By Howard Greninger, The Tribune-Star
In just over a year, smoking in all places of employment and public places in Vigo County will be prohibited under a county ordinance adopted Tuesday by the Vigo County Board of Commissioners.
The county clean indoor air ordinance takes effect July 1, 2007.
Existing restaurants that allow smoking indoors have until then to make a separate designated smoking room enclosed on all sides by continuous floor-to-ceiling walls, interrupted only by closeable doors. The bar area of a bar/restaurant also must be separately enclosed, also with floor-to-ceiling walls, interrupted only by closeable doors.
In addition, any new restaurant that permits smoking must have the floor-to-ceiling walls in a designated smoking room, plus be separately ventilated to the outside with negative air pressure.
Exceptions to the ordinance include bars as well as civic organizations, service clubs, fraternal or patriotic organizations or private membership organizations where admission is limited to members and members’ guests.
The ordinance prevents any amendments or addendums that would change the exemption for bars for five years after July 1, 2007.
Commissioners Judith Anderson and Bill Bryan voted for the ordinance. Health officials read a letter from absent Commissioner Paul Mason, who encouraged his fellow commissioners to approve the measure. Mason was unable to attend due to a family health issue and could not cast a proxy vote.
Last week, Mason said he thinks most restaurant owners will decide to go smokefree instead of paying to make a separate smoking room.
County Attorney Robert L. Wright said commissioners will make an immediate amendment to the ordinance to include cigar stores or stores that are only in business to sell tobacco. That measure had inadvertently been left out of the ordinance, Wright said.
Bryan suggested commissioners also must act soon to prohibit smoking on county property. Wright will review other smoking polices, including one from Union Hospital, and make a recommendation back to the board.
“I find it hard for us to pass something we can’t enforce on county property,” Bryan said.
Joni Foulkes, director of operations for the Vigo County Health Department, said the department will know by January how many restaurants are planning to install a separate smoking room.
That’s because the health department, responsible for enforcing the ordinance along with Terre Haute and county building inspectors, will ask if smoking rooms will be included as part of the annual renewal process for food permits.
“By January, we will have a better pulse on what restaurants are doing next year. This ordinance established a foundation that is moving Vigo County toward being a smokefree community,” Foulkes said.
Public places include, but are not limited to, retail stores, coffee shops, offices, private and public school cafeterias, restaurants, commercial establishments, auditoriums, arenas, common areas of hotels and motels and hospitals.
The ordinance carries penalties of a $100 fine for the first offense; $250 for a second offense; $500 for the third offense and subsequent violations.
In addition, people who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking material when asked, may be required to leave the premises “and shall be subject to prosecution for trespass if they do not leave when asked,” according to the ordinance.
Also, any person injured by a repeated or continued violation of the ordinance may bring a civil action against the owner or other person in charge of a public place to stop further violations, according to the ordinance.