Chenango towns pressured to ban smoking in parks

NORWICH – After the passing of a state law in April that prohibits smoking at all New York State playgrounds and pools, pressure is being put on Chenango County municipalities to apply similar laws to public parks.
The state’s anti-smoking rule would lead to disorderly conduct violations for smokers who light up in banned areas within state parks and while the new rule is facing opposition from smokers’ rights groups, some locals and non-profit agencies including Tobacco-Free Chenango are hoping the changes in state parks will become a model for parks throughout the county – the reason being primarily due to risks of second-hand smoke.
A 2010 report released by the New York State Department of Health cited that 25 percent of adults in Chenango County are smokers, which far exceeds the New York State average of 18.9 percent. The high percentage of smokers in Chenango makes it a sensitive subject in the county, explained James Mutabiilwa, coordinator of Tobacco-Free Chenango at the Chenango Health Network.
“I think that now, we are receiving more information and more facts and it’s a better time to address the issue again,” said Mutabiilwa. Mutabiilwa cited information from a 2008 Chenango County Community Tobacco Survey, stating that 91 percent of county residents favor smoke-free playgrounds; nearly 81 percent favor smoke-free parks; and 92 percent are bothered by secondhand smoke.
A November 2011 updated report from the New York Tobacco Policy Center showed that Chenango County is one of only seven counties remaining in New York State without an outdoor air policy on record.
Chenango County’s Buildings and Grounds Director Julie Gates reported that while county-wide events including Colorscape are smoke-free, no permanent ordinance exists regarding smoking in county parks and on playgrounds.
“The most important part is the courtesy of smokers,” she said, explaining that smokers should take into account the non-smokers around them. “People have the right to smoke, but people also have the right to not smell it.”
Presently, Gates is working with the Friends of the Parks committee and the issue of smoking has been a topic of conversation in the past, she said. Proposed use rules in East and West Parks were discussed at a committee meeting earlier this month. One rule suggested that there be no smoking anywhere in the two parks.
The issue of smoking in public parks is nothing new to the City of Norwich. A proposal made by the Chenango Health Network to issue a smoking ban in all six city parks was presented to the Parks Commission in June 2010 and was to be forwarded to the city council for approval, but the proposal was lost in the process and never sanctioned by the council.
“Parks are a public area for everyone to enjoy ... Most policies would not push people to stop smoking. They are just saying you can not smoke here for a certain reason,” Mutabiilwa said.
Mutabiilwa first addressed the city about a smoking ban in 2009 and since, the city has adopted a policy that bans smoking in heavily populated areas where kids are present and all city sponsored events are smoke-free, but no official ordinance is in place that prohibits smoking in these areas at all times.
According to Mayor Joseph Maiurano, a smoking ordinance would be difficult, if not impossible to enforce, as too many laws sometimes distract law enforcement from other issues of higher priority.
“I would just like to see more people being considerate,” the mayor said. “It’s not illegal to smoke a cigarette. The key is to find a compromise where it works for everybody, but it’s hard to get to a happy medium.”
In 2007, the city did take a stand on tobacco advertising in local stores when Maiurano issued a proclamation that supports the efforts of Tobacco-Free Chenango and “encourages retailers to reduce overall tobacco advertising in their places of business.”
Other Chenango townships have followed a similar lead, placing no smoking signs around parks, playgrounds and town facilities but none have implemented an official ordinance, noting the expense of the litigation process and the lack of resources to enforce it.

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