Friday, March 4, 2011

L.A. Smokers Beware: Starting March 8, You Could Pay Up to $500 for Smoking Near a Restaurant or Food Truck - Los Angeles News - The Informer

So, here it is...L.A.'s outdoor smoking ban is set to take effect this Tuesday, which ironically is Election day. I suppose that they don't think that we smokers vote. The sad fact is that many of us don't vote, this is precisely why our despotic "representatives" get away with the outright bullying of an already over-taxed minority.

L.A. Smokers Beware: Starting March 8, You Could Pay Up to $500 for Smoking Near a Restaurant or Food Truck

This "enforcement" of this ordinance falls under California Code 36900B, which makes one wonder: Just who has the ability to write these tickets? ...and just what is California Code 36900B?

(a)Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.

(b)Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

(c)Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.


So, do we have the right to challenge out accusers in court? If so, I say clog up the damn courts until this atrocity of an ordinance meets its deserved demise.

2 comments:

  1. Ha, they can fine you just for smoking near a food truck? That's absurd, good luck 100% enforcing that ban!

    And you are sadly right that too many smokers don't vote. I bet many of the past votes where smoking bans were approved(whether they are advisory referendums given out to college students to vote at the same time they vote for student council seats, or regular voter referendums for a city/town/village to approve a community-wide smoking ban) could've been stopped, if there was just a slightly higher turnout of both smokers and non-smokers that stood on the side of liberty and property rights. The November 2010 ban referendum in Fulton, Missouri is a great example of this(where it passed on a 54-46% vote), and so is another referendum in Emporia, Kansas in 2008, where it only passed by(get this!) 8 votes:
    http://www.fultonsun.com/news/2010/nov/02/fulton-approves-smoking-ban/
    http://www.emporiagazette.com/news/2009/apr/14/recount_confirms_smoking_ban_question/

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  2. "That's absurd"...

    What an understatement.

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