[bouldercouncilhotline] Hotline: Smoking ban

[cmosupport at bouldercolorado.gov]

Sender: Becker, KC

The first reading for the proposed smoking ban on Pearl Street is tomorrow night. 

I have a question for Police Chief Beckner and our city attorney and since Chief Beckner isn't typically at our meetings, I'm posting my question to the hotline. If it is appropriate for Municipal Judge Cook to weigh in, that would be appreciated (although it may not be customary for her to do so. I'm not sure how that works).

I'm glad to see this matter come to Council. My primary concern though is with the penalty. The memo states, "the fine will be a standard general offense violation with a maximum of $1000 fine and/or 90 days in jail, which would be determined by the presiding judge."

Staff's memo to Council also states, "From an enforcement standpoint consistency with Boulder's existing penalty scheme is desirable to police writing citations."

It seems to me that 90 days in jail is a pretty onerous penalty and in fact in the list that staff provides of some other cities with smoking bans, I see only one city (Colorado Springs) that includes potential jail time as a penalty. 

What is the rationale- beyond consistency- for allowing jail time for a smoking offense and if it's only consistency, why is consistency so important? I'm sure that the penalty could also be consistent with other offenses that don't require jail time. Also, when would the police or the city attorney seek jail time? 

I also see only one city with a potential penalty as high as the one proposed by Boulder. I have similar questions about this penalty.  When is the penalty likely to be as high as $1000? Is it proposed to be this high because staff doesn't think a lower fee would be as effective? 

Can staff provide some alternative examples of penalties which aren't so heavy? Can staff provide some context for the proposed penalty in Boulder's existing penalty scheme? I.e. what other offenses have similar penalties? What offenses have lighter penalties?

Thanks,

KC Becker