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CITY OF ASHLAND No smoking ordinance takes effect Friday Smoking on and blocking of downtown sidewalks will be banned Comment By Julie Akins For the Tidings DailyTidings.com By Julie Akins For the Tidings Posted Jun. 1, 2016 at 3:02 PM Updated Jun 1, 2016 at 6:22 PM By Julie Akins For the Tidings Posted Jun. 1, 2016 at 3:02 PM Updated Jun 1, 2016 at 6:22 PM » RELATED CONTENT • Homeless have their say about new ordinances • Bans on smoking, blocking sidewalks in downtown Ashland effective in June... • Council to vote on bans on smoking, blocking sidewalks downtown... • Smoking ban session draws little response • Ashland moves toward banning smoking downtown » Social News New ordinances prohibiting smoking in most of downtown Ashland and blocking of sidewalks take effect Friday, June 3. A third ordinance prohibiting "intrusive solicitation," also known as aggressive panhandling, took effect May 17. The smoking ban applies to downtown public sidewalks and within 10 feet of sidewalks, including private areas. Additionally, smoking will not be allowed within 10 feet of an outdoor cafe anywhere in town. It's the first such ban by an Oregon city, according to a release from the city of Ashland, which said it was enacted after community and business surveys found support for the measure. It incorporates the Oregon Indoor Clean Air Act into the city code. That prohibits smoking within 10 feet of entrances and exits and windows of palaces of employment and enclosed public spaces. The ban on smoking on sidewalks applies in the downtown area specified in the city's Enhanced Law Enforcement Area, a roughly two- by six-block area bounded by Lithia Way on the northeast, Third and Hargadine streets on the southeast, Hargadine Street on the southwest and Winburn Way, Calle Guanajuato and Church Street on the northwest. The ELEA includes the Oregon Shakespeare Festival campus, the Plaza, City Hall and most of the downtown core, but the ordinance leaves smoking on most of the OSF campus up to OSF. Smoking will be banned, though, on OSF's Chautauqua Square at East Main Street and Pioneer Street. Ashland has prohibited smoking in all city parks since 2008. "Second-hand smoke is a well-documented health hazard," city Councilor Stefani Seffinger is quoted as saying in the city's release. She proposed the ordinance last fall. "Residents and visitors should not have to walk through clouds of smoke when they're in downtown Ashland, which is this city's living room." Smokers will still be able to "indulge their habit," the city release says. "Smoking is still permitted downtown in public alleyways and in any unenclosed private property that conforms to the other restrictions of the ordinance," city Administrator Dave Kanner says in the release. Violation of the ordinance is subject to fine of $138. “I think it’s a good approach that isn’t too Draconian but starts to enforce values you have in a society,” a downtown business owner said of the new ordinances. The owner, who says his windows have been broken and he’s had feces wiped on his building for speaking out or confronting people who trespass or relieve themselves on or near his property, declined to be identified for fear of retaliation. “Our societies are built on a set of rules — like it or not you have to abide by them. ... To me it’s a continuum. The smoking ban is on the same continuum. If they can’t abide by the rules, they need to find a new place to be.” The new sidewalk-blocking rule says no one can intentionally block a sidewalk. Obstruction is defined as leaving less than six feet of clear passage space on a sidewalk. Those warned of violation by a police officer will have five minutes to move. An existing ordinance already bans blocking walkways with dogs or objects. The aggressive panhandling ordinance prohibits panhandling within 20 feet of an ATM; an entry to a financial institution; and from people seated indoors or outdoors at a restaurant. “We believe the ordinances are positive for quality of life," said Ashland Chamber of Commerce Executive Director Sandra Slattery. She was primarily discussing the smoking ban, saying many residents and tourists expressed concern about second-hand smoke. As to allegations the smoking ban disproportionately affects the homeless because they have no home or backyard in which to smoke, Slattery said it’s not about any group of people except smokers. “We don’t think it targets the homeless," she said. "It’s about anyone smoking on the main corridor.” Slattery pointed out there are places where people can smoke, such as alleyways and public parking lots removed from sidewalks, and she also said the smoking ban will affect anyone, including business owners and workers who smoke downtown. This is something people told the council they wanted as a matter of health, she said. As to the ban on crowding sidewalks, Slattery said it’s a matter of fairness to people on foot. “We’ve got thousands who access our downtown sidewalks," she said. "It’s important for everyone to be able to walk down the sidewalk and have access.” “This is being characterized as some white bread, square people who are complaining but it’s not," according to the unnamed downtown business owner. "It’s not about the homeless people who are sick, who have had some terrible financial accident, who deserve assistance and are taking it and are respectful. This is about people who waft in, destroy things and waft out.” There is no current plan to increase patrols in the areas affected by the new ordinances on the day they go into effect, according to Deputy Police Chief Warren Hensman, who says it’s doubtful there will be any need. “Our first priority will be educating people about the new laws but no, I don’t expect there to be greater presence or enforcement.” Police Chief Tighe O’Meara, who is on vacation this week, has stated in the past that the police do not plan on ticketing anyone initially but merely making contact and explaining the rules. Despite the council’s decision to lease jail beds at the county jail for $73,000 annually, the chief has also said no one will be arrested for violating these ordinances. It would have to take some other action which is a crime for the beds to come into play. Slattery does not expect a greater police presence downtown either, but should it occur she doesn’t see a problem. “A lot of people would be happy to see a bigger police presence,” she said. The unnamed business owner agrees, saying “The behavior is so far out of hand it wouldn’t be acceptable anywhere.” Meantime, city Councilor Carol Voison is taking input from interested residents and the homeless community to see how the ordinances are working and if any concerns come up as it plays out. In a recent listening session with the homeless, she was told, “The ordinances suck. They aren’t necessary,” by a community member who gave only her first name, Bonny. “We need to sit down, constructively dialogue and understand why and figure out a way,” according to the business owner, who says he is in no way against the homeless but is in support of the ordinances in hopes of creating more civility. Slattery at the Chamber of Commerce said, “It’s all about behavior and playing nicely in the sand box. It’s not too much to ask.” Email Ashland freelance writer Julie Akins at [email protected] and follow her on Twitter at twitter.com/ @julieakins. By Julie Akins For the Tidings DailyTidings.com By Julie Akins For the Tidings Posted Jun. 1, 2016 at 3:02 PM Updated Jun 1, 2016 at 6:22 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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