01-011-O
ORDINANCE NO. __________

AN ORDINANCE REPEALING ARTICLE VII OF CHAPTER 28 OF THE CITY CODE.

BY COUNCILORS STENBERG, STEWART AND PRESIDENT EDWARDS:

        The city of Duluth does ordain:

                Section 1. Purpose.

                        The city council is concerned because it appears that the smoking ordinance is arbitrary in that it applies different safety standards in similar environments, is unfair in that it allows exemptions for some businesses but not others similarly situated, and is unenforceable in that it imposes no penalties on businesses for failure to comply.

                Section 2. That Article VII of Chapter 28 of the Duluth City Code, 1959, as amended, is hereby repealed in its entirety.

                Section 3. This ordinance shall take effect 30 days from and after its passage and publication.



STATEMENT OF PURPOSE:   The purpose of this ordinance is to repeal the portion of the City Code dealing with smoking in public places. The purpose of repealing the existing ordinance is to facilitate further study of the issues that have been raised since the ordinance was originally passed. Hopefully, this will result in a new ordinance which will better achieve the council's original objectives while avoiding as many of the problems which have come to light as possible.