Fort Myers Beach Council moves forward with ordinance prohibiting smoking and vaping at beaches, parks
The Town of Fort Myers Beach Council moved forward with an ordinance which would ban most smoking on beaches and parks in the Town of Fort Myers Beach. Lee County passed a similar resolution last year which covers county-owned beaches and parks, which includes Bowditch Point Regional Park, Crescent Beach Family Park and Lynn Hall Memorial Park on Fort Myers Beach.
The ordinance, which passed a first reading by the council on Monday, would prohibit the smoking of any tobacco products except unfiltered cigars, as well as any vapor-generating electronic device. The ordinance also prohibits the possession of “a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance.
The proposed ordinance does not include the mere possession of a vapor-generating electronic device.
The ordinance would extend to beach access areas which the public uses at more than two dozens locations of the island to walk onto the beach.
Councilmembers had several questions regarding the proposed ordinance. Fort Myers Beach Mayor Dan Allers asked if the prohibition in beach access areas would extend to people smoking in their cars at beach access points.
Councilmember John McLean asked if the ban would also include the smoking of non-tobacco products, such as herbal cigarettes. “There are non-tobacco products that people smoke,” McLean said. “It’s not a die on my sword thing, it’s just if we are going to stop smoking, we should stop smoking.”
Allers asked if that would include hookah pipes. Councilmember Rebecca Link said she has a neighbor who rolls her own cigarettes, so they don’t have a filter to be considerate of the wildlife. “It is the filters that are a problem for wildlife. That is why she does it,” Link said. Link suggested an exception for non-filtered cigarettes be considered.
Town of Fort Myers Beach Attorney Nancy Stuparich said the enforcement is another issue that would need to be discussed. She said the litter and environmental impact may also need to be addressed. Stuparich said there should be a citation issued by town code enforcement.
The council did not take up what kind of penalties could be in store for those who violate the ordinance or who litter the beach or town parks with tobacco products or vaping products. Allers said he would like to see strong penalties for the littering of tobacco or vaping devices.
Link said there should be signs at beach accesses and there should be an educational effort at the beginning of the implementation of the ordinance, and an escalation in penalties. It should start with a warning, followed by a citation and increase in fines.
“The vaping part is the big one,” Councilmember Scott Safford said. Safford said in Europe there is a lot of trash from discarded vaping products.
Hunter Shamlian, operator of Paradise Vape and Smoke Shop at Seagrape Plaza on Fort Myers Beach, said he believed the biggest issue was littering on the beach.
“The battery stuff is an issue at times,” Shamlian said, in reference to vaping devices. “The open beach where people like to drink, they tend to like to have their nicotine devices as well.” Shamlian said he supported “steep fines” for littering.
Sally Kreuscher, Director of Community Health and Benefit at Lee Health and chairperson for Tobacco Free Lee. The organization includes School District of Lee County, American Heart Association, Drug Free Lee, Youth Services Coalition, Florida Department of Health and other groups supporting the ordinance “to protect the health and well being of our residents and to preserve the beauty and charm of our wonderful community.”
Tobacco use, Sally said, remains a leading preventable cause of disease and death, leading to cancer, respiratory conditions, heart disease and stroke. Second-hand smoke is particularly dangerous to children, older adults, and adults with chronic health conditions, Sally said. Sally said Sanibel and City of Fort Myers have passed similar ordinances. “These types of policies help reduce cigarette litter, promote healthier lifestyle choices and increase quit-attempts by those who use tonacco,” Sally said. Cleaner, smoke-free environments also help promote tourism and increase the appeal of the community. “The primary concern is protecting public health.”
The ordinance requires a second reading by the town council before it can become town law. The council is expected to take up a second reading of the ordinance on Monday, April 20. Two readings of the ordinance are required before the council can approve the ordinance into law.
Fort Myers Beach Observer Editor Nathan Mayberg can be reached at NMayberg@breezenewspapers.com
To reach Nathan Mayberg, please email nmayberg@breezenewspapers.com