Berkeley ups the Ante with Smokers

City officials in Berkeley -- the first American city to ban smoking in restaurants nearly 40 years -- have toughened up their no-smoking ordinance, expanding it to sidewalks throughout its business districts.

The measure was passed by as unanimous vote Tuesday night, replacing a checkerboard ordinance passed in January that covered some sidewalks, but not others.

"What happened when we passed it before was we said it covered 16 different streets," said Berkeley Mayor Tom Bates. "Can you smoke on Addison but you can't smoke on Center? So, it (the old law) became a little screwy… It's geared to say that we're concerned about second-hand smoke."

Shattuck Avenue is one of the streets already under the sidewalk smoking ban. Building engineer Vladimir Delevi posted his no smoking sign two weeks ago.

"We did have an older sign that said (no smoking within) 20 feet -- now it says 'No Smoking' (at all)…Which is so great," said Delevi, who supports expanding the ban.

Berkeley police say officers have been enforcing the new ordinances but most often violators are warned rather than cited.

The ordinance takes effect in 30 days and carries with it a $100 fine.

From KTVU