It's getting tough to puff It's getting tough to puff (December 26, 2003)

New state law bans smoking near entrance to public buildings

By Grace Rauh

Smokers who stroll down Castro Street will have to put out their cigarettes when passing the Civic Center come January.

On the first day of 2004, a statewide law will go into effect, banning smoking within 20 feet of the main entrances, exits and operable windows of all government buildings. Those include City Hall, the library, and El Camino Hospital.

The strip of Castro Street next to City Hall will also become a smoke-free zone and people puffing within 20 feet of the building will face a warning, a $50 fine or up to six months in jail, according to city attorney Michael Martello.

Mountain View officials are gearing up for the changes but it isn't quite clear how the law will be enforced. "We will probably initially work on a complaint basis, and we are talking about signage," Martello said.

The Public Works Department is in charge of the signs, but officials say they haven't yet received examples from the county health department. As for police enforcement, Martello said he doesn't anticipate having uniformed officers patrol the no-smoke zones.

He expects the new law to be enforced in the same way other no-smoking laws are regulated -- through complaints. "And citizens can always do a citizen's arrest," he added.

Although Public Works Director Cathy Lazarus said she has only heard positive feedback from city officials about the new law, not everyone in Mountain View is pleased. Community activist Rosalind Bivings is outraged by the growing trend in California of making smokers pariahs.

"I'm not surprised because smokers are great targets. It just baffles me why we allow buses to ride down streets that have outdoor eating cafes," she said.

The smoking hot potato is not likely to go away any time soon. The city council is considering adopting new, more stringent tobacco controls next year. One idea on the table would extend the new state law to all buildings in the city -- not just those owned, leased and occupied by the state, county or city.

"This is the new realm. This is the new area we are looking at, and I am interested in exploring it more," said Council member Matt Neely. "I am intrigued by what you can do to protect people from secondhand smoke."

Council member Mary Lou Zoglin said she would have to hear from the police department first before endorsing new tobacco regulations. Zoglin doesn't want a new tobacco rule to overly burden police and take them away from their other activities.

"Is this something that would be on the books if needed or is this something that would take a whole new effort and (take) time and money away from other efforts?" she said.

The city council will discuss possible amendments to tobacco controls at a study session in March.

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