City Council Votes to Ban Smoking on City Property

The City Council rejected the idea of creating designated smoking areas in city parks, voting unanimously Monday night to ban smoking on all city property.

Two weeks ago, Mayor Pro Tem James Marcos in the parks because, he said, smokers might not take their children to the parks if there are no places to smoke there.

City Manager David Deutsch responded, in a memo to the city council last week, the designated smoking areas would be “difficult to establish and enforce” and would send “a mixed message” about the city’s commitment to public health.

While Marcos said Monday he had no objection to the smoking ban, he suggested that the council consider designated smoking areas last month because he wanted more time to hear what people thought about it, he said.

“Anytime we’re taking rights away from someone, I get a little worried. I just wanted to make sure we’re doing the right thing,” said Marcos.

Merrily O’Hara, wife of inveterate anti-smoking activist John O’Hara, testified in support of the smoking ban Monday. 

Holding up a large plastic bag containing cigarette butts, O’Hara said she collected the butts in just one hour at Allen Pond Park Monday afternoon.

“Smoke-free parks is a no-brainer,” she said. “People don’t put out cigarettes on their living room floors. But they have no qualms about stomping them out in our parks and walking away."

No one testified against the smoking restrictions.

According to the ordinance, smoking will be prohibited on city property, including parks. The city's indoor facilities are already smoke-free.

Violators could be fined $50 and face removal from the city park or property.

City employees will be permitted to smoke only on breaks where smoking is permitted and in their personal vehicles on city property, provided the doors and windows are closed. Smoking in city-owned vehicles is prohibited.

In response to a question from Councilman Todd Turner, City Attorney Elissa Levan said the council could consider stiffer penalties in the future for either the initial violation or subsequent violations.

People caught smoking at some parks and playgrounds in Ocean City could face a $500 fine after the town council in the resort community approved smoking restrictions last month.  Levan said the $500 fine "seemed excessive to us.”

Bowie's smoking ban will take effect on May 4. Signs will be posted notifying the public about the ordinance and the penalties for violating it.