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.