Updated: Lewisville Citizens Petitioning for Anti-Smoking Ordinance

Gilmore states that the period for gathering signatures is 180 days. I read the charter as allowing 45 days worth of signatures. The language is a bit ambiguous in that the section on referendums refers to the section on recall of officers for some of the detail about signature gathering. It's clear that recall efforts only allow 45 days, but it's not so clear to me about referendum petitions.

We've asked the City Secretary for more clarification.

This is from the Smoke Free Lewisville website. Their copy is the official one, but I'm reposting here for convenience:

REGULATION OF SMOKING IN PUBLIC PLACES


Sec. 1-1. Definitions.

Place of employment means any enclosed indoor area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility.

Public building or place means any building, place and/or enclosed indoor area to which the public is invited or in which the public is permitted or that serves as a workplace other than a building or structure for which the primary use is that of a private residence.

Smoke, smokes or smoking means:

(1) Carrying or holding a lighted pipe, cigar, cigarette, weed, plant or combustible material in any manner or in any form or of any kind or any other lighted smoking equipment or device;

(2) A lighted pipe, cigar, cigarette, weed, plant or combustible material in any manner or in any form or of any kind or any other smoking equipment or device; or

(3) Inhaling, emitting or exhaling the smoke of a pipe, cigar, cigarette, weed, plant or combustible material in any manner or in any form or of any kind or any other smoking equipment or device.


Sec. 1-2. Places where smoking is prohibited.

(a) Smoking shall be prohibited in all public places and enclosed places of employment within the town, including, but not limited to, the following places:

(1) Within any places of employment and/or within any enclosed area available to and customarily used by the general public in all businesses or to which the public is invited or in which the public is permitted, including but not limited to retail stores, offices, banks, food establishments, bars, restaurants, warehouses, manufacturing facilities, hospitals, and medical facilities;

(2) In or within 25 feet of any door, operable window/vent or other opening to a public building, place of employment or place where smoking is prohibited;

(3) In public parks, including but not limited to public recreation fields, pools, playgrounds, concession stands, restrooms, trails and any seating or observation areas abutting and immediately adjacent thereto;

(4) Hotels and motels, except as provided for in section 1-3, below.


Sec. 1-3. Places where smoking is not prohibited.

(a) The following areas shall not be subject to the smoking restrictions of this article:

(1) Private residences, including porch and yard areas, except when the residence is used as a child care, adult day care, or health care facility;

(2) Personal automobiles;

(3) Outdoor places of employment, except as prohibited in section 1-2, above;

(4) Parking lots within public parks, except within 25 feet of any recreation field or other protected area identified in subsection 1-2(a)(3), or any door, operable window/vent or other opening to a public building, place of employment or place where smoking is prohibited;

(5) Public sidewalks, except within 25 feet of any door, operable window/vent or other opening to a public building, place of employment or place where smoking is prohibited;

(6) Hotel or motel. Not more than ten percent of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.


Sec. 1-4. Posting of signs.

(a) The owner, manager or other person having control of any public building or place, place of employment, or premise where smoking is prohibited by this article shall have a conspicuously posted sign clearly stating "No Smoking" at each entrance, whether for the public, employees or deliveries, and at all restroom entrances.

(b) Such "No Smoking" signs shall have bold lettering of not less than one inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it).

(c) Any owner, manager, or other person having control of any establishment regulated by this article shall be responsible for posting appropriate signage in accordance with paragraphs in this subsections (a) and (b) of this section.


Sec. 1-5. Enforcement.

(a) The provisions of this article shall be enforced by the city manager or his/her designee. Notwithstanding any provisions contained in this article to the contrary, the city manager or designee is hereby granted the authority to issue citations to persons violating any provision of this article.

(b) It shall be the duty of the owner, manager, operator or person-in-charge of any public building or place, place of employment, premise or establishment regulated by this article to:

(1) Post signs in accordance with section 1-4 of this article;

(2) Not provide ashtrays, matches, lighters or other smoking related paraphernalia in a public building or place, place of employment, premise or establishment where smoking is prohibited;

(3) Advise a person who is smoking in violation of this article that smoking is not allowed; and

(4) Request a person remove themselves from this location after that person has been advised that smoking is not allowed and that person willfully continues to smoke.


Sec. 1-6. Penalties.

(a) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.

(b) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public building or place, place of employment, premise or establishment subject to regulation under this article to fail to comply with the provisions of this article.

(c) Any person who violates any provision of this article shall be guilty of a misdemeanor infraction, punishable by a fine not to exceed $500.00. Each day a violation is permitted to exist shall constitute a separate offense.

John Gorena last updated his blog on the subject of an anti-smoking ordinance back in 2008. He has just confirmed with us that his opinion has not changed.

His thoughts summed up:
- He would be okay with a statewide ban.
- He doesn't believe the City Council should ban it in Lewisville because it could drive business away from local entrepreneurs who purposely allow smoking in their establishments.
- It costs money to add this to the ballot.
- The market should decide with its dollars to reward businesses that have a smoking policy the people like.
- Businesses that allow smoking SHOULD be required to post a large sign visible from the street.
- He does think that if the issue was put on the ballot, it would pass.

Mace Meier calls our City Council spineless for not initiating a smoking ban. Boo hoo. I was under the impression we were trying to get away from big brother government. He seems to want more government control.

In order for Mr. Meier to go home smelling like an ash tray from a smoking bar, he must have been there longer than for one drink. So now we got a guy who wants to ban nicotine but doesn’t have a problem with alcohol. Then he hops into his car and drives home after drinking his depressant alcohol. Maybe Mr. Meir needs to check into rehab. The last time I looked, there were no DWS laws on the books, driving while smoking!

Councilman Thornhill responded tonight with his thoughts on the issue:

Concerning the smoking concerns we have in Lewisville, let me expound somewhat on my position.

Sometime back, this issue came up before the City Council as a non-binding referendum. I was not favorable to that position as I thought it should have been a binding referendum. Thus my vote to deny the un-binding referendum. My only position on Council has been two-fold. One is to represent the Citizens of Lewisville and their concerns, and Two, do what is best to make our City the best it can be. There has really been no other agenda. If in May the people of Lewisville want their City to move in their majority of votes to ban smoking in public places, then I will support them. I think Council wants to do what is best for everyone on both sides of the issue.

Sincerely, David Thornhill