Correction: A ban on smoking in Carmel is not the law of the city yet. A story in Wednesday’s Herald incorrectly said it was approved by the City Council. The council, in fact, referred the proposed ordinance to staff for revision. A public hearing on the ordinance will be held at a later date.
Carmel >> If you’re thinking about smoking in Carmel in the near future, think again.
The City Council on Tuesday night referred a proposed ordinance for a restrictive smoking ban on to staff for revision. The vote was 4-0. Councilwoman Carrie Theiss was not present.
The ban would forbid smoking throughout the city. It includes e-cigarettes, medical marijuana and smokeless tobacco. As it stands, the only place you would be able to smoke is in your car, in your home or in a hotel room that allows smoking.City Attorney Don Freeman drafted the ordinance. There are 84 cities and counties in California with similar ordinances. The Carmel ordinance would be one of the most restrictive.
Councilmembers also voted unanimously to direct city staff to design a program to address receptacles for extinguished cigarettes and no smoking signs. Carmel Beach, city parks and areas around them are included in the ordinance, as well as the Forest Theater and outdoor dining areas.
Smoking bans had been in effect at the beach and in parks, but it was noted that cigarette butts continue to litter those areas.The purpose of the ban, Freeman said, “is to educate people and change behavior where we can. … We’re not looking to issue citations at this point,” he said.
Smoking would be considered an infraction. If a person has three infraction violations, Freeman explained, the violation could escalate to a misdemeanor.
The ordinance notes that tobacco is considered at Class A carcinogen by the Environmental Protection Agency. It also says exposure to second-hand smoke is the third leading cause of preventable death in the United States.
Mayor Jason Burnett said that while walking in Carmel with his family he often walks on the other side of the street to avoid smokers. He read a letter from Dr. Richard Gray of Community Hospital of the Monterey Peninsula commending the city for considering a smoking ban.
Others, however, raised questions about a smoking ban. Councilman Steve Dallas said, “I really don’t think we have a smoking problem in this city. … Are you going to spend taxpayer money to have people going around to tell people to stop smoking?”
Monte Potter, executive director of the Carmel Chamber of Commerce, read responses she received from Carmel business owners about the proposed ban. Those responses asked whether it will require more city staff to enforce a ban. Another suggested it will hurt rather than help the economy.“I would hate to see a no-no temperance ordinance here,” Potter said. “It’s going to affect the business community and the residential community.”
Barbara Livingston of the Carmel Residents Association, said members approve a ban.
“I doubt anyone in the room would welcome a smoker into their home,” she said. “Why should we welcome smokers into our town? I’ve had too many friends die from smoking and second-hand smoke.”Business owner Rich Peppe suggested the city should get more data on smoking outside in the city.“How big is this problem and what are you going to accomplish from this?” he asked.
Councilwoman Victoria Beach said creating a smoking zone in the city may be the only way to get the ban to work. But she made the motion to accept the ordinance.
Burnett said, “If smokers find a place where they don’t bother anyone, that may occur.”
In other action, Freeman reported on the status of the city’s short-term rental ordinance. He said the city has identified 27 residences that are renting property for less than 30 consecutive days. The city is contacting the residents and advising them about the city rule on short-term rentals and advising them to stop. That will be followed up with a letter.If there is no compliance, Freeman said, the city will set up a sting operation to catch the offenders. That could result in legal action.
“They will have a hard time beating it,” he said. “The city is very serious about addressing this.”
Also at Tuesday’s meeting, Stephen Moorer, executive director of Pacific Repertory Theatre, presented a letter informing the council of an anonymous $100,000 gift to PacRep. It will be used for the Outdoor Forest Theater renovation, specifically for a westside path. Money also will be used for the children’s acting school. The donor is a 91-year-old Carmel woman who is a loyal theater patron. The City Council must approve the gift.
Source : http://www.montereyherald.com
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