Cherry Hill Council to Smokers: Butt Out

It’s official: The era of smoking on public property is over in Cherry Hill.

Township council wasted little time Monday night in unanimously passing the second reading of an ordinance banning smoking and the use of any tobacco products in the township’s 52 parks and around all publicly owned buildings.

The ordinance becomes law after 20 days, though township officials said enforcement won’t begin until after a 30-day educational period, putting it into mid-January before the ban goes full-force.

“Simply put, our residents deserve to breathe clean air,” Mayor Chuck Cahn said. “At the end of the day, this change will protect the public from the harmful effects of secondhand smoke and allow the people of Cherry Hill to enjoy our beautiful outdoor spaces without being subjected to a major health hazard.”

The move goes hand-in-hand with the township’s wellness initiative, Cahn said.

“This is just a great extension of that,” he said. “It will be an example for others to follow.”

The ban got widespread support from anti-smoking groups, and Dr. Arthur Baskies, a Cherry Hill resident and former president and chief medical officer for the American Cancer Society of New York and New Jersey, said enacting the public ban sends a message, especially to teens who have yet to pick up the habit. Baskies pointed out the smoking rate in Camden County tops 20 percent, well above the statewide average.

“This ordinance may have a very powerful effect on youth smoking rates, especially in Cherry Hill,” Baskies said.

And given the dangers of secondhand smoke—exposure to carcinogens and other chemicals—he said it’s that much more important to do everything possible to limit, if not eliminate public exposure.

“Laws that create smoke-free public areas are the most effective approach to reduce the problem of secondhand smoke,” Baskies said. “No one should be exposed to secondhand smoke.”

There was little opposition to the move, at least from the public—in fact, just one resident raised any concerns about the content of the ordinance, and the only other criticism was that the ban didn’t come soon enough.

The one argument against it came more against the ordinance’s scope and penalties, as township resident Bruce Schwartz raised concerns about both the language and fines associated with the new law.

Given the wording is slightly vague, Schwartz argued the ordinance could overreach and ban smoking beyond its intent, potentially banning smoking virtually everywhere remotely public, including streets and sidewalks.

“It ought to be limited to tot lots, playgrounds and other recreational areas,” he said.

And the penalties—up to $150 for a first offense, up to $250 for a second and up to $500 for offenses beyond that—are regressive and too harsh, especially on the first offense, Schwartz said.

“That’s a real heavy slap in the face,” he said. “It’s the kind of thing that falls on those who can least afford it.”

But members of council disagreed, and Councilman Jim Bannar said they don’t foresee taking a heavy-handed approach to enforcement.

“The ordinance is right on the money,” he said. “I think we’re more compassionate than that.”

But at least one member of the public argued the other side—Bob Engle, who has pressed for an enforceable smoking ban for months, raised concerns about how enforceable the new law would actually be, given police are the only ones who can cite violators.

“We’re not looking to put more work on the police,” Cahn said. “(They’re) not going to be walking around, looking for people who are smoking. They will patrol our parks and our trails and our township land.”

Engle also questioned why the council didn’t enact a ban with enforcement powers sooner, given the seven years that have passed since the original resolution—which lacked those enforcement powers—was passed by council.

“We did our due diligence and we crafted an ordinance, which takes a little while, and we acted on it as quickly as possible,” Cahn said in the council’s defense.

Afterward, though, Engle said the council needs to move faster on what he called black-and-white issues, like the public smoking ban.

“I’m afraid I was derailed more than just a bit on the delay and its potential impact on future ordinances,” he said.

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