Published: October 13, 2009 06:33 pm      

City council to vote on proposed smoking ordinance

The Palestine City Council is expected to vote on a proposed stricter smoking ordinance later this month after discussing the matter during a meeting Monday.

During a work session Monday, council members discussed the ordinance which would essentially prohibit smoking in most public places. Some entities, such as a private club, would be exempt from the ordinance.

Council members made minor modifications to the proposed smoking ordinance during Monday’s work session, according to Palestine Mayor Bob Herrington.

City attorney Ronald Stutes is now working on preparing the final draft of the ordinance.

The council is expected to vote on the ordinance during a meeting set to begin at 5:30 p.m. on Monday, Oct. 26.

The council began considering such an ordinance after representatives of the Palestine Young Professionals Network appeared before the body back in August. The ordinance is largely patterned after ones already in place in Tyler and College Station.

Under the ordinance, smoking would be prohibited in all enclosed public places and within 20 feet of outside entrances, operable windows and ventilation systems of enclosed public places.

Some of the areas exempted from the ordinance would include a private residence unless it is used as a child care, adult daycare or health care facility; a retail tobacco store; a private club; a facility under the ownership, custody, or control of another governmental or educational institution; a hotel or motel room rented to a guest; and a designated smoking area in a city park.

A first-time violator of the ordinance would be subject to a fine of up to $300, while a repeat offender could face a fine of up to $500.

During a public hearing on Sept. 21, a dozen persons addressed the city council, with nine of those favoring a stricter smoking ordinance. Approximately 60 persons attended that meeting.

Some of the proponents of a stricter ordinance said they are sensitive and even allergic to secondhand smoke, adding that no smoking sections at restaurants and other enclosed buildings are ineffective.

Ed Furman was among those attendees speaking in favor of maintaining the current ordinance, saying business owners should have the right to distinguish themselves and allow the market to decide.

“In Palestine, there’s probably more people who die from drinking than smoking,” but there is no similar movement to prohibit the consumption of alcohol, Furman indicated.

Prior to the public hearing, Herrington told the audience that he had polled 28 restaurants operating in Palestine. Twenty-two of those do not allow smoking inside their business, while the other six had designated smoking sections, according to the mayor.

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Paul Stone may be contacted via e-mail at pstone@palestineherald.com