The Sunnyvale View > News
Lights out: Council bans smoking in all park spaces
By Zach Markovic, zmarkovic@starlocalnews.com
At an unusually light work load for a Sunnyvale Town Council Monday evening members of the council took another step in keeping the air clean in Sunnyvale.
With a split vote of 3-2 the council enacted an ordinance that bans smoking in all parks in the town. This includes all park property, which includes in vehicles in the parking lots for the parks.
The town also re-elected Karen Hill as mayor pro tem during the meeting. The council elected position is selected each year for a one year term.
After initially being suggested at the beginning of summer, the town has been researching what it would take to ban smoking in public places within the town. After tabling the decision to Monday’s council meeting the members decided that the first step would be to target smoking bans in parks first.
While all members agreed in a smoke ban on park properties, the question came down to whether residents would be allowed to smoke in their cars while parked in the parking lots of these public areas. Councilmember Ronnie Henderson and Mayor pro tem Karen Hill agreed that any ordinance they would approve should allow for residents to do so.
“Cars are people private property, I don’t see how we can regulate what people do in their vehicles,” Henderson said. “It is not against the law it is basically like them smoking at home. In their car, that is their private property, I just don’t see how we can tell them [not to smoke in their car], no matter how much we disagree with it. It is a legal act and how could they not do it in their car?”
Councilmember Paula Yates said with the parking lots situated so close to where the playgrounds are in the town parks, smoking from ones vehicle would almost be like sitting there next to the playground.
“My issue with the smoking in the car, I have never seen anyone smoking in their car with the windows rolled up,” Yates said. “They always have their windows rolled down so their smoke can get out to where our fresh air is.”
To the members that approved the ordinance it was a matter of protecting the health of all residents. Councilmember Jim Wade said the town has already taken steps to maintain certain standards within the town. He pointed out that even in regards to private property the town has passed ordinances to maintain that standard.
“These are public places and as such we have the responsibility of protecting the health and welfare of our citizens,” Wade said. “So therefore it might not be anymore of a private matter than it is of some of our other ordinances that require, certain signs, certain sized signs or certain trees be placed here. We have a right and responsibility to legislate action for those particular areas.”
Scott Campbell, town manager that there will not be an added police presence specifically looking for smokers in public areas. He said he expects most of the enforcement will be complaint driven, but at least the ordinance gives the town tools to deal with people smoking in the park areas now.
Two residents did speak during the public comment section in favor of the ordinance including in vehicles on park property. The council voted 3-2 in favor of the park smoking ban, with Henderson and Hill the two dissenting votes.
After the ordinance vote the council discussed reviewing banning smoking in public places like restaurants, bars and similar areas.
Concern for general law cities being able to make this decision, Campbell said after consulting various attorneys that this type of law would fall under healthy and safety rules and should be safe.
The council directed the town administration to develop a web based survey that residents could take to help guide the council on the decision.
“I don’t want to infringe on anymore rules than we have to,” Hill said. “However, I would support the findings of a survey, if we can execute one.
With a split vote of 3-2 the council enacted an ordinance that bans smoking in all parks in the town. This includes all park property, which includes in vehicles in the parking lots for the parks.
The town also re-elected Karen Hill as mayor pro tem during the meeting. The council elected position is selected each year for a one year term.
After initially being suggested at the beginning of summer, the town has been researching what it would take to ban smoking in public places within the town. After tabling the decision to Monday’s council meeting the members decided that the first step would be to target smoking bans in parks first.
While all members agreed in a smoke ban on park properties, the question came down to whether residents would be allowed to smoke in their cars while parked in the parking lots of these public areas. Councilmember Ronnie Henderson and Mayor pro tem Karen Hill agreed that any ordinance they would approve should allow for residents to do so.
“Cars are people private property, I don’t see how we can regulate what people do in their vehicles,” Henderson said. “It is not against the law it is basically like them smoking at home. In their car, that is their private property, I just don’t see how we can tell them [not to smoke in their car], no matter how much we disagree with it. It is a legal act and how could they not do it in their car?”
Councilmember Paula Yates said with the parking lots situated so close to where the playgrounds are in the town parks, smoking from ones vehicle would almost be like sitting there next to the playground.
“My issue with the smoking in the car, I have never seen anyone smoking in their car with the windows rolled up,” Yates said. “They always have their windows rolled down so their smoke can get out to where our fresh air is.”
To the members that approved the ordinance it was a matter of protecting the health of all residents. Councilmember Jim Wade said the town has already taken steps to maintain certain standards within the town. He pointed out that even in regards to private property the town has passed ordinances to maintain that standard.
“These are public places and as such we have the responsibility of protecting the health and welfare of our citizens,” Wade said. “So therefore it might not be anymore of a private matter than it is of some of our other ordinances that require, certain signs, certain sized signs or certain trees be placed here. We have a right and responsibility to legislate action for those particular areas.”
Scott Campbell, town manager that there will not be an added police presence specifically looking for smokers in public areas. He said he expects most of the enforcement will be complaint driven, but at least the ordinance gives the town tools to deal with people smoking in the park areas now.
Two residents did speak during the public comment section in favor of the ordinance including in vehicles on park property. The council voted 3-2 in favor of the park smoking ban, with Henderson and Hill the two dissenting votes.
After the ordinance vote the council discussed reviewing banning smoking in public places like restaurants, bars and similar areas.
Concern for general law cities being able to make this decision, Campbell said after consulting various attorneys that this type of law would fall under healthy and safety rules and should be safe.
The council directed the town administration to develop a web based survey that residents could take to help guide the council on the decision.
“I don’t want to infringe on anymore rules than we have to,” Hill said. “However, I would support the findings of a survey, if we can execute one.
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