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April 16, 2008

LAist Inbox: $200 Ticket for Smoking on a Burbank Sidewalk?

Burbank Smoking Law
Photo by marcbenton via Flickr

On LAist's "Contribute" page, there are three ways you can participate: submit a link, join the LAist Featured Photos group on Flickr or leave us an anonymous tip. And one reader did more just leave a tip, he submitted an entire rant. It's a good rant and it raises good questions regarding policing for sidewalk smokers, local economies and police resources:

Last month I was in downtown Burbank for an evening out with family, after dinner I stepped outside the restaurant and lit up a cigarette. Moments later my Girlfriend and I were approached by two police officers on bicycles, and cited for smoking a cigarette in a public area.

When the cops rode up on us, they said "Did you know you can't smoke here in downtown Burbank?" we politely said "No" and extinguished our lit cigarettes. Allow me to add, I am nearly 30 years old, I pay my taxes, I obey speed limits and I can't remember the last time I intentionally vandalized private property. I am an adult, as an adult I take certain liberties, one of which is enjoying a post dinner cigarette instead of simple warning, we issued tickets that cost us $200 each. While awaiting my arraignment, two people plead guilty to misdemeanor marijuana possession, and received a $280 fine. So, I could smoke an illegal substance, or a legal product, and receive roughly the same punishment.

We live in nearby North Hollywood and frequent many shops, restaurant, gas stations, and bars in the Burbank area, or should I say we used to. I, along with anyone who I know will now avoid the city all costs.

Now, I understand all the risks and health issues that are associated with cigarette smoking, yet this law is solely an attempt by the city of Burbank to collect an obscene amount of money. While in court today, there were six other people issued the same fine.

If I lit a cigarette inside a bar or restaurant and received a ticket, it would be understandable, a new law that is not close to common knowledge should not be enforced to this extent. A simple warning would be sufficient.

If I were a business owner in Burbank I would be furious, and frightened, not to say all people who eat dinner and go to bars smoke, but a good majority of folks enjoy a cigarette if they have a few drinks, or a big meal.

This will effect the local Burbank economy in several ways, they have already collected $400 from my household, but I assure you the thousands I may have spent on a myriad of products will now never happen.

I truly believe the police officers have better things to do than write tickets to adults for smoking a cigarette. The officers took roughly 20 minutes to write us these tickets, if you count the 6 other people cited the same night, that's over two and half hours of time that could have been spent patrolling the streets for people actually committing crimes.

It's not right, we should all be outraged that our tax dollars pay the cops salaries to address these types of "crimes."

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Comments (56) [rss]

At least the cops were biking and not riding around in SUVs like many proponents of such laws.

 

They should count themselves lucky that they weren't cited for littering after leaving their extinguished cigarette butts on the sidewalk (something almost every outdoor smoker does without a second thought).

 

Um, who said they left their butts on the sidewalk?? I mean, besides Wilberfan??

 

this has been the law in burbank for several months now . no smoking within 20 or 25 feet of an entrance or open window . its hard to enforce and is no doubt being handled poorly with near draconian enforcement policies . but as they say , ignorance of the law is not an excuse .

 

Uniformed fundraisers. I don't smoke but this seems way unfair to smokers. That's robbery.

 

poor, poor baby. if you quit smoking i'm sure all that money you'll save on packs of cigarettes will pay your ticket.

 
I am nearly 30 years old, I pay my taxes, I obey speed limits and I can't remember the last time I intentionally vandalized private property.
these things would be relevant if you were fined for being too young, not paying your taxes, speeding, or vandalism.
 

Gee whiz blazingshark, it's as if you think that someone standing on the sidewalk having a smoke somehow affects you in any way.

 

If blazingshark happens to be walking on that sidewalk, it just might.

 

The cars driving by on the street have more of an effect than someone smoking on the sidewalk.

That said, the law was pretty well publicized. And ignorance of the law is no excuse.

Still, the best solution is a boycott. Personally, I won't be purchasing anything in Burbank. With NBC leaving, Burbank will need all the help it can get.

 

The only thing this article has done for me is turned me on, I almost cant wait to go to Burbank and smoke on the sidewalk and then throw my butt in the street. I must be a sick f`ck because I cant wait to do it.

 

I think the part that's missing, in the article is that the smoking ban isn't about policing the "adult" that is smoking. But about making sure innocent bystanders aren't subjected to second hand smoke.

While a 30 year old man, who obeys laws and doesn't speed may think he knows what's be for him, he completely oblivious or just doesn't care about the people around him.

Personally I'm glad you smoke.

 

This policy has been on the books for almost a year now... We wrote about it in December when some of the businesses were beginning to feel an impact in terms of loss of business, as well as local workers feeling put out, due to the law.

It's frustrating to not be aware of a law, but it's not an excuse. It's an interesting time we're in with local governments implementing laws about smoking in public spaces...and even in rental units.

 

The law is fine. Its the idiot cops who wrote the ticket instead of just a warning who are the evil-doers here.

 

I live in Burbank and I don't smoke. Never have. When I noticed the posting near the entrance to my building, prohibiting smoking within 20 feet, my first thought (believe it or not) was for smokers. On a certain level, I feel as though the trend of putting smokers into a smaller and smaller box to the point where a box is a rather chicken shit way of dealing with a public health issue.

However, when I read comments such as abberrant's that seem willfully unconscious of public smoking's negative effect on the people around them, my impulse goes the other way: round 'em all up and dump 'em in the pokey.

 

Forgive the poor editing on my comment above.

 

I consider myself a fairly informed smoker, and I had no idea about the law in downtown Burbank. Every different part of LA has different laws about public smoking, and many times there are no clear signs tell tell you what the specific laws are. I'm happy to abide by them, but I need to know what they are when I'm not in my own neighborhood.

And besides that, I have never encountered so much hate for being a smoker before I lived in LA. We all have vices that affect one another, so chill out, jeez.

 

"We all have vices that affect one another, so chill out, jeez."

actually, no. i don't see how my love of twizzlers, rocky road ice cream, diet coke or newcastle (i'll stop 'cause i can go on for days) affects anyone else around me.

there is no secondhand sugar rush or secondhand buzz that can give others cancer.

 

I think they should round up all of the secondhand smokers and put them in the clean air jail for their own protection.

They are irrational.

 

This law has irked me since I learned of it.

If Burbank (and Calabasas too), are going to sell cigarettes within the city limits, and are collecting TAXES off the cigarette sales it seems hypocritical to ban smoking. By banning smoking in certain areas, the city should be prohibited from selling and profiting off taxes in those areas. Take away ALL the taxes they reap from cig sales, and see city funding drop. leading to... Less funding for cops to write tickets!

It makes no sense for a city to profit off of a sale, then ban you from indulging in it.

 

I hope the smokers who get this riled up about having their "rights" trampled on find another outlet for that passion. I'm a bleeding heart, but on my list of oppressed minorities, smokers come in somewhere around 4,000th.

 

hypersquared - I am not willfully unconscious. I am only being logical. I do not believe, and you cannot show me any real evidence (not propaganda), that catching a whiff of diluted smoke while you are outside will affect you anymore than anything else that is already in the air. I'm not talking about enclosed spaces with little ventilation. Being outside, by definition, is as ventilated as you can get.

 

Aberrant, isn't it enough just that the smell bothers people? We have noise codes that say you can't play music at a particular volume, not because it damages people's ears, but because it simply bothers people. Smoke stinks. I would venture that most smokers know this. I won't extrapolate to smokers at large, but most smokers I know don't smoke in their own homes, for this very reason. And they crack their car windows for the same reason. When I walk past a smoker, the smell bothers me. Not enough for me to go campaign for an ordinance, but if the people of Burbank feel that strongly about it, there's no reason for them not to ban it.

 

PaulK, that would have been my precise response. I don't expect to get cancer by occasionally being in the presence of smokers, whether indoors or outdoors, but that doesn't mean it isn't extremely unpleasant. In general, if I've been eating outside, for instance, I've been willing to change tables or just deal. It's just when I hear (some) smokers insist, "I'm not bothering anybody!!" that's when my rankles go up. Then why is everyone around you fanning the air and giving you a 30 foot berth? For the exercise?

 

Well, thanks for being honest, paulk and hypersquared. But you might want to revist the idea of banning personal behavior just because you don't like it. Can you think of other things that are outlawed, or things that certain people want outlawed just because they find them icky? I sure can. More personal freedom is better than less personal freedom.

 

Uuuuhhh... personal behavior in public is regulated pretty much everywhere in the world, depending on the values of the community. This is as old as law itself. They're called nuisance laws.

Someone already mentioned noise laws. Also, public nudity is illegal because we don't want to be looking at your naughty bits. Public drunkenness is illegal not just because a drunkard is a hazard but also because he's obnoxious. Stinking up the joint can reasonably be put into this general category.

Now, I've already indicated that I think smoking laws have gone a bit far. I'm not really an advocate for them. I just mean to say that my benevolence wanes a bit when I hear smokers deny the effect they have on their environment. You want to spew some fumes after lunch? Okay, I can deal if it's only once in a while, but please don't pretend that you're unaware of the effect.

 

Aberrant, I think it's important to distinguish between banning smoking and banning smoking in a particular place. If Burbank didn't allow smoking in private homes, I would have a problem with that (although I am not without sympathy for neighbors of smokers in apartment buildings, like that couple that sued in New York, because my old apartment always smelled of my neighbor's smoke.)

BTW, takemebacktola, there really is no correlation between allowing sales of cigarettes and banning smoking on public sidewalks. They allow alcohol sales and prohibit drunk driving and public intoxication. They allow sales of guns, but don't let you walk around shooting them. They sell sex toys, but you'll get arrested for using them on public sidewalks. I won't belabor the point further.

 

Who wants to hang out in Burbank anyway?

 

As a smoker, this argument just gets under my skin and pisses me off to no end.

The thing that bothers me about it is the reasoning and logic behind this law.
*gets into her serious politician voice*
"We have to protect the people!"
"yeah!"
"We have to protect the children!"
"yeah!"
"These filthy smokers are polluting our lungs with their foul cigarette smoke! It must be eliminated!"
"BURN THEM ALL! YEAH!!!!"

Ok, I went a little overboard at the end, I'll admit that much. But really, imagine this:
You're walking down the street, casually strolling through downtown Burbank on a busy night (ha). As you walk, you pass by someone smoking a cigarette. Perhaps as you walk, you maybe inhale a tiny bit of the smoke through your nose. You continue walking, no break in your stride, and within seconds, the smell is gone and you're breathing, mostly, fresh air again.

No one will get Lung Cancer from the occasional inhalation of second hand smoke that occurs from walking near someone that's smoking.

What will you most likely get Lung Cancer from? Living right next to a freeway. Or hell, even just living in Los Angeles. The air sucks here. Especially in the summer, or when there's a wildfire. No breeze, plus weekday traffic, plus heat = a day to stay inside wearing a gas mask.

I know this has been a long rambling comment with a few tangents but my point is this:
-It's ridiculous, unnecessary and really not doing anything to protect public health.

@iseulb - I agree completely.

 

christina-

your love for twizzlers and rocky road would affect everyone around you because you will gain weight and the rest of us will have to watch you lug your fat ass about town and that may cause me to lose my lunch. Diet Coke may not affect others but if you drink newcastle and go for a drive (which im sure you insist youd never do) but have enough of those wonderful newcastles and you may be overweight AND drunk driving.

 

also, does anyone actually believe this law is to "protect public health"? thats just stupid talk.

 

cgabrial, you're just ignorant. really.

my love for certain things does NOT mean i will, or do, overindulge. quit your bitching and deal with the fact that not everyone enjoys breathing in secondhand smoke.

and to redmercury who said "With NBC leaving, Burbank will need all the help it can get." i wonder how much time you've actually spent in burbank. nbc is not the only studio in town.

 

cgabriel, your insults to christina will sound even funnier when you say them out of a hole in your throat.

 

Im not the one bitching. I dont bother anyone around me, whether they are smoking cigarettes or sucking each others c0cks in the back lot of a del taco, if they are outside in the free air, they are entitled to do whatever the hell they want. I will live by that rule until they lock me up, and theyd be hardpressed to even do that.

p.s. paulk, I dont even smoke.

 

If you people are looking for a sheltered, perfect world, there is a great town called Celebration, Florida. Look it up, there is absolutly no smoking, swearing, fighting, or fellatio of any sort allowed. However, it is acceptable to blow your own head off.

 

This is all about one thing and one thing only and that's making money. Do you really tyhink the Burbank politicians care about your health? Get real they care about your money and that's the end of their story. If they cared about health maybe they would clean up the rats in downtown and maybe even get rid of all the alcohol in downtown. Oh wait they make lots of money on selling people they know will drive home drinks don't they. Those politicians don't care about you, me or anybody it's just about money for them so if people stop smoking they will just find another way to take your money.

 

The stores in Burbank Downtown pretty much suck anyway but what do you expect of a place that has a theater, bars and a smoke shop as the number one places people go into. I wonder if the politicians even shop there oh I think I see them at the smoke shop all the time.

 

defintely all about getting their hands on some money. after all, how else will they pay the city counsel their exorbitant salaries of $13,000 each? wait a minute...

http://www.ci.burbank.ca.us/finance/2005-06%20Adopted%20Budget/CityCouncil.pdf

 

The city of Burbank has always prided itself on hard-lined law enforcement, including on "quality of life" issues such as the smoking ordinance. The upsides to the proactive city council and police enforcement include higher property values, lower serious crime rate, and responsive city services to its residents. There are always tradeoffs in life, right?

Most persons charged with the Burbank Smoking Ordinance accept the offer by the prosecutor and judge to an infraction violation of the same charge and a fine of about $400. A misdemeanor violation of a local municipal code charge carries up to six months in jail and $1000 fine.

If you are charged with violating this smoking ordinance, you are entitled to proceed with this charge as a misdemeanor, hire an attorney or obtain a public defender, and proceed to a jury trial.

The Burbank Leader
has provided good coverage on this subject, FYI.

 

Something tells me the ranter left some information out. Like the sign informing him not to smoke so close to the building which he ignored when he lit up and the cussing he did about 'stupid laws' etc.

Btw, Smokers are ignorant and inconsiderate

http://www.stopsmokingmoron.com/why-smokers-are-stupid-inconsiderate-dirtbags

 

Porkchop sandwhiches

 

johnnye:

I'm always considerate of people around me. In public, I only light up in a smoking area or an isolated area if there are no designated smoking areas and I don't treat the world as my ashtray. I know there are inconsiderate smokers out there but not all are.

 

The thing I got from reading this rant was that this guy is going to completely avoid going to a nearby section of town with a lot of frequented spots just because he can't smoke for an hour or two while he's there.

Okay, he paid the chickens*** fine, and now he knows the law. What is this... some kind of protest? I'm pretty sure the city of Burbank doesn't give a flying f*** if he doesn't visit them anymore, because most reasonable smokers will just stop smoking by entrances.

He's just inconveniencing himself with this little fit, and even though it's under the guise of principality, it's really just a baby whining because things didn't go his way.

 

Welcome to the Nanny State.

If it's bad for you, it should be illegal, right?

Let's have fines for wearing too much perfume, being overweight, DWU (driving while ugly) and not being in a nice cheerful mood. Those things are all bad for you too.

I won't have any more trouble avoiding spending my money in Burbank than I did with Santa Monica.
None. Zip. Seeya.