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Council passes conditional smoking ban in parks

It’s going to be tougher to smoke in Derby’s parks.

At its Sept. 10 meeting, the City Council approved an ordinance banning smoking and vaping from outdoor gathering areas and within 20 feet of those spaces.

The ordinance also added e-cigarettes to Derby's Clean Indoor Air Ordinance and put the same restrictions on vaping as smoking. That part, however, didn’t spark the same examination as the subject of smoking in the parks.

The measure passed by a rare 5-3 vote and came after 36 minutes of discussion, some of it centered around how far the city can go in restricting personal choices and when someone’s acts adversely affect another person.

It was a matter of balancing individual rights versus the public good, said member Andrew Swindle.

One thing was certain: the council was going to do something about the issue that evening. At one point, member Cheryl Bannon, the senior member of the body, firmly stated there could be no more attempts to push off making a move until another meeting.

“We just need to make a decision now,” she said.

This was the third reading for the ordinance. The action passed comes from an ordinance presented on July 9 and the majority was comfortable with the way it was written.

Basically, smoking is forbidden in areas such as bleachers, playing fields, shelters, and playgrounds with the operative language of “when people are gathered in those spaces.”

Provides police with options

If no one else is present, a solo smoker may indulge in his or her practice provided current rules are followed.

Currently, smoking is prohibited inside park facilities, according to the city’s website.

“Smoking is allowed on the patios only, where there is a butt can, and smokers must stay at least 20 feet from doors into the building,” the policy states.

On the other hand, smoking is now allowed in open areas of parks, unless signs are posted indicating otherwise. City Manager Kathy Sexton said she believes that the only places those signs exist are the softball fields at High Park and Rock River Rapids.

Also, under the new rule, if organizers wish, smoking areas could be designated at community events in parks if the organizers so desire.

The matter first came up at the June 25 meeting, came back in July and now is completed.

There aren’t many complaints about smoking in the parks; however, Deputy Manager Kiel Mangus, who researched the subject and presented his findings to the council, said it’s good to have something on the books in case enforcement is needed.

The police are not going to be patrolling the parks looking for violators, but if a complaint is called in and the individual refuses to put out his or her smoking material, the police have a law to fall back on and could arrest that person and make a charge.

Member Tom Keil said the crux of the matter is when people gather.

“That’s when you would get the complaint,” he said. “When people are alone, there’s no complaint.”

Vaping a current pressing concern

At one point in the back-and-forth discussion, member Jack Hezlep wondered if the council was making too big of a deal out the issue, saying that “most people have common sense.”

But others said it was necessary for health reasons and it now includes vaping, which has been in the news recently after serious injuries and deaths have been traced to its use.

Swindle also brought up the point that smoking is going to continue to be a prominent community health issue and, in the future, the council may have to consider revisiting it if marijuana use is legalized. States around Kansas have legalized its use and that may be the case here, too, he said.

This ruling just covers tobacco and vaping, Mangus said.

There was another option for the council to consider – which it didn’t approve – and that was to ban smoking outdoors in all public parks except for specially designated areas.

Those would be spaces tied into private rentals at Zimmerman Shelter at High Park, the Lodge at Warren Riverview Park and The Pavilion and Venue at Madison Avenue Central Park.

Despite the disagreement among the council, member Mark Staats said there are no hard feelings on either side and the members can agree to disagree and move on to other matters.

For his part, Swindle said the multifaceted subject gave the members a chance to consider how far it can and should go to regulate personal behavior in public spaces.

“This is a fun one, isn’t it?” he asked as the discussion wrapped up.

Citizens help seek the direction for city’s future

Derby resident Lisa O’Hair spent a bit of a recent afternoon examining concepts for the city’s future at the Vision Derby 2040 Design Studios event.

She said it was time well spent and got to make a point of wanting to make the city a more environmentally friendly one.

“We love Derby but it’s not that ‘green,’” she said.

O’Hair said she and her family, who have lived here for 4-1/2 years, would like to see more emphasis on the environment, including opening up space for community gardens and additional stress on recycling.

O’Hair, a young mother of four young boys, also wants to see more trees and said “going green” is a vital attraction for people of her generation.

“It’s a big issue for us,” she said.

There were four sessions of the Design Studios at The Venue in Central Park.

The come-and-go sessions were set up for people such as O’Hair to visit, take in information, ask questions of planning and city officials and make their input known for Derby’s future.

“It’s really informal,” said Charlie Cowell, an urban planner with the Omaha-based firm of RDG Planning and Design, which is handling the process.

The sessions were about creating concepts and as people come in, getting their reactions to them.


City Council member John McIntosh, left, goes over plans with Marty Shukert, principal with RDG Planning and Design. There were four open sessions held at Madison Avenue Central Park. 

The process creates a road map to guide future land use, transportation, housing, parks, streets and other public infrastructure, said Dan Squires, Derby’s Director of Planning and Engineering. It will consider the challenges and opportunities citizens can expect to face during the next 20 years.

Mixed-use development

The goals are to continue to be a community of choice and to retain a small-town culture of patriotism, community pride, and neighborly help, he said.

The RDG team, which was in Derby for three days, is about at the halfway point in its planning process, and is starting to put concepts down on paper. It also met with the 2040 steering committee, and will be back again in October.

There will be a break in the process and then the team will be back in early 2020 to wrap up the process, which includes the city’s walkability plan.

One aspect that continues to float to the surface is how to increase mixed-use development in Derby.

That means blending housing and commercial enterprises in a compatible manner. It’s a nationwide trend, Cowell said, and something that many young people are looking for. It also benefits senior citizens who may have transportation challenges and could put them within easy walking distance of a grocery store or medical services.

It would take changes in the city’s zoning laws, but it’s all possible to implement, he said.

“That’s something we can propose,” he said.

Another attendee, Scott Knebel, said he was simply interested to see where officials were in the process. He’s taking an open-minded approach to the city’s future, but did add that having a plan in place is necessary.


Scott Knebel reviews an information panel at the Vision Derby 2040 Design Studios event. Having a plan in place for the city’s direction is essential, he says.

Ideas coming from residents

“They’ve needed to do this for a while,” Knebel said.

Mayor Randy White, who also stopped by the first session, echoed that sentiment.

“It’s absolutely important to have it [a plan],” he said. “How do you know where you’re going if you don’t have direction? This just makes sense.”

Without a plan, the city can get to a position where it boxes itself in and is rudderless, he said.

White also emphasized the need for citizen input and action from the grassroots up.

“The best ideas are coming from our citizens,” he said. “We will pick up those golden nuggets and listen to the people.”

Even second graders are interested in civic matters.

“They ask me how we fix sidewalks because they walk on them,” he said.

Of course, not everything can be done on a wish list as there’s a budget to work with, but White added that it’s the city’s job to work with residents on overall priorities.

Cowell said he was pleased to get comments from the public and the emphasis is to make the plan as transparent as possible.

“That’s the whole idea,” he said.

If you weren’t able to attend the session, input is still being taken at www.VisionDerby.com.