City takes cues from Foley law

Posted 12/15/07

DAPHNE, Ala. — The ordinance committee Tuesday discussed an ordinance that would place limits on cigarette smoking within the city.

“The state shirked their duty by not passing a uniform ordinance,” Councilman August Palumbo, a committee …

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City takes cues from Foley law

Posted

DAPHNE, Ala. — The ordinance committee Tuesday discussed an ordinance that would place limits on cigarette smoking within the city.

“The state shirked their duty by not passing a uniform ordinance,” Councilman August Palumbo, a committee member, said. The Alabama Department of Public Health approached each municipality and offered suggestions for smoking ordinances.

But that’s not good enough, Palumbo said, suggesting the city can pick up the state’s slack. “If we are forced to pick up the ball, that’s what we’ll do,” he said.

The committee looked closely at Foley’s smoking ordinance and made the following suggestions:

•Smoking would be prohibited within 20 feet from the main entrance of a public establishment versus Foley’s 15 feet.

•A smoking exception would be allowed for Daphne Civic Center rentals when private organizations have a liquor exception (as in Mardi Gras balls).

•Smoking, like in Foley, would be prohibited in all city-owned enclosed areas, but public parks would be addressed separately. Whether smoking will be allowed in parks has not been decided.

•The Daphne Police Department would enforce the ordinance — versus Foley’s enforcement by the city clerk or an administrator.

The committee agreed that pool halls and bars should allow smoking. Of Foley’s ordinance, the committee liked that bars (which are defined by food only incidental to alcohol, here) may remain smoking establishments.

In other business, the committee discussed impact fees, the percentage of a development that goes toward public improvements and infrastructure.

The city of Orange Beach, which implemented impact fees a year ago, has offered advice as Daphne has considered crafting a similar ordinance.

Orange Beach’s resolution contains a chart for calculating impact fees according to size and type of building. It also maps out the amount given to each city department. The chart is checked by a 1 percent maximum fee of the fair market value of each unit.

The ordinance provides that the fee will be collected before a building permit is issued.

The city of Daphne apparently will use a modified version of the Orange Beach ordinance.

“We’ll take what they (Orange Beach) have and tweak it to make it work for us,” Jay Ross, city attorney, said.

“Theirs (Orange Beach) has been working for the past year with no legal challenges, so let’s not reinvent the wheel here,” Palumbo said.

Also Tuesday, the committee adopted the standard building code of swimming pools at one- and two-family dwellings. Pools, spas and hot tubs will adhere to the same safety code and barrier requirement.

Under the code, all pools will have a final inspection, will have a locked fence around them, and will be monitored — that is, an alarm will beep when the gate opens and a censor will detect if someone falls in the water, according to Sylvia Gregorchik, of the building inspection department.

The city adopted the new building code six months ago but hadn’t included appendix G regarding swimming pools Palumbo said.

The pool ordinance, impact fees and smoking ordinances still must go to the City Council for a vote.