The Westbrook City Council and administration are considering an ordinance change that would make smoking illegal in certain areas of the city. The new nonsmoking zones would most likely be located in public parks and open spaces such as Riverbank Park and along the Riverwalk.
In a meeting of the council’s Facilities and Streets Committee on Monday, councilors voted unanimously to send a referral to the full council for an ordinance change establishing tobacco-free zones in Westbrook.
The intent of the move is to establish smoke-free areas where people are looking to get some fresh air and where young children are present.
“I’ve had numerous complaints from parents in particular about smoking at the playground area and the swimming pool,” Mayor Bruce Chuluda told the committee on Monday. “Other cities have enacted ordinances (against smoking in certain public places), and I think it’s time Westbrook did too.”
The administration and council are still undecided on how to enforce an ordinance change should one be enacted. Enforcement could range from no-smoking signs and self-policing to ticketing by police officers.
Although he is in favor of a smoking ban in certain areas, Councilor Ed Symbol said he was doubtful it would be an easy law to enforce without committing already limited police resources to patrolling no-smoking areas.
Councilor Drew Gattine said he thought that while there would always be a minority that would not follow the rules, the majority of smokers in the city would abide by the law and not smoke in designated no-smoking areas.
“I think most people in this community understand what the city would be trying to do,” he said.
Police Chief Paul McCarthy said an option would be to enforce the law the same way police enforce public drunkenness. By state law, police are required to give a warning to someone they think is intoxicated in public, but they are given the leeway not to give a ticket right away. If the person doesn’t comply with the no-smoking law, the officer could issue a summons, he said.
While the city is still undecided on how to enforce any ordinance change as well as what fines police might levy on noncompliant smokers, it is also still determining what areas in the city will be identified as nonsmoking.
In response to a June 12 request by the council, the administration prepared a list of suggested places where smoking would be banned. The list included Riverbank Park, Bicentennial Park including the new ramp park, and Saccarappa Falls Park and the boardwalk. It also included the skating rinks at Stroudwater Street, Bridge Street and Lincoln Street, as well as the ball fields at Foster Street, Bridge Street and Stevens Avenue, the Cornelia Warren Field and the outdoor swimming pool.
Gattine asked whether the smoking ban couldn’t be extended to all public property, to which City Administrator Jerre Bryant said some concessions might have to be made for city employees who smoke and would be required to leave the property to smoke.
“I guess I’d be a little hesitant say all city property because of that,” added Symbol.
McCarthy said some of the employees at the Public Safety Building, which is nonsmoking, are allowed to smoke in a specially designated area on the property. He suggested an accommodation such as that for employees at other city buildings who smoke.
“It gets a little more complicated when you start talking about somebody’s workplace,” said Bryant, who added that City Hall has a designated smoking area outside for its staff.
While the issue is undecided at this point, the administration will be investigating other communities’ policies to provide guidance to the council between now and the next full council meeting on Aug. 7. The meeting will be held at 7 p.m. in room 114 of Westbrook High School and is open to the public.
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