Parks Director Justin Huss addressed Eureka Springs City Council Monday evening about a No Smoking policy being proposed for city parks. He passed around No Smoking policies from nearby cities, all different, for council to peruse, saying Eureka Springs passed a resolution banning smoking in Basin Park, but there is no ordinance to back it up, so there is no penalty. His handout included a rough draft of an ordinance.
Huss urged council to acknowledge that Lake Leatherwood is a city park, and a camper at a site with no one nearby would be violating a city ordinance by lighting up a cigarette if council imposed a blanket ban on smoking in all city parks. He said he preferred education and appropriate signage at LLCP to address smoking in the campsites.
Alderman Mickey Schneider commented, “Eureka Springs is a tourist town, and there are certain things everyone must put up with.” She maintained it is not illegal to smoke.
“Every reason to ban it in Basin Park is the same reason to ban it at the Lake Leatherwood campsites,” declared alderman James DeVito. He insisted the city should not send a mixed message – it is okay here but not over there? Harrison banned smoking in all city parks, he said, but Eureka Springs is the leader in the state. “We can ban cigarettes,” he stated. He added that besides the litter of butts, there is a danger of a wildfire starting at a campsite. “Profit is not a good reason to allow harmful behavior.”
“We do not have the right to tell people they can’t smoke. It’s their right,” Schneider declared.
DeVito said he would like for Huss to bring council a more specific ordinance, and said he had no problem banning tobacco from all parks.
Alderman Kristi Kendrick stated, “I have no problem banning everything [tobacco-related].”
“Cigarettes are not illegal,” Schneider maintained, “whether you like it or not.”
Mayor pro tem David Mitchell asked Huss to update his draft ordinance to stipulate using tobacco products would not be allowed on property over which Parks has jurisdiction.
Vacate or not
Huss then asked council to consider a moratorium on vacating green spaces. He urged the city to reassess its goals and procedures regarding giving away undeveloped spots around town.
Alderman Terry McClung stated firmly the city should not relinquish its ability to let go of land not useful for Parks or the city. He held it was a citizen’s right to petition for a vacation although he agreed the process sometimes is too time-consuming.
Other items
- Mitchell read a proclamation signed by Mayor Butch Berry stating Sept. 5-11 to be National Patriotism Week.
- Council voted to approve Resolution #679 which amended a previous resolution to state that instead of three city vehicles, only the ESFD 1982 Hendrickson Telesquirt ladder truck will be sold in the auction. The other vehicles are being retained for further use.
- Council quickly approved Resolution # 688 “in support of Fayetteville, Arkansas’s efforts to ensure individual civil rights.”
- Council approved the first two readings of Ordinance #2246 which will allow vacation of a green space called Hickory Street which is surrounded by property owned by Jim Girkin in exchange for relinquishing ownership of two small parcels on one end of the area in discussion to the Parks Department for its urban trails plan.
- Kendrick asked to place on the next agenda the rescinding of Ordinance 1628 which would allow the city to take back jurisdiction of all green spaces from Parks.
Next meeting will be Monday, Sept. 12, at 6 p.m.