Once again, department heads are ‘playing god’ and proposing ordinances without the input of the city’s legislative branch, the city council. Instead they put together some pretty presentations and try to push it through.
Presentation Doc:Â smoking-pres
Ordinance Doc:Â smoking-ord
I’m kind of on the fence on this one. While I supported the smoking ban in bars due to the health of workers, I question making a ‘legal product’ OUTSIDE in public spaces illegal or even enforceable. No question smoking kills more people in America then anything. I have often wondered then ‘Why not just make tobacco products illegal all together?’ instead of piddling with more laws limiting a legal product.
While we will hear several arguments about not being allowed to smoke outside the EC and in public parks, the big kicker will be at downtown patios. Businesses currently buy a special permit to have those patios, it is city property (public property). From what I can tell two downtown business owners allow smoking on their patios, Stogeez and Lucky’s. While Lucky’s doesn’t have a special state permit to allow smoking inside their establishment, Stogeez does. But will they be allowed to use that special permit to allow smoking on their patio that is city owned public property?
City Property. All property owned, leased, or operated by the city, including but not limited to all city parks; city golf courses; city buildings; any ticket, boarding, and waiting areas of any public transit depots; public parking strip; and any public sidewalks abutting any city property.
Section 3. That the Code of Ordinances of Sioux Falls, SD, are hereby amended by adding a section to be numbered 92.211 to read:
§ 92.211 Prohibited Conduct.
That the use of tobacco products and electronic smoking devices is hereby prohibited on any city property.
I’m sure we will be hearing from Stogeez owner, Tim Kant on this one.
I am on the 13th hole of Elmwood.Wind is blowing 20-25 miles per hour. I light up a cig. Those golfers 300 yards away from me are in no danger from my smoke. But their slow play is playing havoc on my blood pressure. Are these same city leaders going to do something to help me?
Tobacco is more dangerous than marijuana. I believe either is and should be a personal liberty. Legal restrictions should be limited to health or fire danger. Outside or in ones home is and should remain unrestricted. Cigar bars should be outside or private clubs with a special fire sprinkler system. The best way to curb smoking is triple sales tax. Lawyer language can be contested and subject to frequent amendments. There’s constitutional arguments. You can blow your brains out but can’t smoke anywhere. Huh! For some, babies (future taxpayers) become obsolete because you can’t smoke after sex. What will we import from Cuba if not cigars.
I thought some more on this. This is but another attempt to milk the public for citation revenue. The city has excessive debt and financial difficulty. They can’t build a new admin building without FUTURE sales tax commitment. There were many driving while texting tickets issued this weekend. They’re impossible to prove and should be contested. You were dialing a phone number, not texting.
At every opportunity the city is picking your pocket. Their charter is proven unconstitutional. They can’t be trusted. I go out of my way to not pay sales tax buying from the Internet or Minnesota.
Don’t pay any fine. It’s an admission of guilt. You’re denied appeals. The city denies you your day in court by proclaiming they are the highest authority (SF Ord. 107). They’ll file small claims. It’s voluntary. State you want your case heard in circuit court. They’ll not file because the case is dismissed. They can’t sue you and you can’t sue them.
Our businessman mayor is not a businessman. Enforcing these irritations is not possible. It’s foolish to issue citations because it’s a waste of police resources.
If you feel guilty, make your check payable to ‘The Banquet’. They help the population. The city does not.
Tobacco use is dangerous. But then again, so is alcohol.
Almost 2.5 million people die each year from harmful use of alcohol worldwide, the World Health Organization (WHO) reports. Family and friends exposed to alcohol use is also very harmful. To reduce harmful alcohol use, WHO recommends a number of measures including increasing excise taxes on alcoholic beverages, regulating availability of alcoholic beverages (including minimum legal purchase age), restricting exposure to marketing of alcoholic beverages through marketing regulations or comprehensive advertising bans, and treatment of alcohol use disorders and brief interventions for hazardous and harmful drinking.
So what does SF do about this problem? Well of course, they use the siding settlement money and buy coolers for the denny to make sure those $9 beers are at 45 degrees instead of 55 degrees. Go figure.