Law of unintended consequences

[CardsFan]

This just happened in our subdivision, and I thought it fit this "Law".

We have an outdoor pool that gets a lot of use, mostly on weekends. The most occupied table is a covered one, near the door, with an over head fan. There are several smokers in the group, but with the fan there is usually not a problem.

Somebody (unknown at least to me) approached the board and asked that since recreational pot is now legal in MO, are they allowed to imbibe by the pool? For the record, while we are not officially an over 55 community, I am sure the median age is over 60.

Well, that started a new discussion about allowing smoking, along with the question about pot. Upon investigating further with the City it turns out that the law does not allowing pot smoking in public, so that was an easy decision.

BUT, the board also discovered a new a county ordinance restricting smoking within 15' of a door or gate DOES apply to our pool area. So now the smokers need to move to the other side of the pool where there is little shade.

Be careful when you rock the boat. The outcome may be something you did not anticipate.

 

[Car-Guy]

Reminds me of what an older cop once told me. It's pretty hard to go anywhere and do anything without breaking some law(s) if you really want to get picky.

 

[JoeWras]

I once tried to help out the buyers of a home my family was selling. My help consisted of a few tips about things, quirks if you will.

They wanted to renegotiate the entire contract over a comment that the dishwasher handle sticks if you don't push it a certain way.

I learned to just shut up and keep my head down.

BTW: we conceded $400 just to get them off our backs. What a bunch of whiners. All this was after they got an inspection too.

 

[disneysteve]

I’m surprised they even allowed smoking around the pool.

 

[tmm99]

I’m surprised they even allowed smoking around the pool.

My thought exactly.

 

[Qs Laptop]

This just happened in our subdivision, and I thought it fit this "Law".

We have an outdoor pool that gets a lot of use, mostly on weekends.

Well, that started a new discussion about allowing smoking, along with the question about pot. Upon investigating further with the City it turns out that the law does not allowing pot smoking in public, so that was an easy decision.

BUT, the board also discovered a new a county ordinance restricting smoking within 15' of a door or gate DOES apply to our pool area. So now the smokers need to move to the other side of the pool where there is little shade.

Could you clarify something? Who owns the pool?

 

[CardsFan]

Could you clarify something? Who owns the pool?

The pool is owned and maintained by the HOA. Actually there are two pools, but the indoor pool and rec center have been no smoking for as long as we have been here (13 years).

 

[Qs Laptop]

The pool is owned and maintained by the HOA. Actually there are two pools, but the indoor pool and rec center have been no smoking for as long as we have been here (13 years).

I guess if the HOA owns the pool area it is private property, no?

If so, how is smoking in the pool area considered to be smoking in public?

Or is the law regarding smoking within 15 feet of a gate or door apply to both public and private property?

 

[braumeister]

I guess if the HOA owns the pool area it is private property, no?

That may depend on the state, but our HOA's pool is definitely considered public, because residents can invite guests to use it, and that is considered "open to the public".

As a result, we have to abide by all the rules for public pools, which is quite expensive.

 

[CardsFan]

I guess if the HOA owns the pool area it is private property, no?

If so, how is smoking in the pool area considered to be smoking in public?

Or is the law regarding smoking within 15 feet of a gate or door apply to both public and private property?

I have not read the law, but the board checked with both the city and our lawyer and got the same answer.

 

[easysurfer]

What fun -- NOT!

 

[braumeister]

The Kentucky law is clear.
Title 902, Chapter 010, Regulation 120

"Public swimming and bathing facility" means a natural or artificial body or basin of water that is modified, improved, constructed, or installed for the purpose of swimming or bathing, except for a pool at a private single family residence intended only for the use of the owner and guests.

It's a Draconian overreach in my personal opinion, but we're stuck with it.

 

[Aerides]

I’m surprised they even allowed smoking around the pool.

And I'm sure many residents are happy now that it's being addressed. Personally, I dislike the smell of cigarettes and can smell it from many feet away, fan or door or not.

The lesson here isn't just to not rock the boat, it's to do the research first. Like a lawyer in a courtroom, don't ask any question you don't already know the answer to.

 

[CardsFan]

The lesson here isn't just to not rock the boat, it's to do the research first. Like a lawyer in a courtroom, don't ask any question you don't already know the answer to.

OP here. I think your definition of the lesson is spot on.

 

[Gumby]

I'd be happy with that outcome. The fact that pot is now legal doesn't make it smell any better.

 

[JoeWras]

I'd be happy with that outcome. The fact that pot is now legal doesn't make it smell any better.

I swear it smells worse.

This is the one thing I did not like on our recent trip to Canada. Too much pot smoke in the air outside.

 

[CardsFan]

I swear it smells worse.

This is the one thing I did not like on our recent trip to Canada. Too much pot smoke in the air outside.

Funny you mention that. One of our neighbors is a transplanted Canadian. She HATES the smell of pot, because it was SO prevalent when she grew up.

 

[MarieIG]

I'd be happy with that outcome. The fact that pot is now legal doesn't make it smell any better.

Reminds me - in the "good old days" when I was a youngin' and used to go out with friends to socialize for the evening, I would come back positively reeking with one type of smoke or another - and could not even put my clothes in my room. (I would put them in the laundry room to be cleaned the next day.)

 

[CardsFan]

That may depend on the state, but our HOA's pool is definitely considered public, because residents can invite guests to use it, and that is considered "open to the public".

As a result, we have to abide by all the rules for public pools, which is quite expensive.

Just checked our ordinance, and a "public space" includes "private membership clubs". I guess we fall under that.

Funny how the casinos got an exclusion. I can't imagine why