Beach Smoking Ban Proposed

OCEAN CITY – With a single dissenting vote from Councilwoman Karen Bergman, Ocean City’s City Council, May 24, introduced an ordinance that could ban smoking on all city beaches this summer. 
The vote came with several council members expressing reluctance to create more rules and interest in hearing the public’s reaction.
The public will have an opportunity to weigh in at the public hearing, required before a final ordinance vote. That’s set to take place at the June 14 council meeting, starting 7 p.m. in the third floor of City Hall, 861 Asbury Ave.
In 2014, Ocean City banned smoking everywhere on its boardwalk, after years of restricting smoking to certain areas. City Attorney Dorothy McCrosson reminded council members that the city had also banned smoking in most playgrounds, parks, and recreation areas.
“This ordinance would add Ocean City beaches to the list,” she said.
While most council votes here are unanimous, this proposal seemed to leave most council members torn between a reluctance to add additional rules and a dislike of smoke on the beach.
“I don’t really know how to feel about this right now,” said Councilman Bobby Barr.
“I wrestled with it a bit throughout the week.”
He said he does not smoke and does not approve of smoking, but said: “I’ve heard from a few folks that do who think this might be a little harsh.”
He said he would vote in favor of the introduction but wanted to hear more from the public before deciding whether to support the ordinance on the final vote.
Barr was not the only council member to express ambivalence. Councilman Michael DeVlieger said he hates seeing people leave their cigarette butts on the ground but also dislikes creating more rules.
Councilman Keith Hartzell says he has picked up hundreds of butts when he’s cleaned beaches.
“I think this is one of these tough social issues that we’re going to have to grapple with,” he said. He also asked about the reaction to similar moves in other resorts. McCrosson said towns across the country have applauded similar moves, adding that more research would surely find strong critics of similar policies.
Hartzell said he would have to balance the rights of people to smoke with the rights of others not to have it near them. He also asked about enforcement. If the ordinance is approved, smokers would have to leave the beach to light up.
“The mayor has asked for an increased presence on the beach to enforce the no drinking on the beach rules. I’d suspect that in this first summer if this were to be adopted, and considering his approach to law enforcement, to be nice, be kind approach, that he would have the officers remind people on the beach that this is the new ordinance. He would have warnings,” McCrosson said. Those who disregard the warning could end up with a summons.
The ordinance includes a fine of between $100 and $250 for a first offense, which jumps to $500 to up to $1,000 for additional offenses.
Mayor Jay Gillian was not present. McCrosson said the risk of second-hand smoke, the inconvenience to other beachgoers, and the improper disposal of cigarette butts contributed to the administration proposing the ordinance.
“I’m leaning heavily towards being for it,” DeVlieger said. “We’re helping folks get rid of a bad habit.”
Berman was unequivocally against.
“I think smoking is a form of relaxation. I think it’s a personal choice. People really enjoy smoking cigars on the beach. It’s how they relax,” she said. “I am for less rules.”
She said tourists would start looking for places that do not have as many rules.
“We’re just too restrictive,” she said. “I don’t think that we should be doing this.”
She also expressed doubt that secondhand smoke was an issue outside on the beach, adding that people are also irresponsible with potato chip bags, soda cans, and other trash, not just cigarette butts.
Councilman Anthony Wilson questioned how the ban could reasonably be enforced. He also asked to hear from constituents.
“Everybody has the right to do what they want to do, but it can’t infringe on other folks,” Wilson said.
City spokesman Doug Bergen said after the meeting that the city had received numerous requests from visitors and residents to keep cigarettes off the beach.
In 2014, then-Gov. Chris Christie vetoed a bill that would have banned smoking on beaches and in parks around the state, although he later signed a bill banning smoking on state beaches.
A new bill under consideration recently received the support of the Senate Environment and Energy Committee, according to a recent report on NJ.com. It would ban smoking on county and municipal beaches, citing the tens of thousands of cigarette butts annually left on beaches.
To contact Bill Barlow, email bbarlow@cmcherald.com.