Council raises tobacco purchase age; mayor pulls vehicle dwelling measure

Jan. 11—McAlester city councilors were to consider several resolutions during their first meeting of 2023, including a prohibition on on living in a motor vehicle and raising the legal age to purchase tobacco.

Councilors unanimously raised the age for buying or obtaining tobacco products from 18 to 21 — but Mayor John Browne pulled his proposal to prohibit the use of a motor vehicle as a dwelling.

"I've been contacted by quite a few people," Browne said in relating why he pulled the proposal related to living in a motor vehicle from consideration at the city council's Tuesday night meeting at City Hall. Browne said he wants to get more information regarding the matter.

"I would like get more input," the mayor said.

The motor vehicle ordinance as presented on the city council meeting agenda called upon city councilors to consider and act upon an ordinance amending Chapter 54 of a previous measure regarding the Health and Public Welfare prohibiting the use of a motor vehicle as a dwelling.

As originally presented by the mayor, the proposed measure called for the creation of a new law, Section 54-3, which states:

"It shall be unlawful for any person to use a motor vehicle as a dwelling, whether operable or inoperative, as a dwelling on any public street, or any residential, commercial, or industrial property except in a RV park, trailer court or mobile home park."

The proposed measure also states "Any motor vehicle used in violation of this section is declared a nuisance and shall be abated as other nuisances."

Browne said the issue is complex, including businesses having something done to their property vs. someone who would become more homeless should the measure pass as-is.

Browne specified he was not tabling the proposal, but pulling it. If it had been tabled, it would have automatically been placed on the agenda for the next regular city council meeting.

Before placing the item on the council meeting agenda, Browne sent a query to McAlester City attorney John T. Hammons asking if it is legal for the city to enact the ordinance.

"Yes," Hammons replied, adding "No opinion is expressed regarding the desirability or wisdom of the ordinance as the same is a policy question which is beyond the scope of the city attorney as the chief legal officer of the city."

On the tobacco issue, city councilors unanimously passed a measure to amend the city's Code of Ordinances Chapter 82, Offenses and Nuisances, Article V, changing the age limit for tobacco use in McAlester.

The amended ordinance raised the age for the legal purchase of tobacco in McAlester from 18 to 21 years of age.

As passed by the city council, the amendment in Section 82-81 now states: "It is unlawful for any person to sell, give or furnish in any manner any tobacco product to a person who is under 21 years of age — or to purchase in any manner a tobacco product on behalf of any such person."

It includes a provision on behalf of workers under 21 who may have to handle tobacco products as part of their employment.

"It shall not be unlawful for a clerk under 21 years of age to handle tobacco products when required in the performance of the employee's duties," the measure states.

Included in the measure is a provision for enforcement, stating violators "shall be punished by a fine of not more than $300 for a third or subsequent offense."

Plans were for city councilors were to consider passing the tobacco measure as an emergency, which meant it would take effect immediately.

However, the emergency clause was inadvertently left off the meeting agenda, which means the city council's measure won't go into effect for 30 days.

City of McAlester Community Development Director Jayme Clifton said raising the age limit for tobacco purchases from 18 to 21 by the city was needed to comply with TSET guidelines, the Tobacco Settlement Endowment Trust, with which the city is applying for possible grants.

City Manager David Andren noted that the city council's raising the age limit to purchase tobacco products will now put the city in-line with the state of Oklahoma, which had already raised the state age limit to 21.

Since the city's action would not go into effect for 30 days without the emergency clause, Browne wondered if it might be better to simply pull the measure and put it on the next meeting agenda in two weeks with the emergency clause intact.

During farther discussion, it was determined the city faced a deadline regarding the TSET grant application, so it would be in the city's best interest to

go ahead and pass the measure, even if the city's amended resolution raising the age limit would not go into effect for 30 days.

When someone suggested the city could not enforce the new restriction raising the age to 21 for tobacco purchases until the 30 days had transpired, City Manager David Andren said the city could go ahead and enforce it — because it's already state law.

Contact James Beaty at jbeaty@mcalesternews.com.