Davis poised to snuff smoking outdoors

The Davis County Board of Health is expected to vote today whether to ban smoking at outdoor public places.

When the board takes up the question today at its 7 a.m. meeting, it will consider research into the effects of secondhand smoke, a report by the U.S. Surgeon General and public comment.

In this case, the research speaks volumes more than the public.

But the public's relative silence on the issue speaks volumes to Lewis Garrett, director of the Davis County Health Department.

"It is an indication that the citizenry is in favor of this," he said. "It's been my experience that where there is a strong sentiment against something the board wants to do we receive an awful lot of public comment."

The board received 10 comments from the public regarding the outdoor smoking ban, seven of which were in favor, Garrett said.

Of the three that were classified as opposition to the proposed rule, two cited a need to preserve people's freedom to smoke where they want outdoors.

The other comment stated that the rule should provide for designated smoking areas, which it already does.

If passed today, the rule, which would take effect Jan. 1, 2008, would ban smoking at parks, playgrounds, recreational areas, most parts of golf courses, fairgrounds, amusement parks, cemeteries and outdoor eating areas.

Golf-course fairways would be exempt from the ban.

The proposed rule allows business owners to apply for a permit from the health department to create a designated smoking area within an outdoor public place. But the area must be clearly marked as a smoking area and must be at least 25 feet away from an outdoor place where people gather, in order to minimize secondhand smoke exposure.

The rule would be enforceable by any code-enforcement or peace officer and would make any violation a class B misdemeanor, with a recommended $25 fine for the first offense.

Garrett said he received two letters from law enforcement officials, who said enforcing the smoking ban can't be a priority for their officers.

Garrett said he isn't too worried.

"I would point out that in places across country (that have enacted the rule), it's very rare that a citation is ever issued," he said. "Almost everyone complies with those restrictions."

Garrett said he expects the board to enact the regulation, though he's been surprised in the past.

The regulation can be viewed online at www.daviscountyutah.gov/health.

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E-mail: jdougherty@desnews.com