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Margate—ommission rejects parks smoking and vaping ordinance on first reading
Summary
After extensive public comment and debate on enforcement, buffer zones and cigar preemption under state law, the commission voted 3-2 against a first reading of an ordinance that would ban smoking and vaping in city parks.
The City Commission considered an ordinance on Nov. 25 to ban smoking and vaping in all city parks, including providing a civil penalty (a $25 fine for a first offense). Commissioners and residents debated whether the city should adopt an across-the-board ban, a limited buffer (for playgrounds or dugouts), or continue current administrative enforcement.
The city manager said a parks policy already exists and signs are posted; the proposed ordinance would codify the prohibition and provide penalties. Commissioners raised enforcement practicalities — how to mark and monitor park boundaries and whether smoking in event parking lots should be allowed. Vice Mayor Serio noted cigar restrictions are subject to state preemption and the ordinance could not prohibit unfiltered cigars in some circumstances.
Residents urged the choice be child-focused: "What is a park for? Is it for the adults? No. It's for the children," said Donna Fellows. Supporters of a ban underscored second-hand smoke and vaping risks, while opponents said the current administrative approach has worked and a legal codification could be difficult to enforce.
On the first reading the ordinance failed 3 to 2; because it did not pass first reading it will not proceed to a second-reading public hearing unless the prevailing side brings it back.
