MENLO PARK — The City Council is considering changes to its 16-year-old smoking ordinance that would make lighting up more difficult for residents.

The council is expected to discuss restrictions on smoking in apartments and condominiums as well as tougher punishments for those who sell cigarettes to children at a study session tonight.

"The question is really do we want to modify our ordinance to include greater restrictions than are provided by state law?" City Attorney William McClure said. "It could go the whole gamut."

Menlo Park's current law, last updated in 1993, bars smoking in most enclosed public spaces, child care centers, unenclosed eating areas and offices.

State law goes further, however, prohibiting smoking in restaurants and bars. A Belmont law that bans smoking in multilevel residential buildings went into effect at the beginning of the year.

Menlo Park resident Barbara Franklin is pushing for similar legislation in her city and said she has attended 14 council meetings since December to speak publicly about the issue.

"My preference would be to ban it throughout the multiunit apartments and condos but certainly at least to ban it outside on the patios and back balconies," said Franklin, a Sand Hill Circle condominium resident.

Council members say they want to see the ordinance strengthened to promote public health but will wait for more information before taking a firm position.

"I'd

like to understand some of the ramifications," Councilman John Boyle said. "Let's assume that we were going to say no smoking even in your own condominium unit. How do you enforce that? Do the police come and knock on the door and say they smell something? Is it the apartment manager's responsibility? Is it the homeowners association's responsibility?"

Boyle added that he hopes apartment management companies and condominium groups also give the city their take on the proposed restrictions.

While Councilman Andrew Cohen is leaning toward supporting a ban in common areas of apartment and condominium buildings, he hasn't made up his mind, particularly because balconies are a "gray area," he said.

"I am probably in favor of the strongest I can get that will still respect people's privacy," Cohen said.

Making it more difficult for retailers to sell cigarettes to minors will also be a primary concern, Councilwoman Kelly Fergusson said.

A group of high school students recently came to the council and reported they successfully bought cigarettes at some Menlo Park retailers, Fergusson said.

"We need to give law enforcement the tools to stop these criminals from poisoning our children," she said.

Tonight's study session begins at 7 in the Council chamber at 701 Laurel St.