The smoke will be clearing by the end of the week in three of
the City of Bradford’s most heavily used parks.
At Tuesday’s meeting of Bradford City Council, a resolution to
ban smoking in Veterans Square, Hanley Park and Callahan Park
passed by a 3-to-1 margin.
Mayor Michele Corignani cast the lone dissenting vote;
Councilman Bob Onuffer was not at the meeting.
Councilman Tom Riel, who introduced the measure a few weeks ago,
read the proposed resolution, “Prohibition of smoking within
certain city parks; the smoking of tobacco products including, but
not limited to, cigarettes, cigars and pipes is hereby prohibited
in the following city parks, except in any completely enclosed
building herein: Veterans Square, Callahan Park, Hanley Park.”
“You mean to tell me they can smoke in the buildings?” asked an
incredulous Parks Director Chip Comilla. He said it was his
understanding that smoking is prohibited inside city buildings.
Solicitor Mark Hollenbeck said that it is.
Apparently, smoking is prohibited by building policies, not by
law. The state legislature is currently working on a law to govern
smoking inside buildings.
“It’s counter-intuitive, I know,” Hollenbeck said. “It may be
pre-empted by the state.”
He explained the state legislature is concerned with clean air,
while this resolution is aimed at the litter of cigarette
butts.
“You just opened up a big door with that last sentence” of the
resolution, Comilla said.
“I urge council to table this motion,” Corignani said. “I think
that without an enforcement mechanism, this council is walking on a
thin sheet of glass.”
“I feel comfortable with Solicitor Hollenbeck’s opinion,” Riel
said, explaining Hollenbeck has researched the issue
extensively.
“There is no smoking in city buildings. That’s what I was told
when I was hired,” Comilla said. “This changes it.”
“No it doesn’t,” Hollenbeck said. He explained it deals only
with the parks that are named and doesn’t change any existing
policy or law.
Fire Chief Bill McCormack spoke up, suggesting perhaps
designated smoking areas are a way to resolve the issue.
“My designated smoking area would be in the park, where they are
not allowed to smoke,” Comilla responded. Several people
laughed.
“I think we’re headed in the right direction with a ban on
smoking,” Councilman Dan Costello said. “I’m going to support
it.”
Riel agreed, “I think this is a step forward in the right
direction for the City of Bradford.”
When it came time to vote, Corignani said she supported the
principle behind it, but not the resolution as it was written.
“Who is going to be arresting, picking up and fining? Who would
enforce it? I would think the officers (with the city police) have
better things to do,” she said.
Councilman Ross Neidich backed the resolution as well.
After the meeting, Hollenbeck said the resolution will go into
effect after it has been advertised in a legal notice and posted
conspicuously at city hall.
Riel said warnings will be given out at first, but after that, a
person will be fined ,50 for the first offense, ,100 for the
second; ,200 for the third, and ,300 for each after that. He
explained the fine structure is already a part of the parks
regulations.
