By Paul Minnis, The Republic Reporter
Last in a four-part series
Enforcement of Columbus’ new no-smoking ordinance will be the responsibility of business owners, employees and the city government when it becomes law today.
But smokers will make up the front line by deciding now whether to light up or to follow the rules.
Peggy Voelz, local Tobacco Awareness coordinator, said she thinks cooperation among smokers will be the standard, rendering talk of enforcement secondary.
Mayor Fred Armstrong said he thinks so, too, but he expects pockets of resistance initially from a few upset smokers and possibly some local business owners.
Debbie Kramer, who owns Kramer’s Kitchen on Seventh Street, and Larry Misner, who owns the Home Folks Family Restaurant on 25th Street, have said they will continue to allow smoking.
Kramer chose to defy the law because she does not agree with it. Misner, who also does not agree with it, said he thinks his restaurant is a private club, although his assertion has not been verified.
Private clubs and bars are exempt. The ordinance applies to most other public places and employee-only businesses, like factories.
Armstrong said enforcement procedures have teeth to punish noncompliance, but they never were perfect.
The enforcement ordinance states that owners, managers, operators and employees of affected establishments must make a reasonable effort to get people to stop smoking or to leave.
If those steps are not taken and someone complains to the mayor’s office, the complaint would be forwarded to the city personnel department for an in-person investigation within one or two days.
Establishments found to be in violation would be issued a citation/fine for $50 to be paid to the city. Armstrong said the smoker also could be given the fine.
He said violators can pay the fines every time they are issued, but if they contest and lose in court, they would have to pay the ticket plus the court costs.
Fines also could be issued if the city fire department finds violations during routine fire-code checks.
However, enforcement will be primarily complaint-based, meaning that by the time of the investigation, the violator will have gone and the situation long since passed.
City Attorney Tim Coriden said the investigation would be a fact-finding exercise pitting the witness’ word against the owners’ word.
“If you have a violator and you have a witness, you present the facts and say so-and-so did this,” he said.
He reiterated that the real reason for the ordinance was to help the city “create a smoke-free environment.”
“We would hope Columbus, like other cities, embraces it whether they agree with it or not,” he said.
Voelz and others with Tobacco Awareness Team have been distributing information packets since early this month to ensure affected places know what is expected of them.
Packets contain no-smoking, red emblem stickers, a tabletop announcement of the coming ordinance, tobacco cessation services, a question-and-answer brochure, and a brochure that gives the “30 great reasons to be smoke-free in Bartholomew County.”
Voelz said her group as of Thursday had passed out the packets at 49 restaurants and numerous grocery stores, car shops, bowling alleys, offices and elsewhere.
She said almost every place has been supportive.