Memorandum

Memorandum

To:    Mike Wildgen, City Manager

From: David L. Corliss, Assistant City Manager and Toni Wheeler, Staff Attorney

Re:     Draft Ordinance Concerning Smoking In Public Places   

Date: April 14, 2004

Pursuant to the directions of Commissioner David Dunfield, attached please find a draft ordinance banning smoking in certain public places modeled after the ordinance adopted in El Paso, Texas.  The enclosed draft has been revised to include local statistics, definitions, and department names.  If adopted, this ordinance would replace the City’s existing smoking regulations.

A fiscal note on this ordinance has not been prepared.  Enforcement (inspection, prosecution, adjudication, etc.) and education (public announcements, etc.)  costs are the likely key City costs.   The current City ordinance generates approximately two inspections/complaints per year.  A more stringent ordinance may generate significantly more inquiries/complaints than the current law.  However, the City of Salina (partial smoking ban in restaurants until later evening hours) reports that enforcement of their new law has not been a significant resource issue.