BY SARAH TERRY Northwest Arkansas Times
Posted on Wednesday, August 27, 2003
Fayetteville's City Attorney has presented a version of the proposed smoking ordinance that may be the one members of the City Council vote on at Tuesday's meeting.
Kit Williams issued a memo to the mayor and City Council Tuesday that encompasses all the changes that were considered during Monday's Ordinance Review Committee. The eight members of the council met as the Ordinance Review Committee Monday to discuss any concerns they had with the existing ordinance before it is read for the third time at Tuesday's meeting, which begins at 6 p.m. in Room 219 of City Hall, 113 West Mountain St.
In his memo, Williams presented a shortened version of the ordinance that was drafted to eliminate excessive wording. "I believe that you all thought the short version was preferable," Williams wrote. "Thus, instead of listing all the businesses to be regulated, the ordinance simply states that" everything but" bars and retail tobacco stores are regulated."
The new proposed ordinance would also allow smoking in" an enclosed private office that is not regularly entered or occupied by a nonsmoking employee."
Williams also notes that he has deleted all but three of the" whereas" clauses from the current proposal. The clauses were originally inserted to explain why the ordinance was drafted.
At Monday's meeting, the council asked Williams to draft ordinances that would put the issue to a vote of the people or, if the proposed ordinance is accepted, would be enacted in February. "The major issue most in doubt is whether to refer this ordinance to the voters for their ratification or rejection," Williams wrote Tuesday. "I have drafted two versions, a standard ordinance and an ordinance calling for a special election."
Williams also uses the memo to advise the council about what order action should be taken at Tuesday's meeting, including adopting the shorter format and discussing whether the council will vote on the issue or the citizens will go to the polls. "I would suggest you dispose of any proposed changes in the definitions first," Williams wrote. "Then someone would need to amend the ordinance to the short version. Finally, the issue of referral to the voters needs to be addressed by a motion to amend to the short version that is the referral ordinance."
The debate about the smoking ordinance will be the last item on Tuesday's short agenda. The council will hear a presentations on the Botanical Garden of the Ozarks Master Plan as well as the Fayetteville Alternative Trails and Transportation Plan, which they are expected to adopt as part of the consent agenda.
The council will also approve the seven-item consent agenda and two items with new business before launching into the smoking discussion.
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