At the January 22, 2015 City Council meeting, the Council adopted an ordinance amending the City Code to ban smoking in specified areas of the City.
In a unanimous vote, the Council adopted Ordinance Calendar No. 30,455, co-authored by Councilmembers Cantrell and Guidry, to amend and re-ordain Article II of Chapter 66 of the City Code relative to the prohibition of smoking tobacco, tobacco products, natural or synthetic marijuana, other plant products, and/or the use of electronic smoking devices within the City of New Orleans. This Ordinance will take effect 90 days from its adoption. The Council provided 15 minutes for public comment for speakers in support of the ordinance, and 15 minutes for those against.
Drafted with input from the administration, Councilmembers, and the public, the Ordinance bans smoking in:
•Bars, hotel and motel rooms
•Harrah’s New Orleans Casino and Fair Grounds Race Course & Slots
•Richard & Annette Bloch Cancer Survivor Plaza, Lafayette Square, and outdoor arenas, amphitheaters, recreational areas with playground equipment, and stadiums
•Schools, training academies, community colleges and universities
•Public buildings
•Workplaces with 2 or more employees
•Video poker venues, off-track betting parlors, and bingo parlors
•Correctional facilities
Per the Ordinance, smoking is permitted in/on:
•Private homes and vehicles
•Cigar or hookah bars in operation before January 8, 2015
•Shops that sell almost exclusively tobacco products, electronic smoking device businesses, and tobacco distribution or storage facilities
•Parking lots
•Convention Center during private functions during specific events
•Bourbon Street (which is excluded from the requirement forcing smokers to be at least 5 feet from establishment entrances)
Amendments which passed at the January 22nd Council meeting and were included in the final approved version of the ordinance include:
•Removal of the required 7 hours of community service penalty for those offenders unable to pay the $50 fine for violation of the smoking ban, allowing judges to determine the penalty for each offender;
•Removal of New Orleans Police Department officers as enforcers of the smoking ban, providing instead for enforcement by the City’s health, parks, recreation, code enforcement and permitting departments, and NOLA Patrol;
•Removal of the distance requirements from entrances and windows of establishments where smoking is prohibited
District “B” Councilmember LaToya Cantrell said, “Today we are making history, as we work together to foster change and growth in our City. This is only one component of the greater goal to make New Orleans a healthier and safer place. I want to thank my colleagues and the coalition of partners, community members and residents who have worked tirelessly to make an impact on public health in our City.”
District “A” Councilmember Guidry said, “This is an issue I’ve long considered to be critically important to our citizens. I am proud to co-author this Ordinance and I want to thank Councilmember Cantrell for taking the lead on this issue. Our actions today demonstrate our commitment to a healthier and better New Orleans for both our citizens and our visitors.”