Bennington butts out of tobacco law
Toolbox
By PATRICK McARDLE STAFF WRITER - Published: June 27, 2009
BENNINGTON – The Select Board this week declined a request to pass an ordinance that would ban smoking in public parks in favor of public notices that would discourage people from smoking in areas near playground and athletic equipment.
The idea originated with students from Bruce Lee-Clark's pre-law class at the Southwest Vermont Career Development Center in Bennington. In its original form, the ordinance would have banned tobacco use both in the parks and in a buffer zone around them, with fines of up to $100.
The proposal before the Select Board on Monday was modified to make the fine no more than $25, restrict the boundaries to those of the park itself and eliminate references to smoking in cars at the park.
The Select Board received letters of support from the American Heart Association, the Coalition for a Tobacco-Free Vermont and the tobacco cessation coordinator for Southwestern Vermont Health Care.
Kiah Morris, community coordinator for the Tobacco Free Community Partners in Bennington, said she had heard from a number of other communities in Vermont considering similar ordinances.
"They are looking for leadership from Bennington for healthy initiatives," she said.
Information supplied by Morris' group indicated that Bennington would have been the first town in Vermont to pass an ordinance against tobacco use in its public parks.
Morris also held up a large plastic jug filled with cigarette butts collected by the Center for Restorative Justice's community service club at Willow Park on Friday.
However, while Select Board members Jason Morrissey and Sharyn Brush said they were impressed with the students' work and supportive of efforts to eliminate smoking in the park, neither was in favor of passing an ordinance.
Morrissey cited an interview Morris said she had conducted with a police officer in a New Hampshire town which had a similar ordinance. Morris said the officer told her police there had never handed out a citation because the ordinance has become "self-enforcing."
"That could be turned around to say, 'If that's true, then why put it on the books?' Unless there is a demonstrated need to put another ordinance on the books, I'm more comfortable with the town of Bennington spending some money and having our parks department personnel take the time and making it a concentrated effort in our playgrounds to put signs up," he said.
Brush and Select Board Chairwoman Lodie Colvin said they were particularly concerned about Willow Park where many adult activities take place.
Select Board member Christopher Oldham, who had said he would have supported the ordinance, moved to post "tobacco-free" signs in the public parks. The motion passed unanimously.
Colvin pointed out to the audience members that had supported the ordinance that the issue could be revisited.
"You may come back to us in two years and say, 'It's not working' and then we'll have to look again at the ordinance piece but it has certainly generated very important discussion," she said.
patrick.mcardle@rutlandherald.com
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