My current councilman, Don Schmidt had the City Clerk send me a copy of the proposed smoking ban. I got it today...
I would like to thank Don for directing the City Clerk to send me a copy. When I called the City Clerk they told me I would have to drive downtown and get it myself...
I guess that may be someone's idea of Downtown development? Make taxpayers drive downtown to read silly new laws they are forced to comply with?
Enough of that...
Now to the smoking ban. As you all know I oppose this. It is a property rights issue for me. I think that each business owner should determine their own policy...
This smoking ban excludes smoking in all public places and in ALL places that have employees except:
1. Private residences that are NOT licensed child care, adult day care, or a health care facility.
2. Motels and hotels may allow smoking in up to 20% of their rooms.
3. Private or semi-private rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in WRITING to be placed in a room where smoking is permitted, provided that smoke from these rooms does not infiltrate into areas where smoking is prohibited under provisions of this chapter.
Some things to keep in mind:
1. The ordinance DOES apply to all vehicles owned by the City!
2. Please read #3 above CAREFULLY about nursing homes. This could EASILY be interpreted to mean that the smoking rooms need their own ventilation system.
3. Smoking is not allowed within 20 feet of an enclosed area where smoking is prohibited. This distance is 200 feet from a governmental building and from the property line of a campus hospital that has prohibited smoking.
1. All areas where smoking is prohibited by this ordinance must have "no smoking" signs. This means that every City vehicle will now be required to have a "no smoking" sign! Every entrance must have a sign and signs must be in each area... The sign industry must be ECSTATIC.
Enforcement is really egregious:
1. Check this out. "Enforcement of this subchapter shall be implemented by the Fort Wayne-Allen County Health Department, the City Fire Department, the City Police Department, and all other city and county governmental agencies responsible for building inspections, which boards and/or departments shall certify in writing that any establishment being inspected is complying with the terms of the subchapter."
2. Check this out. "ANY citizen who desires to register a complaint under this subchapter may initiate enforcement by calling the City Fire Department. If the Fire Department is not involved in other higher priority activities, someone will be dispatched to issue a citation to the offending party."
This is a disaster for the City Fire Department...
Will the Fire Department install a smoking violation hotline?
How many new employees will the Fire Department have to hire?
1. A business entity who does not post the necessary signs at each entrance, does not post the necessary signs throughout his or her establishment, or who leaves ash trays in his establishment will be fined up to $2500 per day.
2. A person who smokes (Except in restaurants, see 3 below) will be fined up to $25 the first time, up to $100 the second time, and up to $250 for each additional violation.
3. A person who smokes in a restaurant can be fined up to $2500.
Big government is in Fort Wayne to stay. Democrats and Republicans officials both stand for more Government regulations...