Smoke Free NMB discussed in city council workshop

The Smoke Free Horry organization is making headway with the North Myrtle Beach City Council regarding a new ordinance that would regulate smoking in public places, places of employment and certain outside facilities. “The council seems to be looking for a common sense and enforceable ordinance. This is very different than the first proposed ordinance, primarily in how it treats smoking outdoors,” said North Myrtle Beach Public Information Officer Pat Dowling.

The latest draft of the ordinance available lists the only exceptions as private residences, unless they are utilized as a daycare, adult day care or health facility, retail tobacco stores as defined in the ordinance (such as cigar bars), religious ceremonies involving smoking as part of a ritual and campground spaces, lodgings or sleeping accommodations furnished by any hotel, inn, tourist court, tourist camp, motel, campground, condominium complex, structures owned or rented as timeshares or residences. Smoking will be forbidden indoors entirely in any place of employment, including bars and restaurants. Ball parks and other outdoor arenas will also forbid smoking. Businesses will be required to clearly and conspicuously post “No Smoking” signs in their place of business and conspicuously place a sign at every entrance forbidding smoking.

All ashtrays must also be removed from areas where smoking is prohibited unless they are for sale rather than use on the premises. A person who is smoking in a prohibited area will be guilty of an infraction punishable by a fine of $100. A person who owns, manages, operates or otherwise controls a public place or place of employment found not to comply with the ordinance will be fined a maximum of $100 for the first infraction, $200 for a second and $500 for each additional violation within one year. It could also result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. The new version of the ordinance, which will be made available sometime before the Jan. 23 City Council meeting, will include changes to include the electronic cigarette. “It appears that the council would want us to include electronic cigarettes in the ordinance,” said Dowling.

The electronic cigarette would be written into the ordinance to be controlled as regular cigarette smoking, forbidding the use of the substitute indoors. Concerns about the potential of different chemicals being released from the vapors exhaled by electronic cigarette smokers and the potential for enforceability issues arising are two reasons cited for the addition of electronic cigarettes. Another addition to the ordinance may include the regulation of how far a smoker must be from a doorway, open window or ventilation system of a building. The council implied during the workshop that the individual should be a “reasonable distance” from the area but did not define “reasonable distance”. Parks in North Myrtle Beach will also only allow smoking in designated areas which have not been determined. Construction sites and hallways will be proceeded by the word enclosed in the new version of the ordinance, as well. The new version of the ordinance will go to its first reading before the city council on Jan. 23.