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Clarion council considers strict ban on tobacco
By Rodney L. Sherman, Clarion News Editor


CLARION - Clarion Borough Council Jan. 5 approved advertising its intention to enact a ban on use of all tobacco products on or in all borough-owned property.

Details of the ordinance, however, are a bit hazy.

The borough “policy” states, “All areas of the workplace and property are now tobacco-free, without exception. This includes the buildings and grounds, parking lots and borough-owned vehicles and equipment at all times, and any vehicle on the property.”

The proposed “ordinance” states, “Use of any tobacco products will be strictly prohibited within, at all, or on all borough-owned facilities and buildings, including offices, hallways, waiting rooms, restrooms, lunch rooms, elevators, meeting rooms, parking lots and all community work areas.

‘This policy prohibits the use of any and all tobacco products on the property and in the buildings occupied by the Clarion Borough police, public works, administrative/zoning police buildings, the Clarion Free Library, the Clarion Fire and Hose Co. building, the Clarion Borough Municipal Pool facility and Paul A. Weaver Community Park.

“It will also be prohibited in all borough-owned vehicles and equipment. This policy applies to all employees, contractors and visitors.”

However, neither the policy nor the proposed ordinance classify the possible violations. Neither document sets any specified penalties or fines.

The “ordinance” does not identify who will enforce the ordinance.

The “policy,” however, states, “Enforcement of this policy is the shared responsibility of all Clarion Borough personnel. All employees are authorized and encouraged to communicate this policy with courtesy, respect and diplomacy, especially in regard to visitors.

“If difficulties arise with compliance of this policy, notify the police.

“Incidents of smoking and/or tobacco use by employees are to be documented for supervisor follow-up, as well as evaluated for trends and patterns of noncompliance.

“Violations by employees may be addressed through appropriate employee discipline.”

The proposed ordinance was discussed last year at a council work session. During that session, it was suggested the ordinance not include the park. Council president Ron Wilshire said Jan. 5 he thought the park would be exempt from the smoking ban.

Borough manager Nancy Freenock said she believed the ban was a “blanket policy.”

A complete ban on smoking on borough property also would include the Toby Boat Launch, although that facility was not mentioned in the policy or the proposed ordinance.

Nor was the issue of smoking on borough-owned streets discussed.

 Council member Earl Zerfoss questioned how the ordinance would be enforced and how a smoking complaint would rate against other incidents in the borough.

“What if this things gets carried away? Do we have enough police officers to respond?” asked Zerfoss. “We’re taking in quite an area.”

Zerfoss also asked what police officers should do with a person under arrest or being detained who needs a cigarette “to calm down.”

Council member Joanne Vavrek said such a situation would be a “judgment call” on the part of the police officer.

Clarion Borough Police Officer William Scheckler, though said it isn’t a judgment call.

“If I take a suspect outside for a cigarette and someone drives by and sees that, and then the next day I try to cite him for smoking in a prohibited area, well, a judge is going to look at that,” said Scheckler. “How can let one person (smoke) and not another? With a law, you either do or you don’t.”

After a few more minutes of discussion, council member Sue Leonard suggested council advertise its intention to adopt the ordinance.

“We’ll see what kind of feedback we get,” said Leonard.

The action was approved unanimously, however, some council members indicated their approval to advertise the ordinance does not mean they will vote to enact it.

 

 

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