Board gets first look at no smoking law

Published 5:00 am Monday, March 10, 2008

The Brookhaven Board of Aldermen on Friday reviewed a firstdraft of a smoking ordinance that may soon be implemented in thecity.

During a lunch work session, in which no official actions couldbe taken, aldermen agreed the plan was not to enforce a blanketprohibition on smoking in the city limits, but to allow businessesan option to opt out of a smoking ordinance that particularlyapplies to restaurants.

“We’re not trying to stop people from smoking, we’re trying tostop them from blowing smoke,” said Alderman at large LesBumgarner. “If they want to keep it in their lungs, that’d be allright.”

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The ordinance, drafted by City Attorney Joe Fernald, wouldinclude all restaurants in the city limits. The exceptions to therule would be if the restaurant decides to opt out of theordinance, or if it has a separate smoking section with separateventilation.

“Restaurants can opt out by writing a letter to the board, andthat can be developed to say they have to have adequate non-smokingfacilities,” said Fernald.

In addition, the ordinance prohibits smoking within certaindistances from where smoking is prohibited. Attached covered orpartially covered areas of restaurants are also to be smoke-free inbusinesses covered by the ordinance, as are seating areas ofoutdoor sports arenas, stadiums and amphitheaters.

Fernald indicated that the ordinance has to allow alternativesfor business owners who want to allow smoking on their property -since smoking itself is not an illegal activity.

“We sell them in the city, and they’re perfectly legal, so wecan’t tell people, ‘You can’t use them,'” he said. “There has to besome leeway for businesses to decide what they want.”

One point that caused extended conversation was the issue ofwhich businesses would be included under the umbrella of theordinance. The first draft included references to “privatebusiness” within Brookhaven. Upon review, the board thought thewording should not include “private,” as it could complicate thematter.

The board discussed ordinances passed in cities such as Oxford,Hattiesburg and Starkville that ban smoking in restaurants andpublic areas. Bumgarner pointed out that all three of those citiesare college towns, and that it was feasible the ordinances wereheavily influenced by the tobacco abuse of the collegestudents.

“Everybody here lives here and are taxpayers here,” he said. “Ithink those are aimed at kids coming into towns and abusingthem.”

Ward Five Alderman D.W. Maxwell said he believes signage shouldbe put up by businesses that choose to opt out of the smokingordinance.

“If the owner does that, he should put up a sign that says,’This is not a smoke-free environment,'” he said.

Enforcement of the ordinance was another subject of discussion,with talk of whether it should fall to the police or firedepartments.

“Enforcement can be a concern,” said Mayor Bob Massengill. “Thechief (Pap Henderson) is interested and willing to meet with usabout this.”

The point was brought up that in Hattiesburg, enforcement of theordinances is done by the fire marshal. Brookhaven does notcurrently have anyone who serves in the position of firemarshal.

“What we have is a bit of a surreal problem,” said Fernald.”This doesn’t need to be such a blanket thing that the city has tomicromanage it.”

Fernald warned the aldermen there could be more resistance to anordinance than they might expect.

“I’d suggest some of you go talk to local restaurateurs, and Ihave,” he said. “They’re not universally in favor of this.”

Potentially, the city could review the issue after a year to seehow the ordinance is working and if it is profiting the city tohave it in place.

While the board could take no action during a work session, theydecided to let Fernald correct some things in the first draft ofthe ordinance and bring it back at the March 18 aldermen meetingfor further review.