March 28, 2024
Local News

DeKalb environmental commission asked to consider city smoking ordinance changes

Environmental commission asked to consider changes in DeKalb

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DeKALB – City Council members had mixed opinions during Monday’s meeting on modifying the city ordinance prohibiting outdoor smoking, but reached a consensus for the Citizens’ Environmental Commission to consider changes.

The discussion was at the request of 1st Ward Alderman David Jacobson and 6th Ward Alderman Mike Verbic.

Jacobson said he had conversations with some local business owners in his and Verbic’s districts who expressed frustration with the current ordinance.

Current city code prohibits smoking in public places, including outdoor patios, as established on the recommendation of the Citizens’ Environmental Commission.

Before the ordinance was passed in 2014, smoking was prohibited only inside places of employment but not at outdoor patios.

At the time, there was some speculation that the changes would have an adverse effect on bar and restaurant operations in the city, but no decline in revenue at these establishment has been found since, according to city documents.

Although the numbers suggest there has been no negative financial effect from the ordinance, Jacobson said the bar owners’ perspective is that it has drastically hurt their business and may be why there are significantly fewer bars in DeKalb since 2014.

He added that bars such as Fatty’s and Molly’s have had to increase staff to ensure the ordinance is observed and enforced, so there have been economic effects.

Second Ward Alderman Bill Finucane was skeptical of these claims and said he would rather leave the ordinance unaltered.

“I’m happy to leave [the ordinance] as is because I don’t see a way of expanding it,” Finucane said.

Under state law, it is illegal to smoke in a place of employment, or within 15 feet of any entrance or exit, openable window or ventilation intake.

Certain exemptions are made for existing or new and freestanding tobacco shops. The Illinois Department of Public Health regulations, however, state that a violation still can occur if the smoker is more than 15 feet away, if the smoke is shown to drift into a place of employment.

Community Development Director Jo Ellen Charlton said the language regarding drifting is subjective and could be utilized by people that were well beyond the 15-foot boundary.

DeKalb Mayor Jerry Smith asked city staff if the ordinance were changed to allow bars and restaurants to allow smoking on outdoor patios, could the business owner still prohibit smoking in the crowds? City Attorney Dean Frieders said that was within the owner’s rights.

Other council members voiced concerns on what could be done about the ordinance.

Seventh Ward Alderman Tony Faivre said that although he is not against smoking, he thinks the times have changed to a point where it’s almost anticipated and accepted that most places will be nonsmoking. It will, therefore, make if difficult to try to change the ordinance today, he said.

Third Ward Alderman Michael Marquardt said he is more in favor of a smoke-free environment, but was in debate between the personal preference of the business owner and what can be done from an enforcement perspective.

Fourth Ward Alderman Patrick Fagan said that he would be willing to hear more conversation on the matter.

“It’s so hard to say what’s right and what’s wrong out of the situation,” he said.

Attendance did not reach double digits for the meeting, and no one provided public comment.

The ordinance will now be brought before the Citizens’ Environmental Commission, who will make a recommendation to the council at an upcoming meeting.

Smith said the Economic Development Commission also will review the ordinance to evaluate the nonenvironmental effects.