People Ban: KS Newton

By Jonathan On Jul 5, 2017

Newton Update

Smoking Ban Unanimously Passed in Newton
Nov 14, 2007
The Newton City Commission approved a clean air ordinance which will effectively ban smoking in public places. The unanimous vote was met with opposition from business owners who say they will be hurt by the new law.
Beginning January 1st, 2008, smoking in enclosed public places or within 20 feet of their entrance will be prohibited. The original ordinance allowed for hotels and motels to designate 25% of their rooms for smoking, but the commissioners decided to make them completely smoke-free before voting.
Newton Schools spoke at the meeting in support of the ordinance saying it is consistent with their drug-free initiatives.
A first-time violation will be a $100 fine.

City reviews smoking ban ordinance

October 10, 2007
By Crystal Hoffman

A clear-air ordinance in Newton still is a possibility.
Newton city commissioners are taking two weeks to digest the information presented and take into account resident response to the ordinance that would prohibit smoking in public places and places of employment.

A draft ordinance put together by Newton city attorney Bob Myers used the Lawrence ordinance as a base for the Harvey County Council of Governments to review. The organization recommended each city to review and pass a clean air ordinance using this draft as a base to start from.

Myers included much of the same information that can be found in the Lawrence ordinance but made the document as a guide for local governments to see the options they have for implementing clean-air regulations.

Inside areas Myers included in the ordinance include many places that already are non-smoking: retail stores, professional offices, theaters, health-care facilities, child-care and day-care facilities and educational facilities.

Other places smoking would not be permitted in the model ordinance for consideration include areas near public entrances and exits, outdoor restaurant and bar patio areas, outdoor bleacher and concession areas, and outdoor vendor areas.

The entrances and exits exclusion would include a radius around doors. An example given was that people couldn’t smoke within 20 feet of the building’s outside doors.

After Myers explained the ordinance, the commission heard from supporters and those against the ordinance that could ban smoking in all public places within the city limits.

Health officials, like Rita Flickinger, Harvey County Health Department director, and Dr. Michael Bates, obstetrician/gynecologist, stood before the commission to support the clean air ordinance because they said it promotes healthier lifestyles.

Marge Roberson, chairwoman of the Harvey County Council of Governments and Harvey County Commission member, wanted the commission to look at the ordinance from the viewpoint of the employees working in environments that allow smoking.

“There are a lot of women, in their 50s, that find themselves, for one reason or another, on their own and in need of supporting themselves,” she said. “They don’t have many choices if they don’t have a good education on where they can work. So they gravitate toward the kind of jobs that are more labor intensive with different hours. So, many of them go to work in a restaurant, bar or other place of employment that allows smoking. They really don’t have the option of saying ‘I’m not going to work in you establishment because I want to be healthy.’”

On the other side, was the business owners and other concerned residents, who are opposed to banning smoking in all public places.

Charles Lamb, owner of CJ’s Pancake House, and Kerry Newell, owner of Newell’s Truck Plaza, both approached the commission with concerns about the economic impact to their businesses if the clean air ordinance is passed.

“All my customers have a choice,” Lamb said. “They know CJ’s allows smoking. I don’t have a lot of customers because of that. I have customers who have never smoked in their lives, but they come in because they like the food and service… People who don’t like the smoke have plenty of options to go to.”

Lamb also presented the commission with signatures of individuals who are opposed to the ordinance banning smoking in public places, especially restaurants.

“(The ordinance) will have an economic impact on me and my business and the city,” Newell said. “When Salina did this, I talked with the Bosselman family, and I was told it reduced revenue in (the Salina) restaurant by 25 percent. That’s a big impact on me and a lot of sales tax for the city.”

The clean air ordinance wasn’t the only topic that brought discussion from the commission members Tuesday evening.

Group urges cities to ban smoking
September 20, 2007
Crystal Hoffman
Instead of trying to get a countywide ban on smoking adopted, the Harvey County Council of Governments on Wednesday voted to recommend that cities in the county pass clean air ordinances.
The group is recommending the cities use a proposed smoking ban ordinance drafted by the city of Newton.
The drafted ordinance would prohibit smoking at most public facilities and places of employment.
After initial discussion about how to go about getting a countywide clean air act through the council of governments, Newton City Administrator Jim Heinicke suggested the group leave it up to each city government to decide if they want to participate in the process.
“Secondhand smoke in all those communities (that have already passed ordinances) is reduced measurably,” said John Waltner, mayor of Hesston. “Over time, the problems associated with secondhand smoke are also reduced, and that’s the big picture we’re trying to look at here — better health for the residents of Harvey County.”
The draft ordinance put together by Newton city attorney Bob Myers used the Lawrence ordinance as a base.
Myers included much of the same information, but made the document as a guide for local governments to see the options they have for implementing clean air regulations.
He said he wasn’t trying to push people to use all the information in it but wanted government officials to have an abundance of information.
The purpose of the model ordinance, as stated in the proposed ordinance, is to improve and protect the public’s health by eliminating smoking and by reducing exposure to secondhand smoke in designated public places and places of employment, to guarantee the right of the public to breathe air free of secondhand smoke.
Inside areas Myers included in the ordinance include many places that already are non-smoking: retail stores, professional offices, theaters, health-care facilities, child-care and daycare facilities and educational facilities.
The ordinance will affect local businesses that are locally owned and are not mandated by large corporate structures such as truck stops, restaurants and bars.
Other exclusions put in the model ordinance for consideration include areas near public entrances and exits, outdoor restaurant and bar patio areas, outdoor bleacher and concession areas, and outdoor vendor areas.
The entrances and exits exclusion would include a radius around the doors. An example given was that people couldn’t smoke within 20 feet the building’s outside doors.
Exclusions to the clean air ordinance given as examples from other cities include private residences, private clubs and fraternal orders, licensed liquor and cereal malt beverage retailers (restaurants not included here), smoke shops, hotels and motels with smoking room allowances, private functions and stage productions.
John Torline, North Newton city administrator, expressed concern about the ability to enforce a clean air ordinance.
Waltner said the ordinance was enforceable if the municipalities wanted to do it. He said it won’t be a simple project and there likely will be opposition, but through education and communication of the public, passing and enforcing a clean air ordinance could be done.
?