Signs of Smoking Ban in Parks Coming

While the debate may still be aflame for one councilman, no one will be lighting up a smoke in Fair Haven's public parks or natural areas unless they want to face the prospect of being fined.

Despite the consistent stance of Councilman Rowland Wilhelm that locally outlawing smoking in public parks defies constitutional rights and has limited enforcement powers, the governing body last week adopted two ordinances designed to stave off the smoke, except on impervious surfaces.

What it all means is that if someone is caught smoking in a park, especially near an area where kids are playing sports, they will be subject to a $25 fine for the first offense and $50 for the second and any thereafter.

Two ordinances were adopted to make the concept a local law: one for the police enforcement end of it, setting the fine structure; and another that pertains to the parks maintenance end of it.

Those who wish to sneak away for a smoke can still do so — at a reasonable distance away from sports players on impervious surfaces, such as the parking lots.

There's a bit of an inadvertent dichotomy in the "impervious" aspect of the ordinances' verbiage, Mayor Ben Lucarelli said, in that cement was recently poured onto some spots on the playing fields. "Councilman (Robert) Marchese (who crafted the ordinances and is an attorney) said the language is sufficient in the ordinances as they are, though," Lucarelli said. "We certainly expect that people will realize that they can't take a seat on a basketball court and smoke. It's a matter of common sense."

The specific ordinance wording is as follows: "No person shall smoke any products, which include, but are not limited to, cigarettes, pipes, cigars, etc. in any municipally owned public park, sanctuary or recreation area, except on impervious surfaces."

And if that's not specific enough, Lucarelli said that signs in non-smoking areas will soon be posted for clarification.

"We haven't erected any yet or decided on which we'll be using, but there will be signs," he said. "Basically, they'll probably say something like 'This is a smoke-free area. Violators are subject to fines.'"

And, Lucarelli acknowledged, as he and other governing body members have in previous meetings, that while he understands that enforceability will boil down to a matter of people getting caught in the act rather than the infeasible idea of police stationed in parks, he said it's intent is to keep smoking in parks at bay.

"In all, I think it was the right thing to do," he said.