Sunday's Internet Edition, July 20, 2008.
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News editor -
A non-smoking ordinance that went into effect on July 1 is now on hold until Covites decide whether it really is what they want.
The hold on the ordinance came about when a committee formed by Diane Steele filed a petition asking city officials to put the ordinance on a special election ballot. This allows for the citizens of Copperas Cove to decide on the ordinance.
The petition was originally denied the first time it was turned in, due to lack of dates next to the signatures.
The requirement for the inclusion of dates is from the Texas Charter Code of Petition Applications and was not in the City Charter, which is why Steele did not know of the item.
The state charter calls for the signers printed name, date of birth, voter registration number, residence address, and date of signing.
In the original petition turned in by Steele, all but the date was listed.
Finding out about the need for dates next to the signatures was not discovered until Russell, along with City Attorney Jim Thompson sought co council for the Civil Service petition that had been turned in and denied earlier in the month.
After committee chair Steele heard the news of the denial, she got to work on collecting 300 more signatures, this time verifying that the dates were there.
An amendment to the petition was then filed with another batch of signatures. Out of 343 signatures, 332 were valid.
Now that the petition has been validated, the non-smoking ordinance that had been in effect will be put on hold.
The petition will be formally presented to the City Council during the Aug. 3 meeting. The petition will not be presented to the council during today’s meeting because it would have had to have been posted at least 72 hours before the meeting.
“I am just so glad to be done with this,” Steele said. “As long as the citizens have a chance to decide on what they want, then I’m okay with it.”
Now, the ordinance will be voted on in November, when citizens also vote for President.
Russell said that while they will have the special election at City Hall, she is still unsure if the ballots will also be available at other precincts.
City Council passed the non-smoking ordinance, 5-2, on May 18, which went into effect on July 1.
Under the ordinance, a person would commit an offense if they smoke in a public place; in a an enclosed area in a building or facility owned, leased or operated by the City; in an enclosed are of a workplace; or at a public entrance or open window of an enclosed area in which smoking is prohibited.
Exceptions to the ordinance included dwelling unites that are defined in section 20.7 of the Code of Ordinances for residential use, a hotel or motel room that has been designated as a smoking room, retail tobacco stores, outdoor areas of a workplace, private or semi-private rooms in a nursing home facility provided the room is designated for smoking or a bingo facility operated under the Bingo Enabling Act.
A facility operated by a fraternal organization is also exempt.
Steele said that her goal in forming the petition was to allow the public to have their voices heard.
“Let us make that decision on whether Cove is a smoke-free environment.” Steele said.
Steele said that she was upset with the councils’ decision to pass the ordinance even after a plea from the mayor to compromise on the issue.
In order to have a valid petition, Steele had to form a committee of five registered voters. They then had to file with the city secretary of their intentions to file a petition. The petition then had to be approved by the city secretary.
Once the formal petition was filed, Steel had 45 days to get the needed signatures.
After the petition was denied, the committee then had until Friday to correct the petition. That gave Russell another five days to verify the petition.
“At least now the citizens of Copperas Cove will have a chance to get their voices heard,” Steele said. “If they decide to pass the ordinance I’ll be okay with it.”