Smoking areas not included in plan - June 24, 2011
By David Harry
Staff Writer
South Portland beaches, parks and outdoor recreation areas are one step closer to becoming tobacco free after city councilors approved the first reading of an anti-tobacco use ordinance Monday night.
The 6-0 vote, with Councilor Jim Hughes unable to attend the meeting, advances an ordinance that bans tobacco use within 25 feet of the areas.
Councilors turned aside a request for a compromise from a South Portland resident.
Steven Haskell, a smoker who said he is trying to kick the habit, reminded councilors that tobacco addiction is difficult to beat and asked for designated smoking areas to ensure smokers’ rights.
Haskell was the only public speaker against the ordinance, which was initially drafted by South Portland High School students Elisa Martin and twin brothers Conor and Jackson Beck.
A second reading and council vote to enact the ordinance will be held July 6.
The ordinance calls for civil penalties from $100 for first offenses to $500 for three or more violations. Martin said she hopes signs will be enough to deter tobacco users. The ordinance calls for police enforcement of complaints, but allows officers to give warnings to offenders.
Martin said the signs are provided free by Healthy Maine Partnerships, operated by the state Department of Health and Human Services, on condition the areas are declared entirely tobacco free.
Councilors supported the ordinance but spent about 10 minutes discussing details, including whether to include the municipally owned golf course and “open spaces” such as the area along Trout Brook.
Councilors decided to include the golf course, after Councilor Alan Livingston’s suggestion to make the ordinance as inclusive as possible.
Adding open spaces to the ordinance was rejected after Councilor Tom Coward said it was too hard to define and could even be construed to include city sidewalks.
Coward said tobacco users were free to smoke or chew on their property, but he supported the ban for city-owned recreation areas.
“Your rights end where my lungs begin,” he said.
Martin and the Beck brothers brought a jar filled with more than 1,000 cigarette butts to Monday’s meeting to show why the ordinance is needed. The butts were collected in April by the three and other members of the school Interact Club, which is overseen by Rotary International.
Martin said their research into a similar Portland ordinance shows the ban will work through self-enforcement.
“It is not as difficult as one may think,” she said.


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