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Delray mayor pushes to ban smoking along parts of beach

By Erika Slife

South Florida Sun-Sentinel

Posted September 22 2006

DELRAY BEACH -- Frustrated that smokers are using the entire beach as a giant ashtray, Mayor Jeff Perlman would like to divide the sands into smoking and nonsmoking sections.

If only the state would let him.

LocalLinks

Cities and counties don't have the power to regulate smoking in public areas under the state's Clean Indoor Air Act, according to a 2005 opinion by the Attorney General's Office. So Perlman said he will turn to the state Legislature to see if there's any willingness to modify the law.

"It sounds like something that cities should be able to do," Perlman said.

"Clearly there's a problem for the environment when we leave this stuff in the sand. We'd like to designate areas to keep it as clean as possible."

Cigarette butts already fall under the city's litter ordinance, and violators could be fined up to $250 for infractions on the beach, but the regulation is rarely enforced, the city said.

Cigarettes are the No. 1 littered items in the country, accounting for up to 35 percent of picked-up trash, according to Keep America Beautiful, the nation's largest nonprofit community improvement organization. As a result, cities in coastal states around the country are considering smoking bans or restrictions on their beaches, with California governments leading the way, said Bronson Frick, associate director of Americans for Nonsmokers' Rights.

"The smoke-free beach movement is fueled less by secondhand smoke, but more by the concern over litter, protecting kids and the environment," Frick said.

Perlman was prompted to look into the issue after a new resident e-mailed him with the idea.

His decision was solidified after last weekend's beach cleanup when local volunteers dug up thousands of cigarette butts as part of the International Coastal Cleanup Day.

At Delray Beach alone, volunteers uncovered at least 3,540 cigarette butts.

"If people would just be responsible, we wouldn't have to do these things," said Perlman, who has never smoked and lost his mother to lung cancer.

State Rep. Adam Hasner, R-Delray Beach, said he would be willing to "explore what would need to be done at the state level" to allow cities to regulate their own smoking ordinances, but cautioned that any talk of changing the state's law is very preliminary.

Despite the attorney general's position, cities across Florida have enacted their own laws regulating smoking. Wellington designated smoking areas in its parks six months ago. Boca Raton restricted smoking in city parks long before the attorney general issued his opinion.

In November, Cocoa Beach residents will decide through a referendum if they support a smoking ban on beaches and parks. If voters decide they like the idea, Cocoa Beach Mayor Skip Beeler said he would propose a smoking prohibition ordinance.

"The AG opinion is only considered persuasive with the courts. They're not binding," said Beeler, quoting the Cocoa Beach city attorney's recommendation.

"Our attorneys told us it was OK, so we'll just keep going."

Last July, the Boynton Beach Recreation and Parks Advisory Board considered a ban after being approached by Action on Smoking and Health, a Washington D.C.-based antismoking organization.

But board members weren't convinced smoking should be prohibited on the city's 965 feet of beachfront.

Smokers relaxing Thursday at the beach said they'd be open to the idea if there were areas set aside for them where they'd be welcome to puff.

"People have the right not to be in secondhand smoke," said Brian Hitt, 42, a Delray Beach smoker who admits to putting his butts out in the sand.

"If they restricted it all around, then I feel it was in violation. People do have rights to smoke."

It took a heart attack to curb Joe DiBarri's nicotine habit, the 63-year-old said.

"If there's kids on the beach and they step on a hot cigarette, they could get hurt," said DiBarri, a Delray Beach resident.

"And it is litter. Even the secondhand smoke can get you if the wind is blowing."

John and Donna Antonelli, also of Delray Beach, said they bring along their own ashtray every time they head for the surf.

"We live here. We care about our beach," said John Antonelli, 59, whose white ashtray sat near his blanket. "If everybody does it, it would be a lot cleaner."

Staff Researcher Barbara Hijek and Staff Writers Erika Pesantes, Stephanie Horvath and Luis F. Perez contributed to this report.

Erika Slife can be reached at eslife@sun-sentinel.com or 561-243-6690.

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Guest coach

One problem is, the cities do not own the beaches. Those are all state-owned. So it might be harder to create regulations there than places like city parks and promenades.

Personally, I think flicking your butt should be a shootin' offense. That would fix the problem up quick. Ever stepped on a burning butt with bare feet?

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Guest vaughan

It's THEE single most disgusting thing in the world.

Try doing a beach clean-up and 90% of things you pick up are cigarette butts. They don't even decompose... they get hard like little chicken bones and they are EVERYWHERE! I promise the next time you lay down... you're laying on AT LEAST 50 cigarette butts!

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Guest dancefloored

DELRAY! lol

I can see how Delray would see these as a bigger problem than anywhere else. The hub for recovery in the easter U.S. I quit smoking 2 years ago but people in recovery are generally chain smokers like you've never seen. And since they live right by the beach thats where they usually hang.

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Guest Major

One problem is, the cities do not own the beaches. Those are all state-owned. So it might be harder to create regulations there than places like city parks and promenades.

Personally, I think flicking your butt should be a shootin' offense.

Bring back the guillotine ;)

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It's THEE single most disgusting thing in the world.

Try doing a beach clean-up and 90% of things you pick up are cigarette butts. They don't even decompose... they get hard like little chicken bones and they are EVERYWHERE! I promise the next time you lay down... you're laying on AT LEAST 50 cigarette butts!

In Jersey they find medical waste, here it's cigs, I rather have the medical waste..

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Guest Philip

Cigarettes are do bad for you, I prefer Cloves ;D

cloves went out of style in the early 90's...

tell that to the mob of ladies that appear out of nowhere asking for one when i light one up ina bar or club

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Guest Philip

Cigarettes are do bad for you, I prefer Cloves ;D

cloves went out of style in the early 90's...

tell that to the mob of ladies that appear out of nowhere asking for one when i light one up ina bar or club

ghetto chicks don't count

you obviously havn't met me

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Guest Philip

Beat, u should try Catnip.

you can't possibly be talking to me (beat? lol)

whats that legal stuff that people buy in smoke shops that puts you "way out there" for a few minutes...? now that stuff is wack lol

ok, ok - cloves are nineties but they still draw a crowd. then again so does Michael Jackson

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Beat, u should try Catnip.

you can't possibly be talking to me (beat? lol)

whats that legal stuff that people buy in smoke shops that puts you "way out there" for a few minutes...? now that stuff is wack lol

ok, ok - cloves are nineties but they still draw a crowd. then again so does Michael Jackson

Michael Jackson may be a freak but id def go to a concert if he played down here

michael-Jackson.jpg

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