Monday, June 9, 2014

Second and final reading of an ordinance that expands the smoking ban in the city


In an unexpected twist, the City Commission at a special meeting Tuesday approved the second and final reading of an ordinance that expands the smoking ban in the city.
The commission approved the final reading as it did the first reading last week at the commission’s regular meeting – on a 3-2 vote.
Commissioners Danny Castillo, Tudor Uhlhorn, and Victor Leal approved the new smoking ordinance while commissioners Mike Mezmar and Chino Sanchez voted against the ordinance. Mezmar’s understanding is that the extended ban goes into effect July 1.
The ordinance exempts fraternal organizations, private clubs, the Valley Race Park, retail tobacco and e-cigarette stores, outdoor seating at restaurants and bars and, “between the tee of the first hole and the green for the final hole” at golf courses.
Proponents have argued that smoking should be banned because it affects innocent bystanders with second-hand smoke. Opponents argue that it is not fair to exempt some or to dictate what people can and cannot do.
Although the ordinance excludes private clubs, the ban would apply when used for a function to which the general public is invited. However, “the exception to this exemption for events held in the facility to which the general public is invited shall not become effective until Jan. 1, 2016,” the ordinance states. The exemption for Valley Race Park would expire Jan. 1, 2016, although smoking would be allowed in the park’s outdoor area after that date.
The new ordinance also notes that one can smoke 10 feet outside entrances, windows and ventilation systems of enclosed spaces and in designated smoking areas.
The ordinance was included on the agenda of Tuesday’s special meeting that the commission said last week would be held to consider adopting a resolution nominating VHS Harlingen Hospital Company, LLC as a Texas Enterprise Project. The commission approved the resolution.

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