Arkansas town OKs tobacco ban in parks

In approving ordinance, city leaders cite concerns about litter, public health

FORT SMITH -- Smoke 'em if you got 'em, because in less than 30 days it will be illegal to smoke or use any tobacco, electronic cigarette or vapor products in Fort Smith's city parks.

City directors approved on Tuesday an ordinance recommended by the Fort Smith Parks and Recreation Commission to ban smoking in the city's parks. City Director George Catsavis voted against the ordinance.

The ordinance goes into effect 30 days after its adoption, according to the city clerk's office.

Fort Smith becomes one of about 1,400 cities in the country that has banned the use of tobacco products from its parks, Parks and Recreation Director Doug Reinert said.

Several cities in Arkansas, among them North Little Rock, ban smoking in parks. Sebastian County has prohibited smoking on county property since 2015.

Park commissioners voted to recommend the ban to reduce people's exposure to secondhand smoke and smokeless-tobacco-juice spit in the dirt, in order to preserve public health and safety and to reduce litter in the parks.

Electronic cigarettes or vapor devices were included in the ban because allowing them would send mixed signals about the city's opposition to the health hazards of smoking, commissioners said.

City Director Kevin Settle said people may have a right to smoke, but people also have a right to be free of having to breathe tobacco smoke.

The ban coincides with the city's effort to encourage healthy lifestyles by such things as developing trails throughout the city.

"It's about the kids; it's about the families," he said.

Resident Danny Seamans, a nonsmoker, told city directors that he believed people should have the right to choose whether they want to smoke in the park. He also wondered how the city would enforce the ban.

Another resident, Melissa Woodall, said she disagreed that secondhand smoke in the parks is a hazard since they are in the open air. She suggested setting up smoking areas and pointed out that the city already has a litter ordinance that addresses cigarette butts.

Park commissioners considered setting up smoking areas, but boundaries would have to be set up and the city would have to pay for signs designating the smoking areas and receptacles for the cigarette butts.

The ban extends to all the city's parks and recreation areas. The parks department website said Fort Smith has 24 parks: four main community parks, three riverfront parks, three downtown parks, seven specialty parks and seven neighborhood parks.

The penalty for the first violation of the ordinance is $25, a second violation carries a $50 fine, and a third carries a $100 fine.

State Desk on 02/23/2017

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