Nevada County Picayune and Gurdon Times Newspaper Archive

Huber opposes smoking

No smoking on any Clark County property is what Justice of the Peace Jonathan Huber is hoping for.

Smoking was banned inside all county buildings, under the county's ordinance adopted in 1993. The lone exception is the Clark County Jail.

Huber wants to amend that ordinance to ban smoking anywhere on county property  inside or outside. He has several reasons for wanting the extended smoking ban.

"We have spent a lot of money putting flowers and making the courthouse beautiful. I've noticed that there have been some cigarette butts and other things lying around which I think really take away from that."

When smokers stand just outside the Clark County District Court building, smoke from their cigarettes can be drawn into the building when people enter and exit the building through its doors. Huber said he has received complaints about this.

"When you go outside the door, someone may be standing right outside smoking, and someone has to walk right through that. Then sometimes the smoke enters the building ... and gets the smell in there."

Events at the gazebo outside the courthouse should be equally smoke-free. He said the often prayerful and solemn nature of events at the gazebo, which include the National Day of Prayer observance, dictate smoking should not be allowed there.

When it comes before the court, Huber's amended ordinance will, itself, have been amended. His original proposal would have banned smoking within 50 feet of county buildings. He recently changed the proposal after consulting with Clark County Attorney Todd Turner. The change was based on concerns about private property adjacent to and within 50 feet of county property.

"Obviously, you can't restrict people on private property. So if you say 50 feet, that could potentially go into private property. That's probably going to be the direction I am going."

He said his proposal is not a "radically new change." He has not considered whether designated smoking areas can be allowed outside county buildings.

"If we need to do that, if that was appropriate, then I guess we can consider it."

He could not predict how his proposal will be received by the court.

"I don't know. We'll see," he said.

The county's current no-smoking ordinance was originally adopted by the court in February 1993. It was vetoed by then-Clark County Judge Jim Fisher. The court subsequently voted 7-5 to override Fisher's veto, thus making the ordinance a law.