A petition to repeal Conroe’s new smoking ordinance failed to get the required number of signatures, thus leaving the smoking ban in place for public place, private businesses and city parks.

“It is what it is,” said Mayor Webb Melder. “We are bound to follow the laws of Texas, just like they are.”

While the petition included 796 signatures, only 149 were found to be valid. The organizers needed 461 signatures, a percent of the registered voters from the last election, to require the city council to repeal the new ordinance or take it to the voters for a public referendum in May.

“We could only verify 149 signatures,” said City Secretary Marla Porter. “This falls short of the required limit. Since they did not meet that required number, the petition is not valid.”

Porter said 396 signatures were from addresses outside the city and 225 were not registered voters. Another 26 signatures could not be validated, Porter said.

The new city ordinance, passed in October, provides one of the most comprehensive smoking bans in the Houston area.

In addition to prohibiting smoking in all enclosed public spaces and places of employment, it limits outdoor smoking to within 20 feet of a door or window, except on bar patios. It also targets city parks, outdoor arenas, stadiums, amphitheaters, bleachers, bus stops, playgrounds, service lines, and outdoor seats.

The ordinance, which will take effect in March, exempts only a few businesses, including tobacco shops, private clubs, theatrical performances and bingo halls that offer a non-smoking alternative.
The petition drive was circulated throughout Conroe and signed by smokers and non-smokers alike, said Prentice Alexander, who owns Mr. Smokes in Conroe.

“We definitely want it repealed,” said Alexander. “It’s just another step in the government taking away our rights.”

Conroe City Attorney Marcus Winberry said that if the petition reached the required number of signatures, the Conroe City Council would have to repeal the law or put it on the next ballot. The petition had to presented within 30 days of the adoption of the ordinance and was turned in a day before the deadline. Because that deadline is now passed, organizers can’t return with more signatures to repeal the ordinance.

New Smoking Ban in Conroe
The Conroe City Council approved a comprehensive smoking ban for the city, which includes public spaces, private business and city parks. The new law will take effect in March. Following are the key provisions of the new ordinance adopted by the Conroe City Council:
• Smoking is prohibited in all enclosed, public places within Conroe.
• Examples include, but are not limited, to banks, bars, bowling alleys, day care facilities, convention facilities, public and private schools, health care facilities, hotels and motels, commons areas in multi-family housing or public office building, restaurants, theaters and retail stores.
• Smoking is banned in public and private place of employment, including work areas, private offices, employee lounges and breakrooms, auditoriums, restrooms, conference and meeting rooms, classrooms, employee cafeterias and health centers, hallways, elevators and stairs.
• Smoking is prohibited in city parks, outdoor arenas, stadiums, amphitheaters and outside within 20 feet of bleachers, bus stops, playgrounds, service lines, and outdoor seats. Smoking is also banned within 20 feet of a door, operable window or ventilation system in a building subject to the smoking ban.
• Smoking is allowed on outdoor patios of bars.
• Exemptions, which require an affirmative defense, include retail tobacco stores, private clubs, theatrical performances and bingo halls that provide a separate area for non-smokers.
• Violation are subject to fines of up to $500
Source: Conroe City Council