Alderman Mickey Schneider stated Monday that the ordinance before city council regarding no smoking in Basin Park was a response to the attempt to ban smoking in all the parks that got bogged down in the process. She considered this ordinance, which focuses strictly on Basin Park, as “baby steps” in restarting the process.
Alderman Kristi Kendrick quickly observed, “I don’t believe in baby steps,” and listed a dozen reasons the proposed ordinance did not address the bigger issue in the city such as playgrounds and other places where people gather. Schneider replied, “Don’t segue into other stuff,” and insisted Basin Park was the only thing on the table.
Alderman David Mitchell reminded council how much time they spent last year deliberating in meetings and workshops, and the ordinance that came out of it was voted down. He said he was “not in favor of an isolated, baby-step process.”
Schneider, defending the proposed ordinance, said it was what people want, and something is better than nothing.
Alderman Terry McClung moved to assign the ordinance a number and put it on its first reading. The vote was 3-3, Kendrick, Mitchell and alderman Bob Thomas voting No. Mayor Butch Berry then voted Yes, which meant the motion passed, so City Clerk/Treasurer Ann Armstrong read proposed Ord. 2257.
Once the ordinance was read, Schneider asked City Attorney Tim Weaver why the document could not be written in much simpler terms, and he explained the more specific the ordinance is, the better for enforcement, as the ordinance is what a judge would use to make a decision.
After McClung moved to approve the first reading and got a second, Kendrick said she wanted to amend the ordinance and expand the no smoking ban to not only Basin Park but to all playgrounds owned by the city, the skate park, the dog park, the Lake Leatherwood ballfields, concession and swimming areas at Lake Leatherwood, and the springs and spring reservoirs.
Schneider then asked Weaver if it were appropriate to take items from the previously failed ordinance and add them to the new one. Weaver replied the new ordinance is significantly different from a legal standpoint, so the amendments were fine.
McClung then moved to remove language relating to spit and smokeless tobacco, and vote was unanimous to approve.
Other amendments concerning specific phrases and intent were introduced, discussed amiably and approved unanimously. The first reading as amended was also approved.