Laguna Enacts City-wide Smoking Ban

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No smoking signs in Laguna's wilderness areas.
No smoking signs in Laguna’s wilderness areas.

By Cassandra Reinhart, Special to the Independent

Laguna Beach has become the first city in Orange County to effectively ban smoking in all public places.

The City Council voted unanimously Tuesday to ban smoking in all outside areas including sidewalks, parking lots, streets, alleys, outdoor dining areas and common areas of apartment buildings. The vote expands the city’s current smoking restrictions, which previously included public beaches and parks and areas considered a fire hazard.

“This advances civilization,” said City Council member Rob Zur Schmiede. “It recognizes that smoking is a bad thing; it’s not healthy.”

Exceptions include smoking at private residences and inside private vehicles. The ban includes “vape” pens and e-cigarettes, and also effectively bans the use of marijuana in public areas. Proposition 64, which passed in November, allows adults 21 and over to use marijuana legally in private homes and private businesses and also allows residents to grow up to six plants in a secure area of their home.

“This ordinance is about community empowerment,” said Ravi Choudhuri, advocacy manager for the American Lung Association of Orange County. “This is giving our community members the right to speak up for their health.”

In January, Choudhuri presented the council with a failing “F” grade from the American Lung Association. The city was one of 31 Orange County cities receiving a failing grade from the organization. After that designation, and findings from a 2016 survey showing 75 percent of Laguna Beach residents are behind stricter smoking laws, councilmembers acted.

Resident James Malm, who testified at the hearing, said he paid a year’s rent up front to secure a rental on Cliff Drive, not knowing he moved in next to a sober living facility with round-the-clock outside smokers.

“I have a freshman in high school and a sixth grader in middle school, and they are adversely affected and impacted,” Malm told the council. “I have not opened my windows since I moved in. As a parent I feel like I am letting my child down.”

Laguna Beach banned smoking in public workplaces in 1985, and since then has progressively widened the ban to include public parks, beaches, and hazardous fire areas.

Violation of the smoking ordinance will cost $100 for the first offense, $200 for the second offense and $500 for a third, within one year. And if you are caught smoking in a hazardous fire area, you’ll be charged with a misdemeanor.

“This policy is not about police enforcement and issuing citations, and taking up the police force’s valuable time. With the proper signage throughout the city, this issue is mitigated and will not be an issue for the police department,” Choudhuri said.

Though all who spoke at the council meeting were in favor of the ban, some, like resident Hillary Cole, pointed out its potential impact on visitors.

“We do have a lot of tourists that visit especially from other countries,” Cole said. “Is there a way we can modify it a little bit to not chase away all of our European tourists?”

City staff credited the success of other anti-smoking campaigns in beach cities to signage and pubic outreach. Staff will be asking for a budget of $10,000 for public education on the initiative at the second reading.

“If you get on Ocean Avenue about 10 at night, and people are on the street, they are on the street because they like to have a cigarette and go back in the bar,” said Mayor Toni Iseman. “That’s going to be an issue and we are going to have to do some education on this.”

“I think this is responsive to the desires of our community,” said Council member Bob Whalen. “We are implementing the will of the people of Laguna on this one.”

The smoking ban ordinance will have a second reading May 23 and if adopted will go into effect 30 days later. For residents like Malm, the ban can’t come soon enough.

“I really hope you can help my kids out,” Malm said. “That’s really who can’t get away from it.”

 

 

 

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11 COMMENTS

  1. Gee whiz .. and just exactly where are the homeless supposed to smoke .. certainly not in their ‘car’ or ‘home’ … seems like one more opportunity to cite them, jail them and keep them in the hamster wheel.

  2. Catharine, right on, another ACLU lawsuit restricting liberties since homeless have no personal space, car or home to smoke! Sounds like another poorly considered ordinance that will make the City Attorney $$$, conflict of interest of another poorly thought out ordinance? Its one thing to ban on beaches, another to ban in entire city limits. There goes business & commerce sinking European & Asian tourism dollars.
    Residents was DATA & established fact: HOW MANY RESIDENTS RECEIVED & RESPONDED to this alleged survey. I didn’t answer a smoking survey, did you???

  3. So who exactly is gonna enforce this ban? THe LBPD? What a joke! Why in the world would we turn our already inept PD into enforcers of this ridiculous smoking ban? I’m as liberal as they come, but even I can’t abide by this PC run amok legislation. Wake up!

  4. Yikes! This is textbook tyranny of the majority. What has this town come to? It is frightening to imagine what is next. So glad I moved to Dana Point.

  5. It’s and esay win for The council, Pot is now a $100. dollar fine, second offince $500. basically you went against the will of the people, what was it? Something like 70% pro weed, now it’s more illegal on the streets than it was before it was legalized. Look up it up, I think it’s Finchel Verses the D.A.R.E. program, an activist in Ocean Beach NewJersey, Proved that DARE, Actually was the gateway to youth doing drugs, Prohibition creates rebellion ,especially amonst youth.If any drug is the gateway its Alcohol. It’s the parents and the schools that should be held accountable. Honest education from all points of veiw, is what we need.

  6. Out of site out of mind are the real issuse ignored, like The Banksters roobbing us all Bug Pharma pushing drugs, such as Opiods, vastely inferior to Cannibis as a pain killer with good side effects, Roardup Ready and other toxic ingredients, now it’s in our body’s, in the Ocean and fish and even in Organic food. I like the theory that of you make a new law, they should have to repeal 2 other laws

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