Update: Smoking Ban Ordinance Passes Unanimously

Update: On Feb. 21, the Maplewood Township Committee unaninmoulsy approved an ordinance banning smoking in public parks, playgrounds and recreational areas.

Signs announcing the ban and its attached fines should be in place in parks and playgrounds by late April.

The ordinance had been introduced on Feb. 7 after Township Committee members presented Town Counsel Roger Desiderio with feedback about the draft ordinance on Jan. 17:

On Jan. 17, Mayor Vic DeLuca told Desiderio that he had changed his mind and now thought that including perimeter sidewalks in the ban would be "unreasonable." Other committee members including Jerry Ryan, India Larrier and Deputy Mayor Kathy Leventhal supported this decision, noting that smokers exiting the train would be forced to walk in the street on their way home. Marlon K. Brownlee balked at the exclusion of sidewalks, however: "We're concerned about the safety of people smoking?"

Regarding enforcement, the committee members agreed that enforcement would be passive: Police patrols already assigned to the park would cite violators where they came upon them.

"Believe me," said DeLuca, "other people in the park will enforce it. I don't expect the police to patrol the parks for this." DeLuca also felt that, over time, the signs would work to deter smoking. He added later, "People are not shy about telling a smoker they shouldn't smoke."

The Township Committee also discussed whether or not the ban should be extended to all non-park festivals, but this idea was abandoned. Desiderio gave the example of patrons of St. James's Gate leaving the establishment to smoke during a street festival. Only Brownlee dissented on this decision: "I would like to extend the band to the whole festival, even in the street."

DeLuca said the proposed penalties were as follows: $50-$100 for a first offense; $100-$200 for a second offense; and $200-$500 for a third and subsequent offenses.