pages: CityCouncil/2011-11-01.pdf, 8
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CityCouncil | 2011-11-01 | 8 | walk 200 yards to a common smoking area; that he cannot enforce something that he does not have control over. The Police Chief stated the ordinance would be complaint driven; that he has no desire to be proactive in citing people; the ordinance would be self policing; the Police Department would work with landlords, tenants, and business owners to help mediate issues; the Police Department prioritizes calls on a one to four scale; smoking violations would be a four. Mayor Gilmore stated Police Officers would not come into an establishment looking for violations; complaints would come from residents, customers, and people affected by sidewalk smoke or smoke coming over a six-foot fence. Vice Mayor Bonta inquired what the response would be if a Police Officer is on patrol and notices a smoking violation. The Police Chief responded it would depend upon calls for service and how busy the Police Department is; stated that he would expect a Police Officer to request the cigarette be put out. Councilmember Johnson stated the Police Chief stated Police Officers would try to mediate complaints; the Police Department might receive numerous complaints for a particular establishment; an ordinance should not be adopted that Council would not want the Police Department to enforce. The Police Chief stated a lot of discretion would be used; a Police Officer would be assigned to work with bar owners and residents; the Police Department would not ignore a nuisance. Councilmember Johnson stated the outdoor patio bar area needs further consideration. Mayor Gilmore stated bar owners have been responsible and have worked well with the Police Department; the ordinance could be changed if things do not work out. Vice Mayor Bonta concurred with Councilmember Johnson regarding further consideration for outdoor patio bar areas and electronic cigarettes; stated that he can envision having certain specifications for outdoor patio bar areas so that public health interests would be harmonized with business interests. Mayor Gilmore stated each business is different; that she would be okay with having some type of opt out permit system; businesses would need to meet certain criteria. The Assistant City Manager stated staff could bring back San Francisco's hybrid restriction for review. Mayor Gilmore stated that she is not in favor of holding up the entire ordinance because Regular Meeting Alameda City Council 8 November 1, 2011 | CityCouncil/2011-11-01.pdf |