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Fort Myers Beach sends smoking-and-vaping-in-parks ordinance to May 4 second reading after public comment on litter and health
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Summary
At first reading the council heard legal and policy staff explain proposed ordinance 26-067 to prohibit smoking and vaping in town parks and county parks/beaches within town boundaries; public commenters emphasized litter and public‑health benefits, officials discussed enforcement and possible carve-outs for unfiltered cigars, and the council voted unanimously to schedule a second reading on May 4.
The Fort Myers Beach Town Council held the first reading and public hearing on proposed ordinance 26-067 on April 6, a measure that would prohibit smoking and vaping in the town’s public parks and county parks and beaches located within the town’s territorial boundaries.
Town Attorney Nancy (legal staff) explained that Florida law preempts many local smoking rules but expressly allows local governments to regulate smoking and vaping in parks and beaches located within their territorial limits. She read the ordinance’s definition language and noted a statutory carve‑out that would exclude unfiltered cigars from the prohibition.
Deputy Town Manager Tracy told council members that a local smoking ordinance is rarely mandatory for grants but can serve as a tiebreaker and be cited in grant narratives tied to environmental stewardship, public health and tourism. “It can be used and cited in grant narratives under environmental stewardship as well as public health, visitor experience, so tourism, and sustainability,” Tracy said.
Public comment split between business and health perspectives. Hunter Shamlian, owner of Paradise Vape and Smoke, said litter is a primary local concern and asked the council to consider impacts on small businesses; he suggested strict fines for littering as an enforcement tool. “When it comes to beaches… I do believe there should be some form of enforcement especially for littering,” Shamlian told the council.
Sally Kruscher, director of community health and benefit at Lee Health and chair of a local tobacco‑free coalition, urged adoption for public‑health reasons and to reduce cigarette litter. She cited local examples of nearby governments that have adopted similar ordinances and said the policy supports cleaner, healthier environments that benefit children, older adults and visitors.
Councilors discussed enforcement, signage and possible carve‑outs. Several said they favored an education‑first approach that uses rangers and warnings before citations, and suggested signage at beach accesses and parking areas. Council members also asked staff to clarify whether certain non‑tobacco herbal products or unfiltered products would fall under the ordinance and recommended refining language on disposable vaping devices and associated litter.
After discussion, Councilor King moved and Vice Mayor Safford seconded to advance the ordinance to a second reading and final adoption hearing scheduled for May 4 at 9 a.m.; the motion carried unanimously.
