PUBLIC SMOKING BAN COMING?

TC members discussed the possibility of a ban on smoking in public tonight.


PATCH reports:

....presentation on public smoking for the Board of Health meeting (the Board of Health meeting that takes place within the Township Committee meeting). First, new Township Committee member India Larrier was elected President of the Board of Health for the year 2012. Dr. Fred Jacobs, a pulmonologist and former NJ State Commissioner of Health, presented on smoking in outdoor places. Jacobs said that even casual amounts of exposure in the right person can have detrimental effects — especially in children. He said that about 45,000 to 50,000 Americans exposed to second hand smoke die every year. Smoking also represents billions of dollars of health care costs every year, and is the single most preventable cause of death, said Jacobs. Already, smoking is not allowed in most indoor public places in the State of New Jersey (excluding gaming floors in Atlantic City casinos). Committeeman Jerry Ryan asked Jacobs about the enforceability of such a ban. Jacobs countered that he felt that most people obey the law, and that it sends the right message although it is difficult to enforce. He said that violations of the indoor air act can go up to $1,000, but that media exposure rather than fines were what made such bans work. Mayor DeLuca said the Committee had looked at ordinances in Union County and in Paramus. In Union County, violators are only ticketed after being ordered not to smoke. Paramus has an outright ban on outdoor smoking in parks. Jacobs noted that school-based activities in parks already are covered by a ban. He also argued against segregating parts of the park. "You should go all the way," said Jacobs, who encouraged including sidewalks. Town Counsel Roger Desiderio asked where the state was on enacting a ban and wondered if there were challenges on these locals ourdoor ban ordinances based on the fact that the state did not have an act banning outdoor smoking. Jacobs said that the smoke free air act of 2006 had made it easier for municipalities in New Jersey to be as restrictive as the state and that there had been no major challenges to the ban. DeLuca noted that New York City had phased in its ban on smoking in parks and asked what the right time frame might be. Karen Blumenfeld, Executive Director of GASP, suggested 30, 60 or 90 days for phase-in but encouraged the town to have such a ban in place by spring when people are beginning to use the parks heavily — so as to avoid confusion. Maplewood resident Drew Dix felt that perhaps smoking should be a personal choice and that people could extinguish their cigarettes when asked at events such as Maplewoodstock. As stage manager of Maplewoodstock, he said, however, that he would enforce the ban if passed. Committeeman Marlon K. Brownlee asked about temporary bans for events (Blumenfeld said that, yes, this had happened). Health Officer Bob Roe said he supported such a ban. DeLuca said that the Board of Health was looking for direction from Roe on what the boundaries should be — the curb of the sidewalk or not? and would Oakview Avenue within the park be included in its entirety in the ban? The Committee seemed to run 3-2 in favor of such a ban, with DeLuca, Leventhal and Brownlee in favor and Ryan and Larrier with reservations — particularly around enforcement. The Mayor instructed Desiderio to move forward on drafting an ordinance.