12. (a)Consider/DiscusslAction regarding an ordinance amending the City of Anna Code of Ordinances by amending Part II, Article XXXIII. Health and Sanitation. by adding Section 1, Smoking. (Philip Sanders)

      (b)Gonsider/Discuss/Action regarding an ordinance amending the City of Anna Code of Ordinances by amending Part II. Article XXXIII. Health and Sanitation, by adding Section 1. Smoking. (Philip Sanders) City Council Meeting tonight at the City Hall Annex 1930:

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AGENDA SUBJECT: Discussion of proposed Smoking Regulations.

SUMMARY: Several Council members have expressed interest in adopting an ordinance that would restrict smoking in locations to which the public has access. During the November 25 Council meeting, I presented for discussion a draft ordinance that would restrict smoking in most locations to which the public has access.

The Council conducted public hearings on January 27, 2009, February 10, 2009 and February 24,2009 at which the public was invited to express their views on the proposed smoking regulations. Based on the feed back we received over the past few months, we have drafted two alternatives smoking ordinances for Council to consider. Both Ordinances are patterned after the City of McKinney regulations adopted in September 2007. The McKinney Ordinance was modeled after the City of Plano Ordinance also approved in 2007.

Ordinance A establishes a general prohibition of smoking is most locations to which the public has access including outdoor public spaces such as parks. There are exceptions outlined in Section 1.02, including an exception for private clubs (country clubs and fraternal organizations) where a separate smoking area is provided that meets specific physical and operational requirements. Ordinance A would become effective in three months on June 10,2009.

Ordinance B is identical to Ordinance A except that it provides the option for a restaurant to create a separate smoking area which must meet specific physical and operational requirements. Ordinance B would also become effective on June 10, but would allow a restaurant that must make physical modifications to meet the requirements, a total of six months (until September 10, 2009) to complete the modifications after which it would be regulated by all the requirements in the ordinance.

STAFF RECOMMENDATION: In the absence of some other regulatory mandate (such as a State Law) it is likely that there will continue to be pressure from the public to adopt an ordinance that restricts smoking in public places. If the City of Anna intends to adopt such an ordinance, we recommend that it be enacted now in the current environment before the City experiences significant commercial development. I believe that future business prospects will respond favorably to an ordinance that reflects the general public sentiment about this issue.

now is the last chance to give input on the public's desire of a smoking ban.  

Then let me correct my statement.

The public's desire, or lack of, a smoking ban.

Personally, I think the ban in McKinney is kind of goofy.  But that's just me.  I'm sure it goes both ways.

My main point was be heard.  

So I guess if it's going to be banned it should be done before business come in