Leitchfield adopts smoking ordinance


Ordinance goes into effect Jan. 1

By Matt Lasley - mlasley@civitasmedia.com



The Leitchfield City Council, in a 4-1 vote, approved the second and final reading of the city smoking ordinance on Monday, Sept. 19.

Following the City Council’s approval, the city-wide ordinance prohibiting smoking in enclosed public places will go into effect Jan. 1, according to Leitchfield Mayor William Thomason, who explained that the delay is to allow those who will be affected by the ordinance time to plan and prepare for it.

During the City Council’s regular meeting on Monday, Leitchfield City Attorney Kenneth Smart provided the second reading of a summary of the ordinance.

The 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 requires that “No Smoking” signs 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 (such as American Legion Post 81); 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, and notice of the provisions of the ordinance will be provided to all applicants for a business license in the City of Leitchfield.

Per the summary, the penalties for violating the ordinance will 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.

The ordinance was approved on a 4-1 vote, with Raymond “Tooty” Cottrell voting against it, and Margaret Fey being absent from Monday’s meeting due to illness.

Following the City Council’s approval, Leitchfield Tourism Director Ilsa Johnson presented a number of options for No Smoking sign decals that the city will distribute. The City Council will review the options and select one at a later date.

In other business:

*Nick Ramsey, of Nick’s School of Rock, addressed the City Council requesting to close a portion of Leitchfield Public Square to hold his business’s Halloween “Scare on the Square” outdoors this year.

Ramsey said the first Scare on the Square, an event that offers snacks, candy, music, and costume contests for kids, brought over 100 people to his store at its original location; however, his current location has less room inside, so the event could not be held indoors like it was last year.

Ramsey said the event would be non-profit, and any money raised during the event would benefit a local charity.

Leitchfield Chief of Police Kevin Henderson said said that in order for Ramsey to be able to close a portion of the roadway, he would need approval from the state.

Thomason recommended that Ramsey meet with Johnson to discuss possible alternative sites for the event, which is tentatively scheduled for Friday, Oct. 28 from 6 to 8 p.m.

No action was taken on this matter during Monday’s meeting.

*The City Council approved the contract between the city and Scotty’s Contracting and Stone for the purchase of 125.86 acres of property on Highway 54.

Thomason said Scotty’s initially offered to pay the $1.1 million it bid up front; however, he negotiated with Scotty’s to instead make nine payments of $100,000 at a 4 percent interest rate.

This payment method will result in $180,000 total interest, and the city will receive $1.381 million total from the sale of the property, Thomason said.

In addition, to ensure that the property is paid for, Smart said, the city will retain a mortgage on the property during the duration of payment.

*Thomason said the city has advertised for resumes and applications for the City Finance Officer position, following former Finance Officer Erin Embry’s move to Grayson County Schools, and will accept applications through this Friday, Sept. 23.

*The City Council approved the second and final reading of the ordinance regulating mobile food vendors in the City of Leitchfield.

*The City Council approved the first reading of an ordinance amending the city’s moist ordinance to be compliant with the new Leitchfield wet ordinance.

*The City Council approved the second and final reading of an ordinance establishing a franchise with Warren RECC.

*The City Council approved advertising for the sale of the franchise with Warren RECC.

*The City Council approved a request to rezone the property at 301 William Thomason Byway from a P-1 to a C-1 Highway Business, as well as the first reading of an ordinance rezoning the property.

*The City Council approved a change order from The Fence Company deducting $612.48 from the overall cost of the Leitchfield Ball Park Complex project.

http://gcnewsgazette.com/wp-content/uploads/2016/09/web1_City-Council-09192016.jpg
Ordinance goes into effect Jan. 1

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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