A proposed Ferrysburg ordinance that would have banned smoking in most public places and enclosed work sites was extinguished Monday by a city council reluctant to regulate the habits of smokers.
Voting 3-3, a motion introduced by Mayor Pro Tem Larry Mulvihill to impose a smoking ban in most areas used by the general public failed because of the tie vote.
Joining Mulvihill in support of the motion were councilmen Dan Ruiter and John Stafford. Mayor Ray Tejchma and councilmen Timothy Scarpino and Tom Spoelman voted no. Councilman Jeffrey Stille, who two weeks ago voiced conditional and guarded support of the measure, was absent.
Sensing a potential tie vote, Mulvihill unsuccessfully moved to table the motion until all seven council members could be present, but his motion was defeated by the same tie vote.
After the meeting, Mulvihill said he most likely would not pursue the issue, even when seven council members are present.
Instead, he said he would be working with Ottawa County Health officials to draw up a similar smoking ban for the entire county.
“It looks like I’ll be working more with the county in the future,” he said.
Two weeks ago, Mulvihill’s proposed ordinance appeared in trouble when seven business owners were united in their opposition to what they labeled as an intrusion by the city government and an infringement of individual rights. Tejchma and Scarpino also publicly expressed opposition.
The ordinance called for banning smoking in public or private work sites and public places within city limits. It would have affected all enclosed work site areas, rest rooms, lobbies and reception areas, retail stores, galleries, libraries and museums, convention halls, public and private meeting facilities, common areas in hotels, office and apartment buildings and school buildings.
The ordinance would have required every employer having an enclosed place of employment in the city to adopt a written smoking policy and forbid smoking in all enclosed work areas.
The ordinance would not have applied to food-service establishments, most private residences, tobacco specialty stores, a company motor vehicle occupied by one employee, or a properly ventilated and segregating smoking area in an enclosed area.
Fines would have ranged from $100 to $500 for a repeat offense.
Mulvihill said he favored the ordinance because second-hand smoke is an infringement on the rights of nonsmokers and a health danger. Citing noise ordinances, drinking laws and motorcycle helmet laws, Mulvihill said there are plenty of examples of government stepping in to protect the general public.
“This merely is trying to segregate the smokers in public places.” he said. “They still can smoke in the work places if they go outside, or the employer can provide a sheltered or ventilated area for that smoke. This ordinance is to assist in the prevention of people being affected by second-hand smoke.
Ruiter and Stafford agreed, but Stafford suggested the motion be watered down so it applied only to city-owned property and let the private property owners deal with second-hand smoke on their own. His motion to strike private property references died for a lack of a second.
But opponents of the plan said they were uncomfortable with expanding the role of city government.
“I don’t think it’s the government’s position to administer more laws,” Tejchma said. “I think citizens are smart enough to figure out for themselves what is healthy and what isn’t healthy. I don’t think we need more regulations on the book.”
Scarpino said passing the ordinance would set Ferrysburg apart from surrounding communities and risk driving businesses out of the city. He also questioned how the ordinance could be enforced.
“I’m just worried this community and this council is setting itself up to be the health police,” he said. “I don’t think the city of Ferrysburg is ready to do that or has the capacity to do that.”
Spoelman said the ordinance would cast the city in the role of “Big Brother” or “George Orwell.
Originally written By Terry Judd
