FRANKLIN, Ind. -- The city of Franklin is considering toughening its smoking ban because of businesses that are skirting the current law.

The city's smoking ordinance, passed in 2006, does not apply to bars and private clubs, which is why some officials are seeking a new measure to clear the air, 6News' Julie Pursley reported.

The 2006 ordinance prohibited smoking in most public places, but a measure to be introduced Monday night would ban lighting up in all public places, including private clubs.

"We wanted to be sure it's cleaned up. There's some uncertainties about it," said Franklin Councilman Ted Murphy. "When you have uncertainties, you need to take care of those problems."

Don and Dona's restaurant downtown became a private club after the last ban was passed so customers could still smoke.

The restaurant filed a lawsuit against the city after it was cited for being in violation of the smoking ban. Representatives of the restaurant declined comment Friday because of the pending litigation.

Mayor Fred Paris said he wants an ordinance passed that will treat everyone equally.

"It's not really just Don and Dona's. It's the Franklin Elks. We have Hillview Country Club. We have the American Legion," he said. "They all claim to be private clubs, but almost every one ... allows citizens to pretty much walk in at will ... and they even rent out their facilities. None of them could pass the real muster as a total private club."

Paris said the current law is difficult to enforce and doesn't treat all businesses fairly.

Franklin residents appear to be split on the issue of a tougher smoking ban. Anyone will have a chance to speak out on the proposed new ban at a public hearing on May 4, which is when the mayor also hopes there will be a vote on it.