Muskegon commission fails to adopt park rules after debate over vaping ban and enforcement

The Muskegon City Commission on Feb. 25 did not adopt a proposed update to the City of Muskegon Park rules after a contentious discussion over whether to include vaping in a smoking prohibition and how the city would enforce the rules.

Parks and Recreation staff introduced the 02/2025 park rules, which the Parks and Recreation Advisory Committee had recommended. Director Kyle Korcheski described the draft rules as covering hours of operation (5 a.m. to 11 p.m.), littering, leash rules (with allowed‑areas language), a prohibition on smoking and vaping, restrictions on alcohol and unauthorized motor vehicles, restrictions on fires and grills, noise limits, respect for wildlife and event rules. Korcheski said staff had made edits following a work session and that signage and education would be part of implementation.

The item drew multiple public comments. Caller Nicole Mancha, who said she was joining from the Marshfield neighborhood, urged commissioners to reconsider banning vaping, arguing enforcement would divert police resources and could prompt hostile interactions: "This rule is not about public good in my opinion. It's about over regulation. It's a waste of city resources, a misuse of law enforcement, and an overstep by local government," Mancha said. Several callers echoed concerns about enforcement and police contact.

Volunteers and environmental advocates urged a smoking prohibition. Jan Polpema, calling from the NIMS neighborhood and describing membership in the Alliance for the Great Lakes, said volunteers documenting Pere Marquette Park cleanup recorded an average of 4,610 cigarette butts in the seasonal monthly cleanups over the past four years and asked commissioners to "please consider passing the recommendation of our park advisory committee ... and protect our environment."

Public safety director Tim Colesel told commissioners that state law already prohibits consumption of marijuana in parks, and said the department has issued only one citation in three years for marijuana consumption in a park. Colesel described the smoking/vaping recommendation as reflecting public notification of the behavior and a preference among some residents not to see it near playgrounds and beaches.

Commissioners split over the vaping language. Commissioner German (motion maker) moved to adopt the rules as presented. Commissioner Kilgore proposed removing the vaping prohibition from rule 4 and referring the vaping issue back to the Parks and Recreation Advisory Committee to study designated smoking areas; Commissioner Kilgore later moved the explicit amendment to remove the words "or vaping" from rule 4, supported by Vice Mayor St. Clair. The amendment failed on a roll call vote (yes: Vice Mayor St. Clair; Commissioner Kilgore; Mayor Johnson — recorded votes varied; recorded no votes included Commissioner German and Commissioner Gorman). After further discussion the original motion to adopt the full rules as presented did not receive the necessary majority and thus was not adopted; staff will determine next procedural steps and may bring the item back for further discussion.

During deliberations several commissioners said they supported a smoking ban for litter and health reasons but were uncertain about including vaping. Vice Mayor St. Clair and others recommended signage and education as an initial enforcement strategy; staff noted that signage and education had been used by other West Michigan parks and rec departments rather than immediate ticketing. Commissioners also noted challenges in small parks where a designated smoking area might be impractical.

What happened: Commissioner German moved to adopt the 02/2025 City of Muskegon Park rules as presented (mover: Commissioner German; supporter: Commissioner Kilgore). A later amendment to remove vaping (mover: Commissioner Kilgore; supporter: Vice Mayor St. Clair) failed in roll call. The final vote on adoption of the rules as presented did not receive the required affirmative votes and the rules were not adopted tonight. Staff was directed to advise on next steps and potential timing for reconsideration (options discussed included a future general session or referral back to the advisory committee).

Key details extracted from the meeting record: the Parks and Recreation Advisory Committee recommended including vaping in the prohibition; volunteers reported an average of 4,610 cigarette butts collected on single monthly cleanups at Pere Marquette over recent seasons; public safety noted only one park marijuana citation in three years. Implementation questions remain about enforcement approach (signage/education vs. citations) and whether designated smoking areas would be feasible in smaller neighborhood parks.

Next steps: staff will determine how to proceed and may return the item for further discussion or bring revised language back to the commission. Commissioners signaled a preference by some members to proceed with a smoking prohibition while either deferring vaping or defining designated areas in follow‑up conversations.