Oceanside considering smoking ban at parks, beaches
By: DAVID STERRETT - Staff Writer | ∞
Chris Winger smokes a cigarette while he fishes from the Oceanside Municipal Pier on Tuesday.
Hayne Palmour IV
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OCEANSIDE ---- While lying in the sun at Buccaneer Beach on Friday, Oceanside resident Teena Miller enjoyed a quick smoke and put the cigarette butt in her back pocket. A few feet away from Miller was a pile of nearly a dozen discarded cigarette butts tangled in dry seaweed.
The litter from the butts and the harmful effects of secondhand smoke has led Oceanside to consider banning smoking at its beaches, parks and pier. Councilwoman Shari Mackin has proposed a ban similar to those in place in Del Mar and Solana Beach.
"Being a smoker, I would not be thrilled about it," Miller said Friday. "But I think it's a good idea because all those butts are nasty."
Miller said she didn't think secondhand smoke is dangerous outdoors, and the issue is debated by opponent and proponents of smoking.
Carol Pennant-Jones, who has lived in Oceanside for 18 years and was reading a book at the beach off Cassidy Street on Friday, said she didn't see the need to ban smoking.
"I couldn't imagine anyone suffering from secondhand smoke at the beach or in a park, and I don't see too many cigarette butts," said Pennant-Jones, who added that she is not a smoker. "Where are smokers suppose to go?"
After Mackin raised the issue of a ban, Oceanside formed a six-person citizens committee in March to review existing laws and to gather ban-related comments from residents. After surveying nearly 9,000 Oceanside residents, the committee has recommended that the city allow smoking only in the parking lots of beaches, parks and the pier.
The Oceanside Parks and Recreation Commission voted 6-1 on Nov. 9 in a favor of the idea, but city staffers have yet to iron out such details as how the law would be enforced, said Michelle Skaggs-Lawrence, assistant to the city manager.
She said the proposed ban would be reviewed by several other advisory groups in the next couple of months before going before the City Council in about six months for a vote.
"This would be a huge change," Skaggs-Lawrence said Thursday. "We are at the very beginning stages of looking at it, and the public will have a lot of time to weigh in."
Smoking survey
Mackin, a former smoker, said the results of a recent survey "speak volumes" about the support for a smoking ban. Oceanside, which has about 175,000 residents, sent out 42,000 surveys on the proposed ban with July water bills. About 8,943 people mailed back the surveys.
Nearly 80 percent of respondents said they would support a policy that prohibits smoking at the parks, beaches and pier, and less than 30 percent said people have the right to smoke at these locations. When asked if secondhand smoke is dangerous, nearly 90 percent said yes, and about the same number of people said they were bothered by tobacco-related litter.
"The results are pretty impressive," said Mackin, who added that the smoking survey had a much better response than a survey several years ago about what the city should do with the 465-acre city-owned El Corazon property in central Oceanside.
A report on the survey created by the Vista Community Clinic, however, notes that people who don't pay water bills, such as those in apartments, didn't receive the survey.
The report states that "while it is hoped that the survey data describes information about pubic opinions in general ... it is not known if these opinions reflect the opinions of all Oceanside residents."
Officials with several smoking rights groups said Friday that only people passionately against smoking would take the time and effort to fill out the survey and mail it back to the city, while those who don't have a problem would not bother.
Skaggs-Lawrence said Oceanside's existing laws allow smoking at all parks and beaches except right next to children's playgrounds.
Oceanside Unified School District banned smoking on all of its properties in 1992, and Solana Beach, Del Mar, and the city and county of San Diego have banned smoking at parks or beaches.
"I don't want Oceanside to become the ashtray of North County," Mackin said. "We don't want to miss the boat on this."
Existing smoking bans
Solana Beach became the first city in the continental United States to ban smoking on its beaches in 2003, said Solana Beach Councilman Joe Kellejian.
He said Solana Beach decided to ban smoking at its beaches and parks after a group of high school students made a presentation to the council about picking up more than 6,000 cigarette butts at the beach in one hour.
The students urged the council to impose the ban on smoking because cigarettes are dangerous for the environment and residents.
Kellejian said there was tremendous support for the ban in the community and no organized opposition.
"The decision was easy for me because, as a city council member, I'm suppose to protect the health, safety and welfare of our citizens," said Kellejian. "We have had very good results with the ban."
Kellejian said Solana Beach staffers have told him there has been a "dramatic decrease" in the number of cigarette butts on the beaches in the last three years.
The improvements are all due to residents and visitors making sure their peers comply with the rules, said Kellejian.
He said the city has put up signs saying smoking is banned, but not one ticket has been issued since the law went into effect and sheriff's deputies don't go out of their way to look for smokers.
"This is something that hasn't cost one dime more for the city," Kellejian said. "It's a matter of people policing themselves."
Kellejian has urged neighboring cities to pass similar ordinances, and nine of 18 cities in San Diego have such laws. The Encinitas City Council voted 3-2 against banning smoking at beaches in 2004, with those in opposition saying that it would be too restrictive.
Debating smoking
Banning smoking at beaches and parks is discrimination, said Robert Best, the California state coordinator for a worldwide, volunteer-based smoking advocacy group called The Smokers Club.
"We pay taxes to keep these beaches and parks, and city politicians tell us we are not wanted here," said Best, who lives in Ventura. "Smoking is just unpopular now."
Best said most smokers go out of their way not to smoke next to someone and make extra effort to avoid smoking near children. He said secondhand smoke in outdoor areas is not a major health issue.
When smoking bans are put to voters, they usually fail, but not many smokers don't go to council meetings to defend their rights, he said.
"My best advice to Oceanside residents is to get out to the meeting, " Best said. "Tell the council you don't want to be persecuted anymore."
But Mackin said that, on the other hand, smokers "don't have special rights guaranteed to them and smoking is not a civil right."
Mackin said smoking needs to be banned because children burn themselves on lit butts left around the beach and suffer from asthma attacks during sporting events because of secondhand smoke.
Several studies released this last year by organizations such as the surgeon general indicate that secondhand smoke in outdoors areas is dangerous, said Gena Knutson, the tobacco control program manager for Vista Community Clinic.
She said the nonprofit clinic supports the proposed ban because secondhand smoke can be harmful to children or residents with health problems.
Mackin said enforcing the law won't be difficult because residents would police themselves.
The city needs to put ashtrays in the parking lots for smokers so they don't have to litter, said Tanessa D'Oporto, an Oceanside parks and recreation commissioner who was also on the smoking ban committee.
"I want to make sure smokers aren't banned all over Oceanside," said D'Oporto who supports the ban. "Instead of just telling them they can't smoke, I want to tell them the areas they can enjoy smoking.
"But this isn't going to happen overnight."
Contact staff writer David Sterrett at (760) 901-4067 or dsterrett@nctimes.com. Comment at nctimes.com.
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Al wrote on Nov 19, 2006 12:35 AM:Great idea! Let's do it because we al know we can't rey on the smokers to clean-up after themselves. While some smokers are considerate, most are not. Every weekend, when I do my yard work, I have to clean-up butts in my front yard from people who park on the street in front of of my house. Why can't these smokers discard their butt's in their car ashtray? I see these same acts of laziness everwhere with smokers. I find smokers respulsively rude.
Mike wrote on Nov 19, 2006 5:56 AM:I have heard people say that California is a nutty wacky state, no really I'm shocked. Health fascist strike again.
George wrote on Nov 19, 2006 8:13 AM:People park in front of my house and eat their lunch from the fast food place down the street. So I am always cleaning up wrappers and bags of people's discarded food items. Can we outlaw public eating next?
RJC wrote on Nov 19, 2006 8:21 AM:I'm a non-smoker and am anti-smoking, but many people do smoke and they need a place to do it in peace. Shari Mackin's latest proposal is about as stupid as banning gum chewing. What a mess! For Shari Mackin, and those like her who don't respect the rights of others, please find another line of work. Soon.
To Al, wrote on Nov 19, 2006 8:23 AM:You are over reacting. There ARE litter laws to be enforced.
Zephon wrote on Nov 19, 2006 9:38 AM:I too am tired of picking up cigarette butts from in front of my house. Nothing irritates me more than seeing a driver/passenger in a car throw their butts out on the street. Then I think of the health care costs we have to pay for because of these reckless smokers...
Wayne wrote on Nov 19, 2006 9:47 AM:Hell...you can't rely on anybody to clean up after themselves. There's litter everywhere ... and banning smoking for the litter is asinine. If that would really work ...which it won't ...we could ban everything else we find as litter on the beach....so why not just skip to end and just ban people all together. Oh ..would that be stupid ? Yeah, I thought so too. Maybe that's a clue this is a stupid proposal. Any yes ...people that litter are rude .. no matter what it is. But they still do it...go figure. Of course, we don't really clean the beaches do we ? I mean besides those periodic group of citizens that take time out of their busy lives to hand pick the trash and dispose of it ? If we want cleaner beaches maybe we should clean them like we do the streets. Or hey ...you could designate areas as no smoking instead of the whole place and just clean it with a sifting machine ... I mean after all they might be smokers but they pay taxes and have rights too. Just a thought. Yeah...go ahead ... its OK ot discriminate against a nitch group ...it won't piss 'em off or make them more disgruntled. And it won't annoy non-smokers like me either...who hate oppressive ordinances that look good but really aren't. Oh wait ..yes it will !
RBV dad wrote on Nov 19, 2006 10:12 AM:My high school daughter was one of the "periodic group of citizens that take time out of their busy lives to hand pick the trash and dispose of it" She said, (I saw her litter bag) they picked up MANY more cigarette butts than anything else. About 50 - 1. Why is this? Lots of people eat and drink on the beach. Could it be that only a few leave their trash behind, where as all most all smokers leave their's behind? Also, non-smoking areas do NOT work and are laughable - unless you can train smoke to stay in the non smoking area. We have to add laws and rules when people are not responsible, mature, and considerate of their fellow man (or woman as the case may be). Smokers have taken advantage and been extremely inconsiderate of everyone else for many decades, it's about time it changes!
Asthma patient wrote on Nov 19, 2006 10:50 AM:I am all for the ban. Not only for my health, walking by a lit cigarette triggers my asthma, but for the environmental benefits as well. The amount of filthy cigarette butts on our beautiful beaches is disgusting and certainly doesn't showcase this wonderful city! Yes on the BAN!
Kyle wrote on Nov 19, 2006 11:47 AM:Oceanside has a terrible cigarette litter problem. Talk all you want about rights and second hand smoke, but just go down to the beach and look at the ground.
Judi wrote on Nov 19, 2006 12:06 PM:I agree with Al ... smokers think nothing of discarding their drugs anywhere they want to. They are the 1st ones to complain about litter ... do they not consider butts on the ground litter? The sooner this law is enacted the better ... I visit Oceanside every year for vacation ... this law would only make for a more enjoyable visit.
Janice wrote on Nov 19, 2006 1:06 PM:You sent out 42,000 surveys, to 175,000 residents and you got a 21% response, it seems that there may be some accuracy in the statement that only the passionate responded, wonder how many of them are ex-smokers? Dealing with an ex-smoker is like dealing with an alcoholic who believes everone who has a cocktail is a drunk, or a gambler that thinks every casino should be closed, they have no perspective on the situation. Smokers are blamed for asthma attacks at kids sporting events, excuse me? When was the last time you were at a kids sporting event? It is rare anyone lights up around the kids ballfields anymore, it is too politically incorrect. There will always be the discourteous that litter their butts, the same as those that toss the other trash out their windows or leave their food wrappers on the beach. Give us a break, what are you gonna ban next? Who is in line for attack after you are done villafing the smoker?
JANE wrote on Nov 19, 2006 1:09 PM:How about enforceing the laws that are all ready on the books. Littering still carries a $1000 fine if cited. I think that the people that are paid to enforce the laws should start paying closer attention and start writing litter tickets for individule litter bugs and leave responsible people alone. Smokers should be able to smoke in most places and they should be more considerate about who they smoke around and nobody should leave their trash behind.
deb wrote on Nov 19, 2006 2:28 PM:Why not blame it on the Mexicans, They get blamed for everything else.
I want to ban MEAT: wrote on Nov 19, 2006 4:46 PM:From all stores too.
Phil wrote on Nov 19, 2006 4:54 PM:Educated cities have smoking bans. Oceanside is home to the riff raff smoking ban is out of the question here. Who cares about those of us with asthma and allergies, Oceanside loves the junkies.
snowbird wrote on Nov 19, 2006 5:43 PM:You give the anti smokers an inch and they will take a mile They will almost to anything to isolate the smoker..The whole ball of wax is to denormalize smoking ...
Smoke If You Want To wrote on Nov 19, 2006 6:11 PM:Just please don't do it around me. My asthmatic lungs can't take it ... even for a passing moment. Please also clean up after yourselves. A left over drink container is no less infuriating, but far from as common as a disgarded cigarette butt.
Grump wrote on Nov 19, 2006 7:42 PM:The smoke doesn't offend me half as much as when someone throws a butt out their window or on the ground. I think that there should be a dollar a pack CRV, just like with plastic and cans. It would do two things, give the transients a job picking up butts that are worth 5 cents each, and help keep America beutiful. And George, what the people are doing in front of your house is called littering, it is against the law.
Smokin' Mad wrote on Nov 19, 2006 9:58 PM:Did any of you PCers ever consider that perhaps most of the butts come from storm sewers on the street and not from people butting cigarettes on the beach. Most smokers pick up their butts off the beach. There is more trash from pop cans and water bottles and paper. With the amount of wind off the ocean, the second-hand smoke issue is a red herring. There is NO WAY it can bother anyone, unless they are trying to inhale it. PCers go bark at someone else. Smokers are already up the tree.
Asthma, Smathma wrote on Nov 19, 2006 10:05 PM:Cough! Cough! There is no possible way smoke from a cigarette on a beach could bother you drama queens. The smoke goes straight up in the air from the ocean breeze. This whole issue is just a way for the anti-smoking crowd to force their will on smokers. So much for personal liberties or shall we say pro choice. The anti-smoking radicals are not liberal as they claim, but left-wing bullies who want to push their own beliefs on smokers.
I'll smoke anyway wrote on Nov 19, 2006 10:24 PM:You are not supposed to drink or have dogs at the beach either. Good luck trying to enforce it. People still do it. Smoking will be no different.
Thomas wrote on Nov 19, 2006 10:41 PM:Enforce the 'litter ban' a lot tighter then you don't have to pass another smoking law
O'side Res wrote on Nov 20, 2006 9:43 AM:Another freedom gone. lets impose more laws on people. I don't smoke.
No Perfume wrote on Nov 20, 2006 8:08 PM:I can say that I absolutely positively cannot stand the smell of cigarette smoke. It doesn't matter if it's inside or out ... For extended periods or only a brief moment. It's a nasty and disgusting smell. It affects my allergies and my asthma ... making me reach for my inhaler 9 out of 10 times. However, as much as I hate cigarette smoke, I get the same effect from someone walking by who's wearing too much perfume or cologne. Now what?
To Smokin' Mad wrote on Nov 20, 2006 8:10 PM:While the thought may have entered my mind at some point, it's quickly proven wrong everytime I drive down the street or walk through a park and see numerous people toss them to the ground. Of course I have to concede that the soda cans and everything else steams me just as much. The underlying problem is a general lack of respect for those around you. It's unnecessary, unappreciated and uncalled for. People either need to learn how to act or they need to stay home!
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