Moorpark OKs Ban on Smoking in Public Places : Health: The 5-0 vote makes the city the first in Ventura County to impose the restriction except in bars.

The city of Moorpark late Wednesday became the first city in the county to declare nearly all public places--with the exception of bars--off-limits to smokers.

All five Moorpark council members cast votes supporting the new law, which they said was needed, given the mounting evidence that second-hand cigarette smoke can cause cancer.

Mayor Paul Lawrason had been the key proponent of the ordinance, saying the health hazards of cigarettes were too significant for public officials to ignore.

“This is a health and safety issue that needs to be addressed,” Lawrason said before the meeting. “The sooner we move on it, the better it will be as far as the welfare of everybody who lives in the city.”

The approval came after a last-minute meeting with restaurant owners over their concern with the law’s provision requiring them to seal off bar areas from their main dining rooms.

Under terms of the law, restaurants that want to preserve smoking in bar areas would have until Sept. 7 to submit plans to the city on how they will seal off those areas from diners. If the plans are accepted by the city, the owners would have until March 7 to construct the smoke-barriers, which must include separate ventilation systems for the bar and dining areas.

The law exempts bars, which are defined as establishments licensed to sell alcoholic beverages that derive less than 25% of their gross income from the sale of food.

The ordinance is scheduled to return to the council on July 7 for a final reading and go into effect 30 days after that.

County health officials applauded the new Moorpark smoking restrictions, which they vow to hold up as an example to urge other cities to adopt similar laws.

But Moorpark’s anti-smoking law could become moot if the state Legislature approves either of the two competing bills now wending their way through Sacramento. One of the bills would ban smoking in nearly all buildings other than the home; the other would allow smoking in factories, warehouses, bars, small restaurants and small businesses.

Both proposed laws would preempt local government anti-smoking ordinances, such as the one approved by Moorpark on Wednesday.

Nan Waltman, a senior health educator with Ventura County Public Health, said the council was correct in forging ahead with its own anti-smoking guidelines instead of waiting for state action.

“It’s really hard to say what will happen at the state level,” said Waltman, who has lobbied in support of the Moorpark law at several past council meetings.

“There are two competing bills, but we haven’t seen a lot of smoking legislation from the state. Cities certainly cannot wait for the state to take the lead in this serious health problem.”

Moorpark Councilman Bernardo Perez said he was happy to see the city move ahead on its own. “I think the council is very strong and clear in its intent,” Perez said before the meeting.

“A lot of people are saying, ‘Look, hold off, let the state do their thing,’ ” Perez said. “But there’s no guarantee that the state will do anything.”

Waltman said anti-smoking advocates will take the Moorpark law around the county to urge other cities to adopt similarly tough restrictions.

Smoking laws are on the books in seven other cities and the county, Waltman said, but most of the laws are five or six years old and require only that a portion of restaurants be set aside for nonsmokers and that employers make their best effort to provide smoke-free workplaces.

Moorpark’s action is already having an effect on other cities.

Ojai City Manager Andy Belknap said that after hearing about Moorpark’s ordinance, the Ojai council requested information on how Ojai could also become a smoke-free city.

“We have an ordinance that requires no-smoking areas in restaurants, which I think is pretty commonplace,” Belknap said. “Our council has asked us to come back to them with information on a stricter ordinance based on some of the information that has come out on second-hand smoke.”

Anti-Smoking Laws in Some Cities in Ventura County

MOORPARK: Under terms of the new ordinance, smoking is illegal in all public places except bars. All restaurants, offices and other enclosed places designated smoke-free, with the exception of bar areas within restaurants that are completely sealed off from the dining area and equipped with a separate ventilation system.

OXNARD, CAMARILLO, VENTURA: Smoking is illegal in most public places, including retail stores except tobacco stores. Restaurants may set aside up to 50% of their seating area for smokers and employers are required to provide smoke-free areas for nonsmoking employees to the maximum extent possible.

FILLMORE: Smoking is illegal in all city-owned buildings, including City Hall and the Senior Center. No regulation of smoking in restaurants, retail stores or any other enclosed area.

OJAI: Restaurants are required to provide nonsmoking areas for patrons.

SIMI VALLEY: Smoking is illegal in most public places. Restaurants can set aside up to 50% of seating for smokers. Employers must provide nonsmoking areas in cafeterias, lunchrooms and employee lounges, but can allow smokers to smoke at their workstations if other employees will not be affected.