Smoking shelter ordinance continues to be debated, council grants Co2 pipeline easement

Watertown's proposed smoking shelter ordinance was sent back for additional work for the second time Monday.

City council members debated the definition of an enclosure and how to remain compliant with the state's prohibition on smoking indoors at businesses.

There have been multiple complaints from bars and video lottery casino establishments regarding their competitors allowing customers to smoke in enclosed structures, according to Watertown officials. This is a violation of state law that prohibits individuals from smoking tobacco products in a public place or place of employment.

The city wants to ensure that its new ordinance is fair to the businesses the council has already allowed to build smoking shelters. But the ordinance also attempts to define an "enclosed structure" and forbids the use of video lottery or serving food and beverages within the smoking structures.

According to state law, an "enclosed area" is "any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows."

As presented to the council on Monday, the city's proposed smoking shelter ordinance defines a shelter as having no more than 75% of the structure be enclosed with walls. That excludes doorways, windows, screened components and any other accessories that can be opened.

There was opposition to this interpretation of the state law regarding enclosed structures by some council members.

"We are creating an issue," said councilmember Colin Paulsen. "If we create this and allow enclosed structures, we are allowing the violation of state law."

That's a sentiment that Watertown Chief of Police Tim Toomey shared during the meeting. The police department has been on the frontline, trying to navigate and uphold the state and city laws regarding smoking indoors.

"I don't believe the state law is that vague. I think it's pretty obvious, but I think it's been twisted to make it fit so that people can smoke in their structures," said Toomey. "I think that when you just cut a slot above your door and say it's no longer enclosed, that's twisting the spirit of the law."

Wanting to clear up the confusion regarding the state's definition of an enclosed space while also being sensitive to the needs of area business owners, Councilmember Randy Tupper showed support for the ordinance.

"The biggest meat in this ordinance is not allowing video lottery machines in the smoking rooms. That simplifies it a lot because that's 99% of the issues," he said.

The ordinance will be fine-tuned and presented again at the next city council meeting on June 6.

Pipeline easement granted

The council unanimously granted Summit Carbon Solutions an easement for a carbon dioxide pipeline from Glacial Lakes Energy in Watertown through a section of city-owned property.

The motion is contingent on the pipeline project receiving approval by the South Dakota Public Utilities Commission.

Summit Carbon Solutions has proposed a 2,000-mile pipeline that would pump liquefied carbon dioxide from 31 ethanol plants in South Dakota, North Dakota, Minnesota, Iowa and Nebraska so it could be stored a mile underground in western North Dakota.

The plan is not without controversy as residents in the state have questioned its benefit and whether the private, for-profit company should be granted the use of eminent domain by the state to gather the land it needs.

This article originally appeared on Watertown Public Opinion: Smoking shelter ordinance debated, Co2 pipeline easement granted