LOWELL — People caught smoking tobacco at city playgrounds could face an up to $300 fine if councilors pass an ordinance expected to come before the City Council Tuesday night.
Under the proposed ordinance, violators would be fined $200 for a first offense and $300 for a second offense if found smoking within 50 feet of a city playground. The ban includes cigarettes, pipes, cigars and hookahs, as well as vaping products and electronic cigarettes.
The City Council is holding a hearing for the proposal at 7 p.m. in City Council Chambers.
The ordinance was drafted by the law department, but stems from a motion made by Councilor Vesna Nuon in August and approved by City Council. Nuon requested the installation of “No Smoking” signs in public parks, particularly playgrounds.
“The idea is for health reasons for kids who play in the playground,” he said.
However, he said he plans to request an amendment to the ordinance, reducing a first offense to a warning and a lower fine for subsequent offenses, possibly $50. The proposed fine structure is “too much,” he said.
Nuon said he would like to send a message to smokers that they need to step away from the playground to smoke. Like smoking in restaurants, which has not been permitted in Massachusetts since 2004, it’s affecting other people, Nuon said.
City spokesman Phil Geoffroy said the ordinance is necessary to enforce any no smoking signs that could be placed at a later date.
“In looking into the feasibility of installing signs it was determined there is no ordinance to enforce through signs,” he said.
City Tobacco Control Director Cesar Pungirum said the initiative came through the City Council, not his office. He said Cambridge and Somerville have similar ordinances. In 2013, Boston instituted a $250 fine for smoking in city-run parks.
Currently smoking tobacco is allowed in Lowell parks, according to Pungirum.
In 2018, Lowell City Council approved fines up to $300 for smoking marijuana in a park or on a city sidewalk. Though smoking marijuana in public is illegal in Massachusetts, councilors said this ordinance would add teeth to enforcement.
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Lowell City Council to hold hearing on fines for smoking at playgrounds - Lowell Sun
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