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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Smoking at a town square (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/smoking-town-square-338729/)

Number 10 GI 02-05-2023 07:15 PM

My understanding of the law is: If there is no state, county or city law/ordinance prohibiting smoking in public places, the police have no authority to write a ticket or make an arrest of an individual who is smoking. My understanding is that the entertainment area is private property, outside that area is public property. A business owner or the owner of the entertainment area can put up signs prohibiting smoking on their property. This prohibition is not a law or ordinance. If someone is smoking in the entertainment area, then the owner or representative of the owner can demand the smoker to cease smoking or leave the establishment. If the individual refuses to do as asked, the police then can be called to order the person to leave or be charged with trespassing, but only if the owner demands the person be charged.
The Villages cannot enact laws or ordinances as it is not a government entity. Brownwood falls within the jurisdiction of Wildwood, and those city ordinances apply to Brownwood. I don't know if Sumpter Landing or Spanish Springs are within any city's jurisdiction but definitely are within the jurisdiction of Sumter County.

Garywt 02-05-2023 10:19 PM

Quote:

Originally Posted by JMintzer (Post 2183805)
Read IS fundamental...

All the things I said I don't care about don't include a threat to me. Someone "getting in my face" IS a threat...

The fact that you can't see the difference is quite interesting...

Read is fundamental, what does that mean?

My thought was just that in your old age you let everything slide by without an issue but that you do carry and no one should get in your face. It doesn’t add up.

JMintzer 02-05-2023 11:11 PM

Quote:

Originally Posted by Garywt (Post 2183978)
Read is fundamental, what does that mean?

My thought was just that in your old age you let everything slide by without an issue but that you do carry and no one should get in your face. It doesn’t add up.

It means that you didn't actually read what I wrote...

Your "thought" (and I'm giving you the benefit of the doubt) couldn't be more wrong.

I never said I let "everything" slide. You actually think I'd stand there and let an assault, a robbery, a carjacking "slide"?

I carry to protect myself and my loved ones. Not to get into altercations with people who have "anger issues". Or people who snap at others in public places for smoking a cigar...

I've found that carrying makes me calmer. The last thing I want to do is deal with the aftermath of actually having to use my weapon. That is why I let the little things "slide"...

You should try it. It'll be good for your blood pressure...


P.S. Old age? I'm probably younger than you...

karostay 02-06-2023 09:23 AM

Quote:

Originally Posted by Garywt (Post 2182558)
Anyone who has gone to listen to music has heard 4 times every night that there is no smoking at the squares. They ask that you go out to the sidewalk, away from people to smoke. After my bad restaurant experience I am sitting trying to enjoy some music when the guy sitting next to me lights up his cigar. With the smell every time he took a puff I got very annoyed. Finally I got up to leave but first I turned to him and yelled at him. I told him he sucked and that he needed to be out on the sidewalk. I then left the square missing out on the music.

Should have said Excuse me
Your cigar smoke is most annoying not to mention not permitted.
I 'll just take it that your currently an entitled moment due to your addiction

Number 10 GI 02-06-2023 12:35 PM

Quote:

Originally Posted by JMintzer (Post 2183990)
It means that you didn't actually read what I wrote...

Your "thought" (and I'm giving you the benefit of the doubt) couldn't be more wrong.

I never said I let "everything" slide. You actually think I'd stand there and let an assault, a robbery, a carjacking "slide"?

I carry to protect myself and my loved ones. Not to get into altercations with people who have "anger issues". Or people who snap at others in public places for smoking a cigar...

I've found that carrying makes me calmer. The last thing I want to do is deal with the aftermath of actually having to use my weapon. That is why I let the little things "slide"...

You should try it. It'll be good for your blood pressure...


P.S. Old age? I'm probably younger than you...

I think we have more to worry about Garywt carrying. Bit too short of a temper.

Garywt 02-06-2023 01:16 PM

Quote:

Originally Posted by JMintzer (Post 2183990)
It means that you didn't actually read what I wrote...

Your "thought" (and I'm giving you the benefit of the doubt) couldn't be more wrong.

I never said I let "everything" slide. You actually think I'd stand there and let an assault, a robbery, a carjacking "slide"?

I carry to protect myself and my loved ones. Not to get into altercations with people who have "anger issues". Or people who snap at others in public places for smoking a cigar...

I've found that carrying makes me calmer. The last thing I want to do is deal with the aftermath of actually having to use my weapon. That is why I let the little things "slide"...

You should try it. It'll be good for your blood pressure...


P.S. Old age? I'm probably younger than you...

Let’s just leave it as I read too much into what you said. As for my age, I turned 59 in December, retired just after my 55th birthday due to my cancer and have been battling my incurable disease sine 7/31/13.

Garywt 02-06-2023 01:17 PM

Quote:

Originally Posted by Number 10 GI (Post 2184202)
I think we have more to worry about Garywt carrying. Bit too short of a temper.

Not to worry, I have never had a desire to own or carry a gun so I never will.

Number 10 GI 02-06-2023 01:39 PM

Quote:

Originally Posted by Garywt (Post 2184215)
Not to worry, I have never had a desire to own or carry a gun so I never will.

Just yanking your chain. :laugh:

JMintzer 02-06-2023 04:00 PM

Quote:

Originally Posted by Number 10 GI (Post 2184202)
I think we have more to worry about Garywt carrying. Bit too short of a temper.

I was talking about "letting the little things slide", but you might be right.

Not everyone has the temperament to carry a weapon...

JMintzer 02-06-2023 04:02 PM

Quote:

Originally Posted by Garywt (Post 2184214)
Let’s just leave it as I read too much into what you said. As for my age, I turned 59 in December, retired just after my 55th birthday due to my cancer and have been battling my incurable disease sine 7/31/13.

Well, I'll admit it when I'm wrong... You got me by a few years...

ElDiabloJoe 02-06-2023 05:53 PM

Quote:

Originally Posted by Bilyclub (Post 2183821)
He or she can be the complainant/witness on a ticket, depending on the Officer assigned to the disturbance,

Yes, they can, but as I understand Florida law any crime misdemeanor and below MUST be committed in that officer's presence. Aside from the typical exceptions such as DV, DUI, violation of restraining order and usually about 7 others. Otherwise, RP (Reporting Party) will be conducing a private person's arrest and the local agency will handle the custody / citation as a courtesy.

Keeping in mind, that now the RP has to show up to every court date or else it gets completely dropped. There's a reason defense attorneys drag things out forever with continuance after continuance after pre-trial motions, etc.

Ohhh, and another big factor, the RP is now on the hook for false arrest if that turns out to be the case - there is no qualified immunity for an unlawful arrest for non-sworn. My case gets dropped because the RP failed to show up to court for the 7th of 30 appearances, and I'm suing for false arrest.

RP really want to go through all that wasted time and effort, court parking fees, and the civil litigation risk of a possibly unlawful arrest? You unlawfully arrest me and I'm going to end up with your house and your car. Maybe your wife.

There's a big difference, huge in fact, between talking the talk (i.e. I'll have you arrested!!!) and walking the walk (what really happens that they don't show you on all those cop shows you have been watching for 40 years).

OrangeBlossomBaby 02-06-2023 06:14 PM

Quote:

Originally Posted by skippy05 (Post 2183258)
Why not have a little tolerance? You can move around outdoors away from him. I do not smoke. I know there are outdoor rules for this in some places. It seems too damn much when you stop and think about it. Use your feet and move about and let people have the smallest of freedoms even if they do annoy you.

The "freedom" to enjoy music in a place where their rule (not law) is "no smoking in this space" IS the "smallest of freedoms." If you have to walk away, because someone else is breaking the rules and their actions are bothering you, then THEY have just taken YOUR "smallest of freedoms" away.

OrangeBlossomBaby 02-06-2023 06:19 PM

Quote:

Originally Posted by Garywt (Post 2183590)
Am I tirade man? If so I promise you I did not smoke a joint, I have never even tried any non prescribed drugs. Have never smoked either.

I thought you said you had a free beer? Alcohol is a drug. And it's not prescribed.

I mean if you're going to go the "holier than thou" route, you probably should make sure that it's not easy for the rest of us to call you out on it.

Garywt 02-06-2023 08:34 PM

Quote:

Originally Posted by OrangeBlossomBaby (Post 2184333)
I thought you said you had a free beer? Alcohol is a drug. And it's not prescribed.

I mean if you're going to go the "holier than thou" route, you probably should make sure that it's not easy for the rest of us to call you out on it.

Alcohol is not a drug and it is not illegal so it can’t be called an illegal drug. I am not holier than thou.

JMintzer 02-06-2023 08:55 PM

Quote:

Originally Posted by Garywt (Post 2184371)
Alcohol is not a drug and it is not illegal so it can’t be called an illegal drug. I am not holier than thou.

Per the NIH, Alcohol is most certainly a drug...

"Alcohol is among the most used drugs, plays a large role in many societies and cultures around the world, and greatly impacts public health..."

Alcohol | National Institute on Drug Abuse (NIDA)

And no one mentioned "illegal drugs" until you did...

Garywt 02-07-2023 01:10 AM

Quote:

Originally Posted by JMintzer (Post 2184375)
Per the NIH, Alcohol is most certainly a drug...

"Alcohol is among the most used drugs, plays a large role in many societies and cultures around the world, and greatly impacts public health..."

Alcohol | National Institute on Drug Abuse (NIDA)

And no one mentioned "illegal drugs" until you did...

Well I wasn’t taking aspirin. I do believe I said prescription drugs so I guess I should have said over the counter and prescription as all others are illegal drugs. People can call alcohol a drug if they want but I have never considered it one. I might as well say I have never been drunk either.

JGibson 02-07-2023 08:30 AM

Quote:

Originally Posted by JMintzer (Post 2184375)
Per the NIH, Alcohol is most certainly a drug...

"Alcohol is among the most used drugs, plays a large role in many societies and cultures around the world, and greatly impacts public health..."

Alcohol | National Institute on Drug Abuse (NIDA)

And no one mentioned "illegal drugs" until you did...

You quoted NIDA which deals with drug abuse. It's saying it can be an addicted drug for certain people. Not everyone.

Just about everything these days can be viewed as a drug like shopping , eating, social media, gaming, etc. but we don't call them a drug until they become abused and act like a drug.

So therefore alcohol is not a drug and only about 8% of the population use it as a drug.

Cigarettes have certain chemicals in them that make them addictive just like potato chips, scientists add addictive chemicals so you want more.
Oxycontin and Fentanyl are highly addictive drugs. I can remember when the FDA said Oxycontin was non addictive, we know how that turned out.

We have gone off topic but as a ex smoker I do wish they would incorporate Hospital standards when it comes to smoking near a hospital. Which is basically you can't smoke on the property at all.
The square is privately owned and if they wanted to the could ban smoking. At the very least you should have to go across the street.
We have people with oxygen tanks sitting in the square.

JMintzer 02-07-2023 08:56 AM

Quote:

Originally Posted by Garywt (Post 2184402)
Well I wasn’t taking aspirin. I do believe I said prescription drugs so I guess I should have said over the counter and prescription as all others are illegal drugs. People can call alcohol a drug if they want but I have never considered it one. I might as well say I have never been drunk either.

The fact that YOU never considered alcohol a drug matters not.

The NIH (and all other medical professionals) most certainly DO consider it a drug.

Being drunk is irrelevant to the conversation...

JMintzer 02-07-2023 09:03 AM

Quote:

Originally Posted by JGibson (Post 2184522)
You quoted NIDA which deals with drug abuse. It's saying it can be an addicted drug for certain people. Not everyone.

The NIDA is part of the NIH... Did you even bother to look at the link?

Quote:

Just about everything these days can be viewed as a drug like shopping , eating, social media, gaming, etc. but we don't call them a drug until they become abused and act like a drug.
Incorrect...

Quote:

So therefore alcohol is not a drug and only about 8% of the population use it as a drug.
Also incorrect...

Quote:

Cigarettes have certain chemicals in them that make them addictive just like potato chips, scientists add addictive chemicals so you want more.
And? Irrelevant to the topic at hand...

Quote:

Oxycontin and Fentanyl are highly addictive drugs. I can remember when the FDA said Oxycontin was non addictive, we know how that turned out.
Also irrelevant to the topic at hand...

Quote:

We have gone off topic but as a ex smoker I do wish they would incorporate Hospital standards when it comes to smoking near a hospital. Which is basically you can't smoke on the property at all.
The square is privately owned and if they wanted to the could ban smoking. At the very least you should have to go across the street.
We have people with oxygen tanks sitting in the square.
The squares are not hospitals. There are people with oxygen tanks sitting outside the squares, as well... Your point is invalid...


P.S. I'm not , nor have I ever been a cigarette smoker. I do enjoy an occasional cigar in the privacy of my home, or when out. But I do my best to not infringe on others...

I also don't lose my mind when others smoke nearby...

JGibson 02-07-2023 05:18 PM

Quote:

Originally Posted by JMintzer (Post 2184552)
The NIDA is part of the NIH... Did you even bother to look at the link?



Incorrect...



Also incorrect...



And? Irrelevant to the topic at hand...



Also irrelevant to the topic at hand...



The squares are not hospitals. There are people with oxygen tanks sitting outside the squares, as well... Your point is invalid...


P.S. I'm not , nor have I ever been a cigarette smoker. I do enjoy an occasional cigar in the privacy of my home, or when out. But I do my best to not infringe on others...

I also don't lose my mind when others smoke nearby...

FDA- definition.

A. Statutory Definitions

1. Drug

Section 201(g) of the FD&C Act (21 USC 321(g)) provides that the term "drug" means:

(A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any articles specified in clause (A), (B), or (C). . .

I think I will go with the FDA definition and agree to disagree with you on other points.

JMintzer 02-07-2023 05:45 PM

Quote:

Originally Posted by JGibson (Post 2184784)
FDA- definition.

A. Statutory Definitions

1. Drug

Section 201(g) of the FD&C Act (21 USC 321(g)) provides that the term "drug" means:

(A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any articles specified in clause (A), (B), or (C). . .

I think I will go with the FDA definition and agree to disagree with you on other points.

"Is Alcohol Classified As A Drug? Alcohol is a drug. It is classified as a Central Nervous System (CNS) depressant, which means that drinking alcohol slows down brain functioning, neural activity, and further reduces the functioning of various vital functions in the body..."

does the fda consider alcohol a drug - Google Search


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