Nevada County Picayune and Gurdon Times Newspaper Archive

Council urged to ban smoking

Dump those butts was the message the Prescott City Council heard at its regular monthly meeting, Monday, July 21.

Janet McAdams, with the Nevada County Health Department, approached the council with an ordinance to make workplaces in Prescott smoke free.

McAdams has spoken to the different civic groups in Prescott about the dangers of secondhand smoke and tobacco in general. The idea behind the ordinance, she said, is no one should have to breathe secondhand smoke.

Five states in the nation, according to McAdams, have gone "smoke free" and passed laws concerning smoking in public buildings.

"This is the trend across the country," she said, "and the reason is tobacco and secondhand smoke kills. We want to do something about it. It's not fair to non-smokers to be around it."

The smoke from a cigarette, she said, contains more than 4,000 chemicals, with more than 40 of these to be known carcinogens  including cyanide. McAdams continued, saying 87 percent of all lung cancer cases are from smoking.

"The purpose is to protect the public welfare by prohibiting smoking in public and work places," she said.

The council debated the issue, but took no action. City attorney Glenn Vasser said he would love to see such an ordinance adopted, but feared tobacco companies making Prescott a test case to see if such a law would hold up in court.

Vasser said if a suit were filed against Prescott, it would cost the city thousands of dollars it doesn't have to fight it. The problem, he added, is whether or not it infringes on the rights of others.

"My concern is this is a small community and if someone comes along and sees us as a test case, we could have to defend it and be out thousands of dollars," he said. "It could go all the way to the U.S. Supreme Court. It will be tested somewhere."

According to a stamp out smoking survey done for Southwest Arkansas, McAdams said, 27 percent of the people in the region smoke on a daily basis. Of the more than 6,000 surveyed, she continued, more than 54 percent support banning smoking in public places, while 62 percent said they favor banning smoking in malls. Ninety five percent had no problem banning smoking at daycare centers, while 72 percent wanted to see smoking banned at sporting events.

Turning the topic to the local level, McAdams said by the time students reach the 12th grade, 45 percent have smoked within the last 30 days, and of this figure, there is an equal number of males and females involved. Additionally, 14 percent of seventh graders have at least tried smoking.

Councilman Danny Beavert said if the council is looking at banning smoking, it also needs to ban burning leaves and other items.

These issues, Vasser said, should be examined separately.

Under terms of the ordinance, McAdams said, legal action could be brought against offenders. The fine for the first offense could be $100, going to $200 for the second offense and $500 for the third infraction.

"If we do it right," she said, "by putting up signs and removing ashtrays, there would be little problem." McAdams said the Nevada County Health Department and Prescott-Nevada County Health Alliance could help get signs put up.

As for the ordinance, McAdams said it was based on a California law and had been sent to an attorney involved with the Little Rock tobacco group. She admitted it hadn't been defended in court, nor been examined by other attorneys.

The ordinance declares its purposes are: "(1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke."

While the ordinance sets out to make smoking illegal in all public places, it does fall short because there are exceptions included therein. Smoking in specified places would not be regulated, and, therefore, would be legal. These places include private residences, except when used as a child care, adult day care or health care facility; designated smoking rooms of hotels and motels; and retail tobacco stores.

The ordinance also mandates employers have and maintain written smoking policies with the following requirements. "Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities."

It also requires a reasonable distance for smokers to be away from any enclosed area, setting this distance at 25 feet.

Signs must also be posted showing a business or workplace doesn't allow smoking. The sign can either say "No Smoking," or be the international no smoking symbol consisting of a picture of a burning cigarette enclosed in a red circle with a red bar across it.

Should the ordinance be approved as is, anyone applying for a business license would be required to have a copy.

The ordinance states the owner, manager, operator or employee of any business could inform on violators, as could private citizens.

It also contains a nonretaliation clause which states a person can't be fired, hired or retaliate against any employee, applicant or customer because someone exercised their rights under the ordinance.

McAdams offered to have representatives from the Arkansas Department of Health and the American Heart Association at the August meeting to "give expert testimony" on the subject of smoking.