The new local restrictions coincide with a state law banning smoking in bars and restaurants also taking effect January 2. The law gave municipalities additional powers to enact their own smoking restrictions.
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.”
The town smoking ordinance prohibits smoking inside all enclosed areas of every public place, except in a designated smoking area with a separate ventilation system. The ordinance also bans smoking inside and on the sidewalks in front of any town and local government buildings and in town vehicles.
No smoking is allowed within a six-foot radius of any public entrance to a public place on town sidewalks or within a six-foot radius of a child on town grounds. Smoking is also prohibited in or on any town property that is primarily used for or by children, even when no child is present.
In addition, smoking is banned in all town parks or gardens, including but not limited to the Greenway Trail system, Daniel Boone Native Gardens, Strawberry Hill Arboretum, Horn in the West property and Jimmy Smith Park, as well as the grounds of the Jones House and the downtown post office. Finally, smoking is banned in any public or private area designated as a no-smoking area.
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.
A subcommittee formed by Council Members Janet Pepin and Lynne Mason and town attorney Sam Furgiuele met December 15 to discuss the proposed restrictions presented at the November council meeting. In some cases, their revisions were less stringent than the restrictions originally proposed.
For example, the original draft proposed a ban on smoking within a six-foot radius of a child and within a six-foot radius of an entrance to a public place, but the subcommittee amended the language, making those restrictions effective only on town property. Furgiuele said the subcommittee believed the state law only gave municipalities power to prohibit smoking in enclosed areas and on town-owned properties. For that reason, the subcommittee decided not to propose a ban on smoking in outdoor dining areas, a restriction Mason suggested in November.
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