Cape May Snuffs Out Beach Smoking Ordinance

CAPE MAY – An ordinance that would have banned smoking on the beach, Promenade and public parks beginning in 2012 died in a 2-2 vote of City Council.
At a Monday Nov. 14 meeting, Mayor Edward Mahaney Jr. and Councilwoman Terri Swain voted against the ordinance while Councilman Bill Murray and Deputy Mayor Jack Wichterman voted in favor of the smoking ban.
Councilwoman Deanna Fiocca was absent.
Before the vote, council received 35 minutes of public comment, most of which was against the smoking ban on the grounds it would drive away tourists in an already shaky economy.
Mickey McGlade, owner of the McGlade’s on the Beach, said her customers were not allowed to smoke in her beachfront restaurant but used the city’s Promenade to smoke. If the city enacted the smoking ban, she said her customers would find it necessary to cross Beach Avenue for a cigarette.
“I never thought Cape May would feel a recession and we have,” said McGlade. “I think this would give people one more reason not to attend events…”
John Caffrey, of Bedminster, N.J., said he was a frequent visitor to Cape May and was in favor of the smoking ban. He said smoking was not permitted in New York City’s Central Park.
Caffrey said the smoking ban seemed to work well in Central Park.
Matt Tocnessen, of Wildwood Crest, said he didn’t want to see a smoking ban, which he called “lunacy,” spread to his hometown. He said data on the danger of secondhand smoke was flawed.
“It’s never been proven that 3,060 people a year have ever died from secondhand smoke,” said Tenyison, who identified himself as a non-smoker.
John Cooke, president of the Chamber of Commerce of Greater Cape May, read a letter on behalf of the chamber’s board of directors opposing the smoking ban. He said Cape May “should not be in the business of telling visitors how to live.”
Cooke said the chamber wanted visitors to enjoy their stay “free of overbearing rules and regulations.” He said Canadian visitors would see the smoking ban as a huge sign saying “Get off at Exit 4, we don’t want your business.”
Dr. Bob Zlotnick, of Atlantic Prevention Resources, said he supported the ordinance which would have been one of the most stringent, restrictive ordinances in the state. He said the adult smoking rate in this state was about 15 percent.
Zlonick said the smoking ban would cater to the vast majority of non-smokers. He said he did not believe the ordinance would cause economic harm.
Tina Giamo, owner of Spirit Catcher Photography, said the ban was “too severe.” She said she was a non-smoker and her father died from lung cancer.
Giamo questioned if lifeguards would be issuing tickets to smokers when their job was to save lives.
Business owner and resident Bernie Haas called the ordinance “a bad idea.”
“I do not want somebody to tell me I can’t smoke on the beach, it’s the outdoor world for crying out loud, there’s a greater breeze than you’re going to find anywhere else…” he said.
Deputy Mayor Jack Wichterman said the smoking ban ordinance was his idea following considerable research. He said he talked with administrators in other New Jersey towns that had smoking bans and they reported very few problems with enforcement.
Wichterman said he realized the ordinance may have to be tweaked to allow smokers outside the new Convention Hall during intermission of events. He said council extended his concept to include a smoking ban on the Promenade which he did not recommend.
Mahaney said Cape May had many other issues of a higher priority to be resolved.
“We don’t get a lot of complaints about smoking on the beach,” he said.
The mayor suggested adjustments be made to the ordinance. He noted Cape May’s Promenade was narrower than the boardwalks in Ocean City and Atlantic City and smokers may be chased to the North side of Beach Avenue.
Mahaney suggested council may want to consider creating smoking and non-smoking beaches. He said council had plenty of time before summer to revisit the ordinance.