Commission narrows park smoking ban to designated smoking areas, orders signage trial and review in one year

Panama City commissioners on July 22 amended a proposed ordinance banning smoking in city parks and on city beaches so it will instead prohibit smoking except in designated smoking areas and push a one‑year trial period for signage and receptacles. City staff had presented Ordinance 32-72, which mirrors language in Florida law that allows municipalities to prohibit smoking in public beaches and parks. Public commenters and several commissioners raised concerns about enforcement, criminal penalties and the practicality of an outright ban. City Attorney Mike Burke and staff explained state law (referenced in the record as Section 386.209, Florida Statutes) allows municipalities to prohibit smoking in parks and beaches but also restricts certain prohibitions (the ordinance as drafted excluded cigars without filters per state limits). Commission discussion centered on creating designated smoking areas, providing signage and cigarette receptacles, and avoiding an enforcement regime that would immediately criminalize violators. Commissioner Granger amended his motion to require designated smoking areas and signage and to return in one year for the Commission to assess whether further enforcement mechanisms (including fines) are needed. The Commission approved the amended approach unanimously. During public comment, several residents expressed concern about enforcement and the fairness of criminal penalties for noncompliance. Others noted trash and second‑hand smoke concerns near playgrounds and athletic fields. Staff said the city could install designated smoking‑area receptacles and signage and that any criminal enforcement would be a misdemeanor under state law if the ordinance includes penalties; commissioners therefore chose a conservative initial step: signage, designated receptacles and a one‑year review. The commission’s action directs staff to install signage and receptacles at targeted parks, run a one‑year test period, and return with recommendations about whether fines or stricter enforcement are warranted. Any future change involving fines or criminal penalties would require the City Commission to adopt the ordinance language and proceed through the normal public‑hearing process.