Smokers alert: There are only eight more days to light up legally on city beaches.
After unanimously approving the smoking ban ordinance on June 19, the San Diego City Council recently announced that the measure will take effect Aug. 11.
The decision came after the council’s second reading of the ban July 11.The ordinance outlaws smoking at all city beaches and parks. Violations will be considered a misdemeanor offense punishable by a maximum six months in jail and/or a $1,000 fine. Violations can also be prosecuted as an infraction with no jail time and a $250 fine for the first offense.
There is some disagreement over whether or not beach boardwalks will also be smoke-free.
According to Pam Hardy, spokeswoman for District 1 City Councilman and Council President Scott Peters, the ordinance was created with the intent of including the boardwalk areas. But because the boardwalk is a public right-of-way, it is part of the city’s streets division and not included in the city beach and park areas, she continued.
To resolve this problem, an amendment to the original ordinance is in progress. The amended ordinance will require another vote and must wait until after the legislative recess, which will end on Sept. 12.
Peters, who seconded the introduction made by Councilman Jim Madaffer on June 19, is currently waiting to hear back from City Attorney Mike Aguirre as to what action needs to be made to include the boardwalk in the ordinance. Hardy said. Peters hopes to amend the ordinance and clear the confusion as soon as possible, hopefully sometime this fall.
While smoking bans are usually enacted for public health reasons, San Diego’s action is considered a response to litter, as cigarette butts are the most prolific trash item found on local beaches.
“A lot of lifeguards are hoping that they will see less cigarette butts on the beach and on the boardwalk,” said Lt. John Greenhalgh, director of training for city lifeguards. “We want people to respect the beach and the ocean.”
Greenhalgh added that enforcement of the ban has been left primarily to lifeguards during normal vehicle or foot beach patrol, though police will also have the authority to issue citations.
“Our direction has been to, during the beginning, educate people,” Greenhalgh said. “We remind them that there is a new ordinance and they are no longer allowed to smoke on city beaches and park areas.”
After about one month of politely informing smokers about the ban, guards will offer warnings, followed by citations.But not to worry “” lifeguards will not turn their backs on swimmers in search of smokers on the sand.
“We do have the ability to cite, but that is not our main mission,” Greenhalgh said. “Our main mission is to keep the water safe, provide medical aid and, in the scheme of things, we’re not going to let our people get distracted.”
Lifeguards hope that local media coverage, posted signs and friends reminding friends are enough to encourage compliance with the new ordinance and avoid excessive citations on their part, he added.