Minutes 11-20-2012 - Laserfiche WebLink

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VOTE: UNANIMOUS Commissioner McKee said that since he was 15 years old until 2007 he grew tobacco. From 1972 to 1983 he was a heavy smoker. He said that this ordinance covers the towns. He asked the Attorney if the towns' ordinances are more or less restrictive. John Roberts said that this rule would not impact more stringently any town ordinances. If the town ordinance is less stringent, the Board of Health ordinance would take precedence. Commissioner McKee asked if discussions had been held with the municipalities to make sure that they are all in agreement. Colleen Bridger said that there was a public leaders' forum for elected officials to express concerns. The leaders in attendance were supportive and were mainly interested in the technicalities surrounding the implementation. She and the Chair of the Board of Health were invited to a meeting of the Town of Hillsborough where the elected officials officially voiced their concerns. The draft minutes from that meeting are in the packet. Commissioner Yuhasz said that at the elected officials meeting the Towns of Mebane, Carrboro, and Chapel Hill were represented, but not Hillsborough. Commissioner McKee made reference to the regulation of smoking on private property "where the public is invited." He asked John Roberts to explain "invited." He is concerned when this affects private property. John Roberts said that any privately owned commercial establishment where the public would have reason to go to conduct business by invitation or otherwise, that type of establishment would be covered under this. It would not cover private residence. Commissioner McKee asked about the condominiums and common areas. John Roberts said that condominium owners only own within the walls of the structure. The association still owns the common areas. Colleen Bridger concurred with John Roberts regarding the condominiums and that only common areas would be under this regulation. Regarding the businesses, it is only indoors and not outdoors. Commissioner McKee made reference to the fine of$25 for violators and said that there does not seem to be any consequences if the fine is not paid. John Roberts said that the statute says nothing more than the payment of the cash penalty. Chair Pelissier asked Colleen Bridger to talk about what was discussed in the elected officials meeting. Colleen Bridger said that she needed to clarify the office building issue. She said that the only area that would be covered under this rule would be the common areas in the office building. One of the significant things they wanted to get across is that this is about education and empowerment. They want to make sure that people understand where smoking is allowed and not allowed. Commissioner Gordon said that she is a strong supporter of smoke-free public places. Commissioner Yuhasz said that Commissioner McKee did list a wide range of places where this rule would apply and that is accurate and intentional. He said that there is a wide range of places where people have smoke imposed on them against their will. The purpose of this rule is to minimize those types of activities and to protect people who do not want to smoke or breathe other people's smoke. Chair Pelissier said that to her this is a no-brainer. ORD-2012-054