BURBANK EYES PROHIBITION ON SMOKING BAN WOULD COVER PUFFING IN MOST PUBLIC LOCATIONS.

Byline: EUGENE TONG  Staff Writer

BURBANK -- Another city where smokers can puff away in public may be butting out.

Following examples set by Calabasas and Santa Monica, the Burbank City Council has ordered the city attorney to research a municipal smoking ban.

At the urging of several residents, Mayor Todd Campbell and Councilmen Jef Vander Borght and David Gordon have asked staff members to report on the issue at a future meeting.

``It's very important that we look at it,'' Campbell said Friday in a telephone interview. ``I was in Austin and Las Vegas today -- walking through a public area where there's secondhand smoke. Not only is there a nuisance, it's a risk.

``I understand some folks are very touchy about this issue; that they, of course, want to preserve their rights. But the thing we actually forget about is you're (smokers) actually infringing on others' rights to a clean environment.''

Just last week, Santa Monica extended its ban on smoking to restaurant patios, bus stops, automatic teller machines and movie theater lines, and mandated a 20-foot smoke-free zone around nongovernmental buildings.

Smokers also can't light up on the Third Street Promenade or the farmers markets. Previously, only public parks, beaches, public waiting areas and the pier were smoke-free.

The move followed the March enactment in Calabasas of one of the nation's toughest municipal smoking bans, which includes all public spaces, apartment common areas, restaurants and bars.

Violators could face fines of up to $500 if they light up outside designated smoking areas.

The push by cities to ban smoking inspired resident Michael Eric Cap, who said public smoking on restaurant patios and outside bars is a growing problem in downtown Burbank.

``On San Fernando Road, you can't walk on the left side of the street from the mall to Olive (Street) without breathing in smoke,'' he said. ``There are places -- there's your home, there's your car, there are certain outdoor areas -- (to smoke) where there aren't children around.''

Cap urged the council to consider a ban similar to the one adopted in Santa Monica, but his activism and the city's interest has already created controversy.

One recent e-mail sent to the council called it a ``knee-jerk action'' that ``flies in the face of our freedoms.''

Gary Olson, executive director of the Burbank Chamber of Commerce, said city leaders must weigh a ban carefully to prevent any ill effects on downtown business.

``We want it to be as pleasant as possible for guests and visitors and residents,'' he said. ``That includes not only what's happening inside these restaurants, but the total ambiance of when they're walking down the sidewalks.

``It becomes a matter of, to what extent you put these regulations in place. The issue is personal rights and freedoms versus the well-being of the majority. These are fundamental questions.''

Campbell agreed.

``When you're open for business in the general public, you have to be mindful of everyone's rights,'' he said. ``If you want to create a downtown ... where everyone can participate, these are issues you have to look at.''

Councilman David Golonski said it's worth exploring.

``I would want to hear from the community a little bit more to see what they think,'' he said. ``Is it something that the city should legislate or is it something the owners of restaurants or business (should decide)?''

eugene.tong(at)dailynews.com

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