Smoking Banned in Public Areas

Orland is working on a new smoking ban in its parks and outside business doorways and restaurants, but there are some kinks to be unknotted before it's approved by the City Council. A contingent of Orland High School students belonging to Students Working Against Tobacco pushed for the ban again Monday night, saying it is aimed at protecting children, teens and adults from secondhand smoke. They came armed with posters, chaperones and information to lobby for smoke-free playgrounds, ball fields, picnic areas and store fronts. Most council members agreed such a ban would benefit public health, but they did not like the proposed fines listed in a sample law the students provided when they first sought the ban on Oct. 17. Proposed fines of $250 to $1,000 for so-called civil actions surprised the council and were thought to be too high. Councilman Bruce Roundy suggested fines of $25 to $100 would provide a "bit of a bite," but would not be excessive if a smoker violated the rules. Nonetheless, Roundy said he did not expect the police department to enforce the ban aggressively. "Most smokers if they know they are not supposed to smoke cheap Focus cigarettes in a certain area don't," he said. He added there is not going to be a "smoking cop" patrolling the parks and streets for violators. Interim police Chief J.C. Tolle said since such a violation is a misdemeanor and officers would have to actually see the violation to enforce it — unless citizens step forward to name a violator. The proposed ordinance also would ask business owners to put up signs asking customers and employees not to smoke within 20 feet of an entryway, although Vice Mayor Wade Elliott noted that requirement was missing from the draft City Attorney Greg Einhorn presented for discussion - leaving it as 20 feet from all buildings. Still, the impacts on business owners concerned Councilman Dennis Hoffman. Hoffman spoke with a businessman who has employees who smoke and is worried he might be fined if they smoked outside his building, the councilman said. "I can see public areas that belong to the city where we would enforce this," Hoffman said. "But are we overstepping with enforcement of private business?" Glenn County Supervisor Dwight Foltz spoke against the ban — noting smokers already have few places where they can smoke. With this proposal, he said, "they would have to go out into the middle of Walker Street to smoke." Foltz said there are plenty of laws on the books to ban smoking - and controlling cigarette butts falls under litter laws already. Thrift shop owner Trish Saint-Evens said she has never smoked, but she felt criminalizing smoking on the streets went a little too far. Saint-Evens opted to keep the entrance to her store and inside its premises smoke-free, she said, but she has a problem with fining people. Real Estate Broker Sharon Nord said she respected the teens' views, but the city could not take away people's rights. But April Hine of Orland said, "My children have rights too," adding they spend a lot of time in the city's parks playing sports and there have been problems with smokers nearby. When she asks them to put the cigarettes out, Hine said some leave but others stay and smoke lingers regardless. Elliott told the students the council represents all citizens of Orland, which is why it could not simply pass their proposed ordinance Monday night. He also asked the teens and the American Lung Association representative to find funds for no-smoking signs if they could to help with this effort. Mayor Jim Paschall did not attend the meeting because he is recuperating from surgery, Elliott said. The smoking ordinance will come back at a future meeting for action, he added.