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Paso Robles bans smoking in public places 

Story updated Feb. 23, 2017:

Chief-Burton---addressing-council

Police Chief Robert Burton addressing the City Council.

Paso Robles was the only city in the county without a smoking ordinance

– The Paso Robles City Council voted Tuesday night to ban smoking in public places. During a presentation to the council earlier this month, Police Chief Robert Burton said that Paso Robles was the only city in San Luis Obispo County without a comprehensive ordinance for smoking in public places. The current ordinance, passed in 1988, only restricts smoking in meeting facilities. The new ordinance, which expands smoking restrictions, expressly prohibit smoking marijuana in public places. The new ordinance will take effect in 30 days.

Burton said there are more than 80 peer reviewed studies showing that smoke-free policies for public places reduce tobacco use, exposure to second-hand smoke, increase the number of smokers who quit and reduce tobacco-related illnesses and death.

The ordinance will also restrict smoking marijuana in certain public places such as schools, public parks and events and in vehicles. Even though Proposition 64, the Adult Use of Marijuana Act (AUMA) authorizes the recreational use of marijuana by adults, cities and other local jurisdictions still have the legal right to regulate marijuana in places where tobacco smoking is prohibited.

The ordinance will amend Chapter 9.41 of the municipal code and restrict smoking of cigarettes, cigars, pipes, e-cigarettes (vaping) and marijuana. According to the draft of the ordinance, smoking will be prohibited in the following places:

  • “Within all city-owned, leased, or operated buildings, including meeting facilities and the Library Conference Room/City Council Chamber.
  • Within all places of employment, in accordance with California Labor Code section 6404.5.
  • Within all enclosed places, whether publicly- or privately-owned and regardless of any applicable fee or age requirement, that are available and open to the general public, including but not limited to parking garages, bars, restaurants, cafes, outdoor dining patios or courtyards, clubs, stores, arenas, taxis and buses; ceremonies, pageants, fairs, and other entertainment events open to the public.
  • In or upon any city park or playground, city sports facility, or city trail area.
  • Within twenty (20) feet of the entrance or exit of any commercial establishment open to the general public.
  • In common areas of multi-unit residential buildings, including halls, lobbies, outdoor eating areas, play and swimming areas.”

 

In addition to all those places where smoking is prohibited, smoking marijuana or marijuana products is additionally prohibited:

  • “In or upon all property owned, leased, or operated by the city, expressly including any public park, street, sidewalk, trail, bike path, alley, highway, parking lot or parking structure.
  • Within 1,000 feet of a school, day care center, or youth center while children are present at such a school, day care center, or youth center, except in or upon the grounds of a private residence if such smoking is not detectable by others on the grounds of such a school, day care center, or youth center while children are present;
  • In or upon the grounds of a school, day care center, or youth center while children are present.
  • While driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.”

 

Violations of the smoking ban are infractions. In response to questions about enforcement from Mayor Steve Martin and Councilman Jim Reed, Burton said when a complaint is received, or someone is observed smoking in prohibited spaces, the person will first be informed of the ordinance. Citations can be issued if there is no cooperation and someone continues to smoke or becomes belligerent.

Karle-addressing-council

County Health Agency Division Manager Karle supports the smoking ban ordinance.

During public comments on Feb. 8, Division Manager Kathleen Karle from the County of San Luis Obispo Health Agency spoke about the harmful effects of smoking and of second hand smoke. Karle said that in a recent survey of 300 Paso Robles residents, 86-percent believed smoking to be harmful and 61-percent believed e-cigarettes to be harmful. During comments, Karle offered $3,000 from her department budget to help the city pay for the signs that will be needed to pidentify the no smoking zones. The council amended the vote to include accepting Karle’s offer.

Four members of the Daniel E. Lewis Middle School Leadership Club also spoke to the council, expressing their concerns about the harmful effects of smoking and second-hand smoke.

Leadership-Club

Members of the Daniel E Lewis Middle School who addressed the city council with their support of the smoking ordinance. (Not in order) Sasha Baer, Jaiden Anguiano, Zoe Murphy, Hanna Chambers, and teacher Suzanne Hoier (second from left).

In a private interview, the club members and their teacher Suzanne Hoier said the club has been working on an anti-smoking campaign since March 2016. Hoier said the campaign was organized with the assistance of Health Education Specialist Jenelle Merzon from County of San Luis Obispo Health Agency. Merzon said the campaign at the middle school is part of the County Health Service Prevention and Outreach programs that are conducted throughout the county. “These girls just took the concept and ran with it,” said Merzon.

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About the author: Reporter Jackie Iddings

Jackie Iddings is a contributing reporter and photographer for the Paso Robles Daily News.