By Kim McDarison
An ordinance limiting the proximity of smoke shops to schools within the city of Fort Atkinson garnered first reading approval from the city council Tuesday.
Language within the proposed ordinance stipulates that the city council “finds and declares” that “tobacco is the leading cause of preventable death in the United States and the leading risk factor contributing to the burden of disease in the world’s high income countries …,” social norms about smoking influence smoking rates, particularly among those not addicted …,” and “local regulations are necessary to control the location and operation of the sale or exchange of tobacco products for the protection of public health, safety and welfare.”
The proposed ordinance disallows the sale of tobacco, nicotine products, electronic smoking devices, and associated paraphernalia within 1,000 feet of the nearest point of the property line of a public or private school.
Establishments that derive more than 50% of their gross income from the sale of such products are subject to the proposed ordinance, the proposed language states.
During Tuesday’s meeting, Fort Atkinson Police Chief Adrian Bump, addressing members of council, said that several weeks ago, when he learned that a second store selling tobacco and tobacco-related products would be opening near the high school, he became “frustrated.”
Smoke shops located within the city of Fort Atkinson include Vapor 101, 1309 Madison Ave., and Tobacco Land, Inc., 211 Washington St.
Members of the city’s Plan Commission recently approved signage for a third shop: Extreme Smoke, which will be locating at 1642 Madison Ave.
Both Madison Avenue shops are within close proximity to the high school.
Said Bump: “It really frustrated me because it’s the second store that’s going to open right next to our high school and allow easy access for youth to obtain those items.”
Bump said he was “upset” when the first smoke shop arrived in 2017, but, he continued, “(I) didn’t think there was really anything I could do about it, and then … I heard that the second one was going to open and it motivated me to start researching and asking a lot of questions — asking questions of the city manager, researching online, looking into zoning codes and other things that other communities in the nation do — and it brought me down a path that made me understand that we as a city can set ordinances that restrict distances and we can also set zoning codes that restrict the opening of businesses that are next to specific locations like a school.”
During his research, Bump said he learned that in the United States, 60% of schools are within 1,000 feet of a retailer that sells tobacco or nicotine products.
“So that means a good portion of our youth are walking past those locations everyday, are exposed to the marketing, and are exposed to the temptation or the easy access. And also if you look at just the teen perspective, 44% of teens in the United States go to a school that’s within 1,000 feet of a location like this. And that, I think, is worth a reminder that Fort Atkinson is within that 60% and that 44%. We are within that number, and why do we have to be?” Bump asked.
Bump told council members that he believed more must be done to look out for the wellbeing of the community’s youth.
“That’s why I’m before you today, hoping that we can move forward with this ordinance knowing that we have two businesses, or are soon to have two businesses, within that location and this ordinance would not affect them, but let’s stop it from happening any more than it already has,” he said.
City Manager Rebecca Houseman LeMire reminded those in attendance that the ordinance would only apply to establishments that derive more than 50% of their gross income from the sale of tobacco and nicotine products, electronic smoking devices and associated paraphernalia.
“It does allow for grocery stores and other types of businesses to locate within 1,000 feet of a school,” she said.
Council unanimously approved the first reading of the ordinance and instructed city staff to prepare the measure for a second reading to be placed on the council’s Feb. 1 meeting agenda.
City of Fort Atkinson ordinances and amendments that change them are subject to three readings unless waived by the city council.
A story about the proposed ordinance which earlier came before the city’s Ordinance Committee, is here: https://fortatkinsononline.com/proposed-ordinance-limits-proximity-of-smoke-shops-to-high-school/.
File photo/Kim McDarison
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