Council OK’s Smoking Ordinance first reading


By Matt Lasley - mlasley@civitasmedia.com



The Leitchfield City Council approved the first reading of an ordinance prohibiting smoking in enclosed public places in Leitchfield on Tuesday, Sept. 6.

City Attorney Kenneth Smart provided the first reading of the ordinance summary during the City Council’s meeting on Tuesday evening.

Per the ordinance summary—if the ordinance is voted into effect—smoking will be “prohibited in all enclosed public places into which the public is normally invited or in which the public is normally permitted to be present.”

The ordinance summary states that the ordinance was established after the City Council “…found that secondhand smoke is hazardous to the health of those exposed to it.”

The ordinance would require “No Smoking” signs to be displayed anywhere that smoking is prohibited.

The following places will be exempt from the Leitchfield smoking ordinance: Private residences/dwellings, with the exception of those used for childcare, adult daycare, or healthcare purposes; hotel and motel rooms designated as smoking rooms; private clubs; nursing homes and long-term care facilities provided that they have isolated areas that do not permit infiltration of smoke into other areas of their facilities.

The ordinance also states that the owner or operator of a facility or outdoor area may declare the areas under his or her control as non-smoking.

The Leitchfield Police Department, Grayson County Sheriff’s Office, or Kentucky State Police will enforce the ordinance, if it is approved, and notice of the provisions of the ordinance would be provided to all applicants for a business license in the City of Leitchfield.

Any citizen would have the ability to file a complaint in the event that he or she believes the terms of the smoking ordinance have been violated.

Per the summary, the penalties for violating the ordinance would be as follows:

1. “A person who smokes in an area where smoking is prohibited shall be guilty of a Violation, punishable by a fine not exceeding fifty dollars ($50) plus court costs.”

2. “A person who owns, manages, operates or otherwise controls a facility in which smoking is prohibited by this Ordinance and who willingly fails to prohibit smoking shall be guilty of a Violation punishable by: (1) a fine not exceeding one hundred dollars ($100.00) plus court costs for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) plus court costs for a second violation within one year of the first violation date; (3) a fine not exceeding two hundred and fifty dollars ($250.00) plus court costs for each additional violation within one year of the second violation.

Following the reading by Smart, the City Council then voted to approve the first reading of the Leitchfield smoking ordinance.

The first reading of the ordinance was passed on a vote of 5-1, with Councilmembers Billy Dallas, Margie Decker, Margaret Fey, Harold Miller, and Kelly Stevenson voting for and Councilmember Raymond “Tooty” Cottrell voting against the ordinance reading.

After the vote, City Councilmember Billy Dallas proposed that the city look into purchasing No Smoking window decals for locations that would fall under the ordinance “since we’re imposing this on businesses.”

Leitchfield Mayor William Thomason appointed Leitchfield Tourism Director Ilsa Johnson to look into pricing for the purchase of the No Smoking decals and report her findings to the City Council.

The second and final reading of the Leitchfield smoking ordinance will be held during a special call City Council meeting on Monday, Sept. 26.

In other business:

*The City Council approved the first reading of an ordinance that would regulate mobile food vendors in the City of Leitchfield.

The ordinance, in an effort to protect “the health, safety, welfare and orderly conduct of vehicular traffic,” would require any mobile food vendor to obtain a City of Leitchfield special mobile food vendor permit, a valid City of Leitchfield business license, and comply with regulations set by the ordinance.

It would also require mobile food vendors to be subject to the required net profits, occupational license fee, and the Restaurant Tax.

Permittees in violation of the ordinance would be fined not more than $100.00 at the discretion of the court of competent jurisdiction.

Mobile food vendors operating as part of a state, county, or city event or an organized civic or religious festival or similar organized activity or event approved by the city would be excepted from the requirements of the ordinance.

The second and final reading of the ordinance regulating mobile food vendors will be held during the special call City Council meeting on Monday, Sept. 26.

*The City Council accepted the $1,100,000 bid from Scotty’s Contracting & Stone for city-owned property on Highway 54.

Scotty’s was the only bid received for the property.

*The City Council granted approval for the Leitchfield Fire Department (LFD) to eliminate the $100 per month position of note-taking at meetings.

That position will now be filled by Derrick Lasley, whom previously was paid $100 per month for another position but will now be paid $150 per month for his original position and the note-taking position.

The move will cut $50 from the LFD’s budget per month.

*The City Council granted Leitchfield Public Works Director Sheila Puckett permission to declare a 1998 Chevrolet PU 2500 4×4 salt truck to be surplus property and place it for sale on govdeals.com.

*The City Council approved the first reading of an ordinance establishing a franchise with Warren RECC, which previously had a franchise with the City of Leitchfield that has since lapsed.

*The City Council granted Thomason approval to execute a commercial power contract with Warren RECC for electricity for the new Public Works facility.

*Linda Gentry, with the Grayson County Alliance, informed the City Council that a Poverty Simulation event will be held on Thursday, Sept.22 from 4:30 p.m. to 6:30 p.m. at Leitchfield United Methodist’s The Rock facility.

The event will allow community members the opportunity to participate in a simulated session regarding what it is like to live in poverty.

To participate, call Community Action at 270-259-0043. If there is no answer, callers are asked to leave a message.

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By Matt Lasley

mlasley@civitasmedia.com

Reach Matt Lasley at 270-259-9622, ext. 2015.

Reach Matt Lasley at 270-259-9622, ext. 2015.

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