Milwaukee aldermen can't agree on how to enforce smoking ban

Jul 8, 2010 — Milwaukee Journal Sentinel

Larry Sandler

Jul. 8, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- The Milwaukee Common Council delayed action Wednesday on a measure to enforce the new state smoking ban, after a lengthy debate over who should write tickets for violations and how the city would define the enclosed areas where smoking is prohibited.

Until the council acts, only police and sheriff's deputies are authorized to enforce the ban on smoking in bars, restaurants and other buildings, and any tickets they write would be referred to the Milwaukee County district attorney's office for prosecution in Circuit Court, Deputy City Attorney Linda Burke told the council. The state law took effect Monday.

Wednesday's debate focused on a measure to write the state smoking ban into city ordinances, which would allow violations to be prosecuted by the city attorney's office in Municipal Court, where the fines levied would flow into the city treasury.

But the ordinance also would define enclosed areas differently than the state law. Tavern owners believe the state law would allow smoking in a bar that has large open windows on two sides, Assistant City Attorney Robin Pederson said. The city ordinance would allow smoking only in areas that have no more than two walls and a roof, Burke said.

Ald. Robert Bauman said the city shouldn't adopt a measure tougher than state law without hearing more from taverns about the effect on their businesses. Aldermen Terry Witkowski and Michael Murphy said the city should clarify its stand before tavern owners spend thousands of dollars on renovations in what could later prove to be a fruitless effort to allow smoking.

Witkowski also was forced to hold off on a bid to empower city health and building inspectors to write tickets. Opponents said that move needed further study.

The issue will return to the council floor July 27.

Also Wednesday, the council approved tougher regulation of stores that buy and sell used gold jewelry.

Those businesses, and some other secondhand stores and pawnbrokers, will be required to photograph the items they buy, as well as the sellers. The pictures then would be posted on a police website. Witkowski pushed the measure as a more efficient way to track stolen items that thieves and burglars are trying to exchange for cash.

Secondhand clothing dealers will be exempt from the requirement, however. Police say those businesses aren't a problem, Witkowski said.

The council also ordered city lobbyists to seek state legislation giving municipalities more power to regulate gold-buying businesses.

With the price of gold soaring, more stores are entering the gold business, and more communities are concerned about regulating them. Greenfield and West Allis already have similar ordinances, the St. Francis Common Council approved new rules for such businesses on Tuesday and legislation is also under consideration in Wauwatosa and Greendale.

In other action, aldermen:

--Sold the former Finney Library to Wisconsin Lutheran College for $125,000. The college plans to house part of its pre-college programs at the building, 4243 W. North Ave., which has been vacant since 2003, when the city opened the nearby Washington Park Library.

--Allocated $200,000 in federal funds to deal with boarded-up and vacant foreclosed properties. Police will receive $110,000 in Community Development Block Grant funding for overtime to add extra patrols around those properties, and the Department of Public Works will get $90,000 to pick up garbage and care for vacant lots.

--Formed a task force to study issues surrounding the high unemployment rate among the city's black men.

--Granted historic status to the Hummel-Uihlein building, an old commercial structure at N. King Drive and W. Center St.

Newstex ID: KRTB-0130-46784026