Today is the first day the city of Fultondale’s non-smoking ordinance goes into effect.

The ordinance, adopted by the city council in July, is one of the strictest in the state. It prohibits “smoking in plublic places, all workplaces and providing penalties for the violation thereof.” The ordinance prohibits smoking in almost any place where people gather, including indoor and outdoor privately-owned property, except for private residences.

Violation of the ordinance is not an arrestable offense, but rather is punishable by fines, which increase with each additional infraction within a year’s time.

“I think everyone is going to abide by it,” said Fultondale Mayor Jim Lowery. “I think most people are accustomed to doing things this way, anyway.”

Fultondale police did not return calls, but Lowery said the officers might start with verbal warnings at first, although it wouldn’t last long.

“When we were talking to the health department, they were suggesting we give warnings… But you can give warning after warning without anything happening,” he said.

Lowery said only a few businesses within the city had smoking areas before the ordinance was passed, including O’Charley’s and Oysters and Stuff restaurants, and that none had shown any resentment towards the ordinance. He also said incoming businesses, such as sports bar and restaurant On Tap, were notified of the ordinance before making their decisions to open in the city.

“We told Craig Beegel [owner and founder of the On Tap franchise] about the smoking ordinance, and I was worried he wasn’t going to like it. But, when we told him, he said, ‘yeah, okay, sounds good.’” said Stan Smith, real estate broker for Fultondale.

The ordinance states that a member of the general public will be fined no more than $50 for violating the ordinance at any time. Anyone who manages, owns or operates any place of business, employment or generally public place will be fined up to $100 for the first ingraction, $200 for the second within a year and $500 for each additional infraction within a year. Violations can also result in suspension or revocation of business licenses. Those same managers, owners and operators are also responsible for asking ordinance violators to stop smoking, and are required to contact law enforcement if violators don’t comply.

“My personal opinion is that the law isn’t the right thing to do. Business owners should be allowed to make their own decisions about whether or not to allow smoking in their businesses,” said John Douglas, owner of Home Field Sports Bar and Grill. Home Field was destroyed in the April 27 tornados, and Douglas is currently trying to re-open the business. Although Home Field is at odds with the city over the interpretation of some building codes, he said he doesn’t believe the conflict has anything to do with his stance on the smoking ordinance.

Lowery said the city may allow businesses to have special outdoor patios for smoking; however, a provision in the ordinance may make that difficult states that smoking is prohibited “in and within 20 feet of outdoor seating or serving areas of restaurants or bars.” Lowery said no businesses have shown significant interest in building designated smoking areas.