Second of two parts
Re “Landlords Strong Enough to Bust Smoking Habits?”
[img]1915|right|Mehaul O'Leary||no_popup[/img]In City Hall’s two most controversial bans of the season – last June’s ban on plastic bags by small retailers and the upcoming prohibition of smoking in apartments and condos – the laws have not been and will not be actively enforced, as matters stand.
The city is not equipped to monitor dozens of venues.
“When smoking was banned in restaurants in 2000,” said Vice Mayor Mehaul O’Leary, proprietor of Joxer Daly’s Irish pub, “the law was complaint-driven. Some actions were taken. Notices were given.
“That is the enforcement direction I am thinking of” for the presumed apartment-condo smoking blackout.
“We didn’t have police going out and enforcing smoking rules in restaurants, and it worked. Word-of-mouth worked.
“People knew the rules. “Notices were given. All of a sudden, smoking in restaurants stopped.
“I would have thought that would have been a difficult one to change.”
In the multi-housing smoking ban, it has been reported by the City Council that fellow tenants could take alleged violators to small claims court.
Mr. O’Leary is opposed to government intervention, involving other residents taking smokers to court.
In the vice mayor’s opinion, how should violations be treated?
“We need to be able to give the property owners the tools, so that when a tenant complains ‘this guy next door is affecting my comfort in my own home,’ a penalty is in place.”
Mr. O’Leary said a fine should be imposed. He did not identify the amount.
