The city of Tyler will be smoke-free in public facilities and all places of employment beginning June 1.
Members of the Tyler City Council unanimously passed a smoking ban ordinance during a special meeting Wednesday morning, making Tyler the 18th city in the state of Texas to go smoke-free.“There is just no safe level of secondhand smoke,” Mayor Joey Seeber said. “The council tried to strike a balance with this ordinance between the rights of business owners and the health and safety of the general public.”Conditions of the smoking ban include prohibiting smoking in "all enclosed areas available to and customarily used by the general public," including bars, restaurants nightclubs, bingo halls, pool halls and bowling alleys.The proposed ordinance also calls for smoking to be prohibited within 20 feet of a designated non-smoking facility.Under the ordinance, smoking will be allowed on patios and balconies that are unroofed and have at least one wall open, as long as the 20-foot rule is still observed.Other smoke-free zones designated by the ordinance include public outdoor events and city-owned facilities such as parks and playgrounds.The ordinance exempts retail tobacco stores and private organizations such as the Veterans of Foreign Wars.First-time violators can be charged with a misdemeanor offense and a fine of up to $300 by the health department. The fine can go as high as $500 on the second offense.
Council members received public input for more than two hours Wednesday, before accepting the ordinance.
Of the 22 citizens who spoke, most said they agreed that smoking and secondhand smoke is detrimental to health. Nine speakers were in full support of the total ban as it was written, and 13 disagreed on particular conditions of the proposed ordinance.
Several speakers asked the council to consider exempting pool halls and bars with a higher percentage of smoking customers than nonsmoking.
“I believe this will be detrimental to our business. I think I will have to relocate outside of town to stay open,” Robin Griffith, owner of XLN Pool Hall on Fifth Street said.Council members decided to keep exemptions limited to tobacco shops and private clubs.“Many of these (business) situations are compelling, but where do you draw the line? If you exempt a pool hall, then the guy who has a bar with a few pool tables will want an exemption, then restaurants will put in a pool table to try and get an exemption, and it keeps going,” Seeber said.Council members also heard from several speakers about allowing smoking on patios where alcohol and food are served.The original draft prohibited service of food and drinks on patios that allowed smoking in order to protect employees from inhaling the smoke. After hearing several citizens speak against that stipulation, an amendment was made to allow service on patios.“The Surgeon General's warning says nothing about the benefits of eliminating smoke in outdoor environments. I believe property owners have rights, and that those rights can be superseded if there is a threat of health issues. However, this ordinance should be directed toward indoor facilities. I don’t see any definitive evidence that smoking outdoors poses any health issue,” Restaurant owner and task force member Rick Eltife said.The task force was appointed in December to review the city’s old smoking ordinance and make recommendations following information released in the 2006 Surgeon General's warning concerning the health effects of secondhand smoke.“When we were appointed, we set out to educate ourselves. We studied the health effects, the economic effects and held a public hearing where more than 115 people showed up,” Task Force Chair Nathaniel Moran said.“I believe this is a big step in the right direction for Tyler,” Councilman Steve Smith added.The Task Force was composed of eight Tyler business owners, medical professionals and legal experts. Task force members include Nathaniel Moran, City Council member District 5; Chris Simons, mayor pro tem; Bruce Carter, M.D., diagnostic radiologist; Bobby Curtis, business owner and chair of the Planning and Zoning Commission; Rick Eltife, restaurant owner; Jonathan MacClements, M.D., president, Smith County Medical Society; Brian McCalla, chair of the Tyler Area Chamber of Commerce Convention & Visitors Council; Felicity Reedy, president, Genecov Group; and Robert Westbrook, restaurant owner, former president of the East Texas Restaurant Association and the Smith County Health District.Councilman Charles Alworth was unable to attend the council meeting but sent a letter expressing his support for the ordinance that was read before the meeting.
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