Ordinance Would Ban Smoking in Most Public Places : Health: City Council passes law on its first reading by a unanimous vote. Final approval could be later this month.

Citing the dangers of secondhand smoke, the Whittier City Council on Tuesday approved an ordinance that would ban smoking in most public places and limit cigarette sales from vending machines.

The unanimous council vote took place over the objections of a small but vocal number of business owners and smokers who said the ban would interfere with their rights and could ruin local commerce.

If given final approval later this month, the ban will go into effect July 1, 1992. It would prohibit smoking in most enclosed public places, including hotel lobbies, pharmacies, banks, offices, stores and theaters.

Exceptions include businesses such as bars and pool halls. The law also requires employers to provide a smoke-free environment for their workers.

Violators will get a warning for the first offense; a second offense carries a maximum $100 fine and three-time offenders will pay fines up to $300.

“It’s a health issue,” Council member Helen McKenna-Rahder told an angry group of 20 area residents who protested the ban. She advised smokers to exercise their right to smoke in their cars and homes. “You have the right as long as it doesn’t infringe on other people.”

The unanimous vote was a result of “the great amount of medical evidence from the surgeon general’s report” linking lung cancer and other respiratory diseases to secondhand smoke, Councilman Robert Woehrmann said.

Woehrmann, known as an ally to business, said he talked to officials from other cities who had enacted similar ordinances and became convinced that businesses will not be greatly affected.

Some business owners were critical of the new law. “Only 20% of people smoke, but for that one person who does, the whole group will go somewhere else where they can all be comfortable,” said Ruth De La Parra, who owns the 25-year-old El Patio restaurant with her husband. “A 100% ban is ridiculous.”

Initially, restaurants will be required to reserve 75% of their seating for nonsmokers. A total ban takes effect for small restaurants, where smokers cannot be separated from nonsmokers. All areas of all restaurants must be 100% smoke-free by July 1, 1993.

Walt Dinger, an El Patio regular, said he will go elsewhere. “I’ll just drive the extra three miles to La Habra and go somewhere where I can smoke,” he said.

Marcia Tucker said the ban would interfere with her rights. “This is over-regulation,” she said. “As far as I know, cigarettes are not illegal. To have them being treated like contraband is inappropriate.”

Council members received a petition and about 1,000 printed cards urging them to vote against the ordinance. The no-ban campaign was organized by the California Business and Restaurant Alliance, a lobbying group partially funded by the tobacco industry.

“It’s a business issue,” said Robert Padgett, the group’s local lobbyist, who also attended the council meeting. “Smokers are the least-affected people. They can go someplace else. Business people can’t just pick up and start in another city.”

Neither the Chamber of Commerce nor the Uptown Assn., another merchants’ group, opposed the ban.

“People are starting to get more and more health conscious and it only makes sense,” said Casey Hazelton, executive director of the Uptown Assn. “Personally I think the ordinance is OK even though I smoke cigarettes, because we need to quit it.”

The Whittier Smoking Ordinance

What: An ordinance eliminating smoking and cigarette vending machines in most public places.

When: Ordinance approved unanimously by the City Council on Tuesday to take effect July 1, 1992. Exceptions include some restaurants and non-public work areas.

Who and what is affected: The public and employee areas of all businesses, including restaurants, hotels, pharmacies, banks, offices, stores and theaters; city vehicles and offices; elevators and restrooms; buses and taxis; enclosed auditoriums and halls; medical facilities, and places of employment.

Exceptions to total ban: Smoking will be allowed in pool halls, bars, private residences that are not a place of business and stores that exclusively sell tobacco and smoking paraphernalia. Smoking will be allowed at private functions in closed-off areas. Bowling alleys must be 50% no-smoking. Smoking may be allowed in private rooms at hospitals.

The workplace: Starting July 1, 1992, employees may smoke only in designated areas that are not used by all workers. All employees have the right to a smoke-free work space. As of July 1, 1993, smoking is prohibited in all businesses with more than five employees.

Restaurants: Starting July 1, 1992, 75% of all restaurant seating areas must be no-smoking. A total ban takes effect for small restaurants. All areas of all restaurants must be smoke-free by July 1, 1993.

Hotels and motels: At least 50% of the guest rooms must be permanently designated as nonsmoking.

Cigarette vending machines: Beginning July 1, 1992, coin-operated cigarette machines may not be located in any public area except in businesses where minors are not allowed.

Penalties: First offense: a warning. Second offense: a fine up to $100. Third offense: a fine up to $300.