Councilwoman Calls Proposed OC Beach Smoking Ban 'Too Harsh'

OCEAN CITY, NJ — Ocean City is known as America’s Greatest Family Resort. It’s a place where people can go relax on the beach, enjoy a nice summer day and take a dip in the ocean. Relaxing may mean different things to different people, and for some, it means the ability to smoke on the beach.

“People smoke on the beach,” said Ocean City Councilwoman Karen Bergman, the lone council member to vote against a proposed ordinance to ban smoking on the beach. “It’s a place of relaxation.”

The proposal was introduced at the May 24 council meeting, and passed first reading by a vote of 6-1. The public hearing and final vote is scheduled for the June 14 meeting.

The proposal calls for a ban on smoking throughout the entire beach, and on all paths leading to the beach. Smoking is already banned on the boardwalk, and at outdoor parks, playgrounds, recreational facilities and the city's indoor facilities.

But Bergman believes a ban on smoking throughout the entire beach is too harsh. She understands people would be bothered by some beach goers smoking near them.

“It should be a courtesy,” Bergman said. “If someone asks you not to smoke near them, that’s one thing, but some men like to go and smoke their cigars while sitting on the beach, and they should be able to do that.”

She would be in favor of legislation that bans smoking on some beaches. She also believes littering is the bigger problem at hand.

During last year’s Clean Ocean Action’s Beach Sweep, volunteers picked up 29,008 cigarette filters from the sand on the Jersey Shore beaches. This accounted for just over 7 percent of all trash picked up during the sweeps.

Cigar tips were nearly 2 percent. Nearly 2,000 cigarette packages were picked up and over 1,100 lighters were collected. Plastic pieces, caps/lids and food/candy wrappers and bags were the only three categories in which more trash was collected than cigarette filters.

“The law should address littering,” Bergman said.

She also believes that the enforcement of such legislation would be a nightmare.

“Are we really going to have police going up and down the beach looking for smokers?” Bergman said. “They’re busy enough.”

During the council meeting, Councilman Keith Hartzell agreed and asked for an in-depth plan explaining enforcement and where smokers can dispose of cigarette butts, according to ocnjdaily.com. Councilman Bob Barr echoed concerns about enforcement.

If the legislation passes, those who are found guilty of violating the ordinance would be fined between $100 and $250 for the first offense, and between $500 and $1,000 for each subsequent offense, according to the agenda packet posted on the city’s website.

But even if Ocean City’s proposal fails, there are efforts at the state level to pass a statewide smoking ban on all beaches.

State Sen. President Steve Sweeney (D-3) is sponsoring a bill that would ban smoking on all county and municipal beaches. S2534, co-sponsored by Vin Gopal (D-11) and Bob Smith (D-17), was introduced on May 10 and was immediately referred to the Senate and Budget Appropriations Committee.

Its sister bill in the Assembly, A4021, was introduced on May 24 and was immediately referred to the Assembly Tourism, Gaming and Arts Committee. The primary sponsor of that bill is Vincent Mazzeo (D-2), and John Armato (D-2) and Valerie Vanieri Huttle (D-37) are the co-sponsors.

In 2016, Gov. Chris Christie signed into law a bill that prohibits smoking on state beaches. Efforts to ban smoking on public beaches at the state level have been unsuccessful in the past, but there are several beaches that have banned the practice at the municipal level. The following Jersey Shore towns have banned smoking on the beach:

• Avon By the Sea
• Barnegat Light
• Beach Haven
• Belmar
• Cape May Point
• Harvey Cedars
• Lavallette
• Long Beach Township
• Long Branch
• Longport
• Point Pleasant
• Sea Girt
• Seaside Park
• Ship Bottom
• Spring Lake
• Surf City
• Asbury Park

Patch file photo