A City Council committee voted 4-0 on Wednesday, May 24, to recommend making it a crime to smoke at any city beach or park. The full City Council is expected to vote on the proposal in June.
After hearing from a number of representatives of health and environmental organizations, the Natural Resources & Culture Committee recommended that public smoking at city beaches and parks be a misdemeanor, which would carry a six months maximum jail sentence and/or $1,000 fine. If it is prosecuted as an infraction, the penalty for the first offense would be a $250 fine, with no jail time.
Councilmembers Jim Madaffer and Scott Peters downplayed the sentences for public smoking, saying that it would not come to that. Most offenders would either be warned or issued a citation without being arrested unless they already have an arrest warrant on some unrelated manner.
Chief Lifeguard Ken Hewitt told reporters at a joint press conference afterward that verbal warnings will be broadcast periodically. Hewitt said in general “nine times out of 10 there would be voluntary compliance” to whatever warnings are aired on a public address system.
Peters, who is council president, said, “I’ll try to docket it as soon as possible so we can enjoy the summer.”
This proposal would include Mission Bay Park, Balboa Park, and all San Diego beaches. The proposal is similar to other laws banning smoking in city parks in other cities in San Diego County.
Madaffer said the measure “catches up to other progressive cities” that have passed such a law.
“This kind of a law sends a message. We are trying to set an example,” Madaffer said, adding that thousands of cigarette butts found on a beach are “disgusting.”
Voting for the measure were committee chairperson Donna Frye, Kevin Faulconer, Ben Hueso and Toni Atkins. Peters and Madaffer are not committee members.
Despite her vote, Frye said she had some concerns over whether such a law would cover golf courses and would golfers get tickets. Frye said the Torrey Pines lodge provides cigars for smoking golfers, and she added, “Would the smoking police really troll Torrey Pines” looking for smokers?
Peters said golf courses and other sites may be declared exempt from the law. Peters added he knew it would be difficult for a smoker to get away to smoke while golfing on a 9-hole or 18-hole golf course.
Police Chief William Lansdowne wrote a memo that said officers could enforce this law “in the same manner as other criminal laws” but it would probably occur if an officer is responding to complaints or some other violation. He indicated he would not send officers to beaches and parks to look for smokers. Lifeguards should also have the authority to issue citations, he wrote.
The lone dissenting voice came from a smoker, Joe Lessor, who told the committee this is “another slap in the face to thousands who use a legal product in public.” Lessor said it was “preposterous” that people at the beach would get cancer as “a beach has the largest (air conditioner) in the world.”
“Who will enforce this? Smoking will become a gateway for harassment by police,” Lessor said. “Leave smokers alone. I feel disenfranchised.” He added the laws for littering be enforced on beaches rather than ban smoking.
Atkins said the presentation at the committee is “overwhelming one-sided today.” Lessor jokingly responded, “All the other smokers are at work.”
Atkins said she would save her comments for the City Council discussion and added she sees the validity of smokers’ concern.”
Atkins made the motion to forward it to the City Council and noted it was “for purposes of discussion.”
The potential cost of the measure would include erecting 1,000 signs that would cost $15 to $20 each, wrote Lansdowne. The estimate is based on signs posted banning alcohol at certain beaches and parks and dog off leash signs. Smaller sticky signs placed on trash containers would cost less.