“Red Phone, with the New Year (upon us) is it illegal to smoke within 20 feet of a door such as at the M&H Tavern, as more smoke comes in than stays out. Who is responsible to post signs?”
Red Phone: Dear Smoked Out, Red Phone checked the city’s municipal code section 8.44.030 (Smoking – where prohibited) and could not find any language that bans smoking in front of buildings, such as at the Tavern. It does list a slew of place where smoking is prohibited in the city, including, “in elevators; buses, taxicabs and other means of public transit under the authority of the city, while within the boundaries of the city; public restrooms; indoor service lines; retail stores doing business with the general public; all enclosed areas available to and customarily used by the general public in all businesses patronized by the public, including, but not limited to, attorneys’ offices and other offices, banks, hotels and motels, pharmacies; within all restaurants and other eating establishments; in bathrooms, halls, reading and viewing rooms of aquariums, libraries and museums when open to the public; within any building not open to the sky which is primarily used for, or designed for the primary purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance; and hearing rooms of the city council of the city.”
But, it should be noted, good caller, that the city recently approved spending up to $41,000 on a public outreach process to weigh the pros and cons of a comprehensive outdoor secondhand smoke ordinance that cold prohibit smoking in the city’s parks, on sidewalks, dining areas, recreation areas and other outdoor public places, including in front of restaurants and bars, such as the Tavern. It could also ban smoking at public events such as the farmer’s market and outdoor concerts, recreation areas such as parks, trails, sports fields and facilities such as the Community and Cultural Center amphitheater, service areas, such as bus stops and ATM lines, sidewalks, particularly those around downtown shopping and business sites and worksites such as construction areas.
The meetings have been held, and the ordinance will be written in the next week or two and presented to the Parks and Recreation Commission at their January meeting. On Feb. 1, it’s scheduled to go for the presentation to the city council.
Good caller, hope that answers your questions.
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