Sparking Up a Smoking Ban Debate Again

Are two smoking ban ordinances better than one?

Fair Haven Borough Councilman Rowland Wilhelm, who isn't a smoker, has no qualms about huffing and puffing over the notion and answering a resounding "NO!"

After contemplating the issue in many a sparky discussion at meetings, the governing body introduced at its Monday night meeting not one, but two ordinances to designed to ban smoking in public parks and natural areas.

Rumson has a similar ordinance on the books.

Wilhelm cast the dissenting vote to introduce — not pass — both ordinances. One is designed to be added to the Parks and Recreation Areas ordinance, which delineates the areas' functions and limitations.

It says, "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."

That alone has disturbed Wilhelm through the entire discussion process. The additional ordinance, which would set the regulation of it by police and fines of $25 for a first offense and $50 for any thereafter, prompted more doubt about effectiveness, enforceability and constitutionality from Wilhelm.

It wasn't up for discussion or workshopping, but Wilhelm wanted to speak up. And he did. So did Councilman Jerome Koch.

 "It's just an ordinance whereby through education we're trying to get people to do something, but we're creating a regulation," Wilhelm said.

Creating ordinances and regulations that it is not feasible to fully enforce is a concern of Wilhelm's and Koch's.

Koch pointed to the illegality, on the books, of littering, which is also difficult to enforce.

"It's just a direct we're going in — food for thought," Koch said. "Why is that any different than littering, which is against the law?"

Police Chief Darryl Breckenridge affirmed that, yes, littering is against the law. Koch then asked if there is a marked difference between citing people for littering with cigarette butts and littering by smoking them and Breckenridge said "No."

Koch then asked when the last time a ticket was issued for littering. Breckenridge said, "probably 1980," seeing the point with humor.

"And everyone knows people that smoke are more likely to do bad things," Koch jokingly said.

Ever since the idea was broached by Councilman Robert Marchese, who sits on the new Rumson-Fair Haven Municipal Alliance to Prevent Substance Abuse, Wilhelm has balked that taking the governing body taking on regulatory stance on banning smoking in public parks is tantamount to getting mucked up in a mudslide of questionable rights.

The ordinances will be up for public hearing and adoption at the Sept. 23 meeting. Foreseeing another spirited debate, Mayor Ben Lucarelli said, "Bring your popcorn on the 23rd."