Divided council approves outdoor smoking ban

There was applause and jubilation Monday night after the Orland City Council finally passed an outdoor smoking ban in public places.

The 3-2 vote ends months of discussion and changes to the ordinance that prohibits smoking within 20 feet of primary business entryways and bans it near playgrounds, picnic areas and outdoor cafes.

Vice Mayor Charles Gee and Councilman Dennis Hoffman voted against the ordinance, reiterating concerns about its enforcement and impacts on individual rights.

But Councilman Jim Paschall went with Mayor Wade Elliott and Councilman Bruce Roundy in voting for it.

He still believes the ban will be difficult to enforce, but said it is an issue cities and counties throughout the state are dealing with everywhere.

“Secondhand smoke is bad,” Paschall said. “It is something we have to do. If it can save one person’s life, we ought to go through with it.”

Orland High School students involved with Students Working Against Tobacco (SWAT) brought the issue to the council in October.

From there, the council continually revised the proposed ordinance following complaints from business owners and smokers until it came up with one the majority could support.

Fines were reduced to $25, business owners were assured they would not have to police their sidewalks, and designated smoking areas are planned for public parks.

Elliott complimented the students for being good citizens and working through the governmental process.

“You have heard plenty of opinions on both sides,” he said. “I hope you recognize the importance of this decision of us five.”

SWAT member Dinesh Khalasi said the group will provide businesses with no smoking signs and to clean up the parks of cigarette butts and debris, along with educating the community about the policy.

The mayor added he wanted to make sure the ordinance “did not over-reach” while still protecting the public’s health in public areas.

At the same time, the issue still seemed to pit some smokers against those who don’t smoke - despite council comments most smokers are courteous.

Glenn County Supervisor Dwight Foltz, also an Orland resident, complained language in the ordinance was ambiguous.

He was concerned people with grudges might complain about smoking in the backyard of his home, he said, because it is in a commercial zone.

However, City Attorney Greg Einhorn said the ordinance does not regulate the yards of private homes - only businesses and facilities open to the public.

Smoker Helen Duree said she doubted secondhand smoke is harmful to other people since there are a number of other pollutants in the air from barbecue grills, wood stoves and exhausts.

But smokers are in the minority these days, so it is easier to pick on them than people who grill food, she said.

Her comments did not sit well with Byron Denton, a supporter of the ordinance.

“I don’t think we are trampling on anyone’s rights,” Denton said. “Smokers are not a minority.”

He also does not believe the police will enforce it and smokers have a place to smoke in the park, so it is blown out of proportion, Denton said.