Council approves amended smoking ban

The clock is ticking for smokers who enjoy lighting up in public places. On Tuesday night the Hannibal City Council gave first reading to the “no smoking” ordinance, but only after amending it following a debate on parliamentary procedure. While some in attendance might have been hoping some sort of option would be given to establishments with a large percentage of smokers, the amended version only removed two paragraphs that essentially explained that the dangers of secondhand smoke were based on scientific studies.

Mayor Pro Tem Kevin Knickerbocker contended that striking the two sections made the ordinance more in line with the “will of the people,” who approved the ban on April 3. Councilman Dr. Richard Draper, who initially brought the legislation to the council level, objected to striking the two sections. He contended they helped establish “legal protection.” Draper said that without them “loopholes” would be opened. Joining Knickerbocker in voting in favor of the amended version of the bill were Councilmen Mike Dobson, Kevin Lionberger and Barry Louderman. Draper, Mayor Roy Hark and Councilman James Hark opposed the amendment.

The new standards will take effect on July 1. Under the ordinance, smoking will be prohibited in all enclosed public places, enclosed facilities within places of employment, enclosed residential care facilities, and outdoor places within 3 feet of outside entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited. Before the measure was approved the council discussed the enforcement aspect. Knickerbocker supported citing the “person in charge.” Draper felt that owners, even if they are not present, should shoulder some responsibility.

 City Attorney James Lemon admitted it will be a “pain” to prosecute businesses where smoking violations occur. He added it will be a “huge problem” if a corporate official must be brought to court for a violation in a company-owned establishment. While Lemon stressed he will follow the statutes approved by the council, he added that from a “practical standpoint” going after absentee business owners will be a challenge. According to the ordinance, a “person who owns, manages, operates or otherwise controls a public place or place of employment” that fails to comply will face a fine of not more than $100 for a first offense.

The fine goes to not more than $200 for a second offense within a year. The maximum fine for each additional violation within one year is $500. In addition to fines, a business’ permit or license could also be suspended.