Belmont to be first U.S. city to ban all smoking

smdailyjournal.com ^

[frankiep]

Belmont to be first U.S. city to ban all smoking By Dana Yates, Daily Journal Staff

Belmont is set to make history by becoming the first city in the nation to ban smoking on its streets and almost everywhere else. The Belmont City Council voted unanimously last night to pursue a strict law that will prohibit smoking anywhere in the city except for single-family detached residences. Smoking on the street, in a park and even in one’s car will become illegal and police would have the option of handing out tickets if they catch someone.

The actual language of the law still needs to be drafted and will likely come back to the council either in December or early next year.

“We have a tremendous opportunity here. We need to pass as stringent a law as we can, I would like to make it illegal,” said Councilman Dave Warden. “What if every city did this, image how many lives would be saved? If we can do one little thing here at this level it will matter.”

Armed with growing evidence that second-hand smoke causes negative health effects, the council chose to pursue the strictest law possible and deal with any legal challenges later. Last month, the council said it wanted to pursue a law similar to ones passed in Dublin and the Southern California city of Calabasas. It took up the cause after a citizen at a senior living facility requested smoke be declared a public nuisance, allowing him to sue neighbors who smoke.

The council was concerned about people smoking in multi-unit residences.

“I would just like to say ‘no smoking’ and see what happens and if they do smoke, [someone] has the right to have the police come and give them a ticket,” said Councilwoman Coralin Feierbach.

The council’s decision garnered applause from about 15 people who showed up in support of the ordinance. One woman stood up and blew kisses to the council, another pumped his fist with satisfaction.

“I’m astounded. I admire their courage and unanimous support,” said Serena Chen, policy director of the American Lung Association of California.

Chen has worked in this area since 1991 and helped many cities and counties pass no smoking policies, but not one has been willing to draft a complete ban.

“I feel like the revolution is taking place and I am trying to catch up,” Chen told the council.

The decision puts Belmont on the forefront of smoking policy and it is already attracting attention from other states.

“You have the ability to do something a little more extraordinary than Dublin or Calabasas. I see what they’ve done as five or six on the Richter Scale. What the citizens of Belmont, and of America, need is five brave people to do something that’s a seven or eight on the Richter Scale,” said Philip Henry Jarosz of the Condominium Council of Maui.

“The whole state of Hawaii is watching” he said.

Councilman Warren Lieberman said he was concerned the city will pass a law it cannot enforce because residents will still smoke unless police are specifically called to a situation. Police cannot go out and enforce smoking rules, he said.

“It makes us hypocrites by saying you know you can break the law if no one is watching,” Lieberman said.

However, both Feierbach and Warden argued it is the same as jaywalking, having a barking dog or going 10 miles over the speed limit. All are illegal, but seldom enforced.

“You can’t walk down the street with a beer, but you can have a cigarette,” Warden said. “You shouldn’t be allowed to do that. I just think it shouldn’t be allowed anywhere except in someone’s house. If you want to do that, that’s fine.”

[Gabz]

I bet if you polled these clowns, they would think that a 14-year-old girl should be able to get an abortion without parental approval, that the death penalty for murderers is cruel and unusual punishment, and that NAMBLA is a good adult-child "mentoring" program... but by all means don't smoke! That makes you evil! Complete and total idiots.

And they can't see the idiocy of their thinking.

[Reeses]

Will they exempt medical marijuana, or is this only smoking of tobacco?

At work in downtown San Francisco sometimes I go outside to sit on some public steps, relax, and smoke a tobacco pipe. Last week I ran into someone lighting a noxious marijuana roach in broad daylight, not looking out for the police, not a care in the world. After I sat down, within a few minutes a smoking nazi came out furious that I was smoking a pipe. She was not a bit tolerant of others customs, or even polite about it, she wanted me to move. The roach smoker was left alone.

The whole SF Bay area is whacked out like that.

[mowowie]

If you walk down the street smoking in a neighboring town here in my state, Sharon, MA, you'll get a ticket too.

[elkfersupper]

If you walk down the street smoking in a neighboring town here in my state, Sharon, MA, you'll get a ticket too.

It's time to move.

[mowowie]

Yea, It was time to move the day I was born.

[Don W]

Many thanks. I mentioned the aforementioned study (in passing) to my sister, and she went absolutely bug***k on me trying to twist what I was saying into "So you think smoke-filled homes are good for kids?".

The joys of family! < BG >

[Centurion2000]

Belmont is set to make history by becoming the first city in the nation to ban smoking on its streets and almost everywhere else. The Belmont City Council voted unanimously last night to pursue a strict law that will prohibit smoking anywhere in the city except for single-family detached residences. Smoking on the street, in a park and even in one’s car will become illegal and police would have the option of handing out tickets if they catch someone.

Remember when the USA was a free country???

Yep ... not anymore.

[Alamo-Girl]

Thanks for the ping!

[SheLion]

Thanks for the ping!

  

[SheLion]

California Information

Tobacco Taxes

California's excise tax per pack of cigarettes: $0.870
California's excise tax collection for the
fiscal year ending June 2002: $1,074,323,000

Sales tax on tobacco products: 7.25%

Federal excise tax per pack of cigarettes: $0.39
Total federal excise tax collections in fiscal year 2002: $7,512,700,000

--------------------------------------------------------------------------------

Comparing Excise Taxes on Cigarettes, Beer and Wine 

Number of six-packs of beer that must be sold in California to produce the same state excise tax revenue generated by one carton of cigarettes: 77.3


Number of bottles of wine that must be sold in California to produce the same state excise tax revenue generated by one carton of cigarettes: 219.6

--------------------------------------------------------------------------------
California Smokers' Contributions to the State Economy - 2004

In 2003, California smokers comprised only 16.8% of the adult population in the state. Here is what they already pay because they choose to buy a legal product:
· Smokers Pay Excise Taxes $1,030,057,000
· Smokers Pay Sales Taxes $329,023,000
· Smokers Pay Tobacco Settlement Payments $802,400,000
TOTAL: $2,161,480,000

[SheLion]

If they can to it to smokers, there's other segments they can toy with just as easily. I'm not a smoker and I think this is absurd.

Lawmakers: =

Related in the sense of "Now that we got you to do something we want, it's easy to force you to do everything we want!"

[Godebert]

"Where is Belmont? I want to move there."

The first thing I did after reading your post was to check your location. Yup.......that explains it. Maybe you should just move to France instead.

[Raycpa]

Yep, smokers sure are making progress with their private property rights arguments. Any day now and the tide will turn.

[metesky]

Thank You for submitting your Vote!
We asked: Is the city of Belmont right in moving toward a smoke ban for the entire city except single-family homes?
Poll Results
Opinion		Graph		Votes
Yes, smoking is a bad habit and causes health issues.				14%
No, it's a person's right to smoke.				86%
Total Votes: 2578

[Leftism is Mentally Deranged]

Fascists, nazis are in power. This is what "liberalism" gets us.

[xowboy]

Those who would give up FREEDOM in the pursuit of HEALTH deserves neither!!!

[Wolfie]

This ban will also have to include pot and crack smoking as well I would assume, smoking is smoking after all.

Not to worry. The DEA has that covered already, backed up by 60-odd years of jurisprudence. Which is why tobacco users are now in the cross-hairs.

[libertarian27]

So, have they banned the sale of tobacco in all Belmont's businesses. Or are they just banning the smoker?

Belmont - "America's Premier Gulag"

[Neoliberalnot]

"I think gay sex is already illegal in public."

Then you ain't been to San Fransicko.

[SheLion]

Thanks for posting the poll figures, metesky.

I voted this morning and the no's were way up there then. So, this is good.