The Columbus City Council Tuesday scheduled a public hearing — to be held Nov. 24 at 5 p.m. in the Columbus Municipal Complex — on a proposed city smoking ordinance.
The ordinance, which largely is modeled after a Tennessee state law, bans smoking in “all enclosed public places,” including restaurants, but allows smoking in “age-restricted venues” — or bars, restaurants and other establishments which only allow people age 21 or older to enter — and “private clubs,” which restrict access to the general public.
Additionally, the ordinance allows businesses with three or fewer employees to designate enclosed smoking rooms, inaccessible to the general public, and provides exemptions for “non-enclosed areas of public places, including, open-air patios, porches or decks.”
Citywide curfew
In other matters, the council issued final approval of a citywide curfew ordinance, effective immediately.
The council initially approved the ordinance, which increases the penalties associated with violations, making parents responsible for their children, on Oct. 20.
The ordinance stipulates a “minor or compulsory-school-age child” can not “hang around” or “loiter” between the hours of 8:30 a.m. and 3 p.m., City Attorney Jeff Turnage earlier said.
Additionally, the ordinance stipulates a minor or compulsory-school-age child cannot loiter after 11 p.m. on Sundays through Thursdays and after midnight on Fridays and Saturdays.
Anyone found in violation of the ordinance will be taken, by the Columbus Police Department, to a youth detention center and their parents or guardians will be notified.
Once the parent or guardian arrives to pick up the minor, the parent or guardian will receive notice a second violation will bring a fine of $125 or community service for the parent or guardian.
Subsequent violations mean escalating penalties, up to as much as $500 or 50 hours of community service, for the parents or guardians.
Building codes
The council Tuesday also gave the owner of an apartment complex, located in the 800 block of 12th Street North, 45 days to bring the complex up to code standards.
Attorney Steve McEwen represented the complex owner, Robert Merchant of California Commercial Investors Inc. (CCI Real Estate); Merchant did not attend the hearing.
McEwen said Merchant bought the property, at Eighth Avenue and 12th Street North, about 18 months ago and spent “over $50,000 maintaining the property.”
Additionally, he noted the city claims the building is dilapidated, with broken windows “that weren”t properly boarded up.”
“The problem is continual vandalism in the area,” McEwen said, noting a full-time maintenance person is employed at the complex.
“It”s become an eyesore,” said Ward 5 Councilman Kabir Karriem. “It”s a haven for illicit activities; crime is rampant and I”m very concerned for the people who live there.”
“Would you stay there?” he asked McEwen, who hesitated before responding.
“I share your concern,” McEwen said. “I would suggest it”s not my client”s duty to keep law and order.”
“He does have a responsibility about the type of people (who live and visit there) and whether he”s condoning that behavior,” said Columbus Police Chief Joseph St. John.
“He”s in California, so he”s not capable of policing the area,” McEwen said of Merchant. “It”s the Police Department”s obligation to protect the city.”
“I can tell you some Supreme Court cases where the owner was held liable (for assaults and other crimes in common areas of the property),” said Turnage. “They do have an obligation to provide a safe and habitable place for residents.”
“Some of the places over there are inhumane,” said Karriem, noting he visited some apartments in the complex, while campaigning. “It behooves your client to bring these up to code or the city has to condemn these properties, because they”re bad.”
“These are the kinds of things that bring those people in there,” Ward 2 Councilman Charlie Box said, referring to the broken windows, of which the council had photographs.
“My client wants to comply, if he can, but we need to know what (compliance) means,” said McEwen, who agreed to tour the complex with a building inspections official, Zoning Officer Kenny Wiegel, Karriem, and Federal Programs and Building Inspections Director George Irby.
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 36 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
