Mayor Dave Cieslewicz’s Smoking Ordinance Implementation Team gathered Wednesday to continue discussing the smoking-ban ordinance, which will go into effect July 1. The committee debated who will enforce the law, when citations will be issued and how smokers will easily reenter bars.
Tommye Schneider, director of environmental health for the Public Health Department, said she would like officers from the Madison Police Department to help the health department enforce this law in its beginning stages. However, the police department said it does not have enough personnel or resources to fully enforce this law.
“I believe the police department has a significant role to play in letting people know there is a major new law in effect,” Schneider said. “I don’t see this as a permanent job for the police department … but in the beginning, I see a role.”
MPD Lt. Melissa Schiferl said at any given time of day, there are only 22 to 34 police officers on duty, which is not a sufficient number to take a “proactive effort” in the enforcement of this ban.
“It’s not like we’re turning our back,” Schiferl said.
However, Chief of Staff Janet Piraino said if police officers are already in an establishment, they could definitely enforce the smoking ban.
Marsh Shapiro, elected chair of the committee and owner of the Nitty Gritty Restaurant and Bar, along with other committee members, continued expressing concern about customers who will fail to obey the new law regardless of the owners’ efforts to prevent smoking.
Shapiro said he hopes whoever enforces the ban does not turn the enforcement into a series of “witch hunts.” Assistant City Attorney Marci Paulsen said the ordinance will be enforced reasonably.
“I think we all agree that it is the owner’s responsibility to police his own establishment and do the best he can,” Shapiro said.
According to Shapiro, after speaking to people in New York and California who have experience with smoking bans, if someone illegally lights a cigarette in an establishment, they are often “peer-pressured” by other patrons to go outside.
Shapiro said establishments will have to individually deal with crowd-control issues, lines and the exiting and reentering of smokers. Bouncers may need to use “clickers” at the door to keep track of the number of patrons who come and go. “Smoking wristbands” may need to be issued to allow smokers a chance to reenter after leaving an establishment, he added.
The committee also discussed the launch of an education campaign, no later than April 1, to inform the public of the upcoming ordinance. Fliers will be posted at establishments describing the new rules and the price of fines.
“The people hear locally — everyone is going to know. I’m convinced of that,” Shapiro said.
The first offense for smoking in a bar will result in a $164 ticket, and the second offense, which must happen within a year from the first offense, will cost the smoker $660.
“That’s a very expensive smoke,” Shapiro said.