London clears the air

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July 7, 2009

Council passes first reading of smoking ban

Anonymous The Times-Tribune Tue Jul 07, 2009, 09:51 AM EDT

By Carl Keith Greene / Staff Writer

London City Council members on Monday began the process for a smoking ban and heard a plea for annexation by residents of a local subdivision.

On a five to one vote, the council approved the first reading of an ordinance that will tightly control smoking in the city limits.

Nancy Vaughn was the lone dissenting vote.

The ordinance prohibits smoking “in all enclosed areas within all enclosed buildings open to the public and within places of employment.”

It allows smoking in a private home, unless the home is “a childcare, adult day care or health care facility.”

Smoking out of doors is prohibited within 25 feet of outdoor entrances, exits, wheelchair ramps serving an entrance or exit, and operable windows and ventilation systems of enclosed areas where smoking is prohibited.

The exception to the outdoors smoking ban is the outdoor seating area of bars or restaurants. However, owners or managers of such facilities may prohibit smoking in those areas with proper signage.

Along with private homes that do not have childcare, adult day care or health care uses, smoking is allowed in hotel and motel rooms that are specified as smoking rooms. Those rooms must be contiguous with themselves and may not be made up of more than 35 percent of the rooms in the facility.

Smoking is allowed in private and semi-private rooms in nursing homes and long-term care facilities, as long as all the occupants are smokers and have asked in writing to be placed where smoking is allowed.

It is also allowed in retail tobacco stores at which the shop’s revenue from tobacco sales is at least 80 percent of total income.

In all instances of smoking allowed in public enclosed areas, motel rooms, nursing homes and tobacco stores, smoke from those sites must not infiltrate into any area in which smoking is not allowed.

Violation of the smoking ban is a misdemeanor and, upon conviction, the smoker may be fined up to $200.

The ban will take effect upon the publication of the ordinance in the local newspaper after its second reading at the next council meeting.

It requires employers to notify all of their employees of the ban within 60 days of its taking effect.

Residents of Twin Oaks subdivision west of London off KY 192 also came before the council Monday seeking annexation of their subdivision, a farm that adjoins the development to the west and other areas.

As a result, the council scheduled a Thursday noon meeting for discussion of the project.

Noting that a sign at the entrance to the farm, which is opposite the London Country Club, announces that the farm will soon become The Hilltop Mobile Home Park and R.V. Storage, the residents said such a facility would cause a decrease in property values and attract an undesirable group of residents.

The subdivision is about a half-mile from the existing city limits, which lies along the western edge of I-75.

Noting the new St. Joseph Hospital’s campus and the property of West London Baptist Church, both of which front on Parker Road and have sought voluntary annexation, the group asked the city to annex other property that lies along Parker Road to KY 192 and from there along KY 192 back to I-75.

City attorney Larry Bryson warned the residents that even if annexation procedures begin, the owner of the Hilltop property could develop his business and have it in operation before the annexation could be completed.

It was also discussed that any such mobile home park developed would be required to be developed to standards set by the state.

Wrapping up of the meeting included the first reading of an ordinance that would change the name of Tony Smith Lane off KY 80 east of London to Easy Street.

First reading was also given to an ordinance that would change the zoning status of property owned by Carl and Jerald Robinson at 705 Owen Street, south of town off KY 363.

And finally the council approved seeking bids for asphalt for the street department’s use.

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