Fort Myers Beach Council passes beach smoking ban
The Town of Fort Myers Beach Council formally approved a ban on smoking and vaping on the town’s public beach areas at today’s meeting following a second reading of the new ordinance. Only non-filtered cigars are now allowed on beaches in the town, as part of an exception carved out by the state legislature. The smoking ban follows one passed by Lee County commissioners on its beaches last year.
The town council passed the bill unanimously.
Fort Myers Beach Manager Will McKannay said the town currently has a $50 littering fine that could be used against those who leave cigarettes or other smoking utensils on the beach. McKannay said the fines for littering “progressively go higher” upon each additional violation. Town rangers or code enforcement could also issue violations for smoking or vaping to violators, which would go in front of a town magistrate, McKannay said. McKannay said it was up to the town council whether they want to pass a new fine to the town’s fee schedule. “We can consider adding it to our fee schedule,” McKannay said.
Fort Myers Beach Vice Mayor Scott Safford said he would like to see signage at the beach to inform the public of the smoking ban as well as receptacles placed at the beach by the town for cigarette butts and vaping utensils.
“Let’s be honest about this ban, it’s not the smoke that we are concerned about, it’s the littering,” Safford said after the town council’s vote. “As stewards of this island it’s the council’s job to do everything we can to protect our beaches and waterways.”
Safford said that supplying receptacles at beaches for cigarette butts was a growing trend and is also concerned about vaping devices becoming mixed up in regular trash or recycling bins.
“Municipalities are starting to provide cigarette butt receptacles,” Safford said. “I’d like us to go one step further and have separate vape receptacles. Because they contain lithium-ion batteries and, in some cases, residual, hazardous nicotine, vapes should never be placed in standard household trash or mixed-recycling bins.”
In 2022, the state legislature passed a bill which preempted counties and municipalities from being able to establish any regulations on the smoking of unfiltered cigars. The bill had been opposed at the time by former State Senator Ray Rodrigues, who formerly represented Fort Myers Beach and Lee County. The bill was backed by State Rep. Adam Botana, who represents Fort Myers Beach, Bonita Springs and Sanibel in the state legislature. The 2022 bill passed the State House 105-10 and passed the State Senate 30-7 before being signed into law by Gov. Ron DeSantis. Botana did not respond to a message seeking comment.
To reach Nathan Mayberg, please email nmayberg@breezenewspapers.com