City Council approves ordinance strengthening no-smoking policy

By Sylvia Phillips

A no-smoking ordinance effective Sept. 1 which will strengthen the existing policy was approved after brief debate by the DeKalb City Council Aug. 22.

In a 5 to 1 vote, the council passed the policy after voting to delete a section regulating private places of employment. Fourth Ward Alderman Rita Tewksbury voted against the ordinance and 1st Ward Alderman Chris Hoagland was absent.

DeKalb City Manager Mark Stevens said at a press conference Aug. 27 the ordinance will place tighter restrictions on smoking in public places.

Restaurants with seating capacity of more than 20 seats must designate a no-smoking area of at least 50 percent.

This does not apply to bars, cocktail lounges or rooms used for private functions or banquets.

“Prohibitions that apply to restaurant enforcement will not apply to the bar area,” Stevens said. “If a facility is class A establishment with a bar and also has seating where meals are served, that would be exempt. If a facility is a restaurant authorized to sell liquor, prohibitions will apply to the restaurant area but not the bar area.”

Smoking is prohibited in waiting areas of offices, restaurants, medical institutions and other public places.

No-smoking signs must be posted in these areas.

“We will establish a grace period, but we encourage property owners to install these signs as soon as possible,” Stevens said.

He said enforcement will be done on a complaint basis.

People should direct complaints about buildings that have not provided seating in no-smoking areas or have not displayed no-smoking signs to the Code Enforcement Division, Stevens said. Complaints against individuals violating the ordinance should be directed to the police department, he said.

Stevens said his office received feedback from businesses which opposed the ordinance because it restricts smoking in the workplace. “It is a question of how far local government should go in establishing work rules and policies,” he said in a press conference Aug. 19.

“Employers are saying, ‘On what basis is the city saying in a conference room in my place of business that we can’t smoke?'” Stevens also said he received telephone calls from individuals who support the proposed ordinance.

Most corporations already have no-smoking policies, and “mom and pop shops” employing few people might not need a no-smoking policy, 2nd Ward Alderman Michael Welsh said. “To negate long-standing rules in businesses would be wrong,” he said.