Smoking at beach may be outlawed

Ban in Hollywood would be first of its kind in S. Florida

Hollywood would become the first city in South Florida to outlaw smoking on the beach under a proposal being considered Wednesday, officials say.

The ban, if approved by commissioners, would also apply to Hollywood parks, fields and playgrounds — even though Florida law says only state legislators can ban smoking in public places.

“We know all about that,” said Commissioner Dick Blattner, who is pushing for the ban to help eliminate the dangers of second-hand smoke. “Sarasota has done it for a long time and the state has never come after them. We’re willing to take the chance.”

The ban would snuff out cigarettes, cigars and tobacco pipes. Blattner said he wants to also include electronic cigarettes, the popular devices that transform nicotine-laced liquid into vapor.

First-time offenders would face a $50 fine, City Attorney Jeff Sheffel said. Fines would increase to $100 for a second violation and up to $200 for repeat violations. Smokers who light up at a city park or playground could face fines up to $500, Sheffel said.

State Rep. Evan Jenne, DDania Beach, said no other South Florida beach has such a restriction.

Miami Beach has created two voluntary smoke-free zones on the beach but has stopped short of a no-smoking mandate.

Blattner says he’s not worried about pre-empting state law.

“I haven’t read that their commission got put in jail,” he said of the Sarasota officials who voted for the ban. “I don’t care about state law in this case.”

If someone has a problem with Hollywood’s ban, they can always sue, Jenne said.

“Morally and ethically they’re on solid ground,” Jenne said of Hollywood’s proposed ban. “They are running the risk of being sued. And then it becomes a roll of the dice. If someone sues, they lose.”

Bob Ferro, owner of Nicks restaurant on the beach, gave the idea a thumbs down.

“I think it’s ridiculous,” he said. “Are we going to have police out there giving tickets? They’ll never be able to enforce it. The Hollywood police have better things to do than tell someone to stop smoking.”