Nevada City council approves on 4-1 vote smoking ban with fines of up to $500

Photo by Bob Lickter Cigarette butts are also drawing the ire of the City Council.

Update: The Nevada City council has just approved a smoking ban on city property on a 4-1 vote. Councilor Barbara Coffman was the one to vote against the smoking ban. "I just feel what we're doing is forcing them to other areas," said Coffman, adding that the ordinance needed designated smoking areas to get her support. The smoking ban applies to all city property, but it doesn't extend to sidewalks and streets. Councilor Sally Harris said it is important that the city have a tough no-smoking ordinance. "We want to turn this into an ordinance with defined penalties that police can enforce," she said.

This story was posted before the City Council meeting

The Nevada City council will likely approve a smoking ban tonight with fines as high as $500 if you are caught taking a drag on city property or flicking a cigarette butt.

 At today’s meeting that begins at 7 p.m., the council will be asked to ban smoking on all city property, including Robinson Plaza, Calanan Park, Pioneer Park, picnic areas, trails, sports fields, City Hall and all areas adjacent to city property.

 City Councilors Reinette Senum, Sally Harris, David McKay and Robert Bergman all have expressed support for an ordinance that would include fines. Councilor Barbara Coffman questioned whether a ban would really snuff out smoking and the wisdom of criminalizing smokers.

The ordinance calls for a $100 fine for the first violation, a $200 fine for the second violation and a $500 fine for subsequent violations that occur within one year of the initial violation.

 The ordinance also has a "non-retaliation" clause, which protects employees and others "who seek to attain compliance with this chapter" or "exercise any rights afforded by the chapter."

If the council votes on the ban tonight, it will vote on the first reading to amend and to add a chapter to the "Municipal Code Prohibiting Smoking in Outdoor Public Places." If the first reading get the Council's approval, it will vote a second time on the ordinance at its next meeting on Jan. 27. The vote on the second reading is usually a formality.

 Council meetings are held at City Hall at 317 Broad Street. They are also televised lived to Comcast customers on NCTV's Channel 17.

The council will also consider:

Entering into a funding agreement for the Hirschman Trail project. According to the city, Nevada County has agreed to contribute $21,630 toward the building of 3- to 6-foot wide trails that are approximately 2 miles long on city property and on open parcels in the Indian Trails subdivision. The city would spend around $5,000 on the project if it is completed successfully. The entire project is expected to cost $195,360. (This has now been approved.)

Reducing the city's contribution to the PERS fund for city employees who are hired after July 1, 2008, and mandating employees minimum contribution to their retirement funds (5%).

Will hold a public hearing to discuss applications for Community Development Block Grants, which includes seeking project ideas for the funds.