By Dave Fidlin
Correspondent
After multiple reviews and robust discussion in the first quarter of this year, Whitewater officials have moved forward on a plan to enact smoking and vaping prohibitions in some of the city-run parks.
At a meeting April 8, the Common Council, on a 6-1 vote, approved a second, and final, reading of an ordinance banning smoking and vaping within 20 feet of all playgrounds, skateboard areas and bleachers.
This winter, council member Matthew Schulgit dusted off the hot topic, which had gone through an intensive debate.
“It is, I suppose, a more relaxed version of the ordinance that is currently on the books. This makes it more targeted to within 20 feet of a playground,” Schulgit said at the April 8 meeting, laying out the nuts and bolts of the latest reiteration.
Of its rationale, Schulgit said, “It is a reminder to be more mindful of people who might be more at risk from the effects of second-hand smoke.”
During the most recent round of deliberations, Council President Lynn Binnie added one new provision into the ordinance – the prohibition against smoking within 20 feet of bleachers.
“That is one item that I have felt we actually should, perhaps, be considering,” Binnie said. “For most of the other situations, I think we’re able to say that if an individual is bothered by such behavior, they generally have the opportunity to relocate themselves to a spot that wouldn’t be so concerning.”
Council member James Allen was the dissenter of adopting a second, and final, reading of the ordinance. He said he would have preferred the ordinance been adopted, as presented, without the addition of the bleachers provision added into the mix.
“We’ve debated this, back and forth, ad nauseam,” Allen said. “If you’re going to pick and choose so many places where you can and cannot smoke, then just go back to the original ordinance.”
Allen added, “It’s too much change to the ordinance, and it’s not being transparent, Congratulations, you’ve just muddied the waters on something I think is going to be unenforceable.”
During the most recent debate, several council members also inquired how the ordinance would be enforced, and the merits of posting signs at parks impacted by the newest sets of provisions.
For now, that component of the new plan is not solidified, at the advice of City Attorney Wally McDonell. He said city staffers could review compliance as the new ordinance takes effect.
“They can use their judgment in where signs should be posted,” McDonell said. “I just don’t think it’s the type of thing you’d put in the ordinance. But it could be in the ordinance if that’s what the council would like.”
Binnie said he is confident most of the city’s residents will follow the directives within the ordinance, regardless of whether official signs are posted in parks.
“I believe most of our citizens are compliant to a very high degree to the ordinances that we pass,” Binnie said. “Whether it gets enforced or not, I believe this sets an expectation that we wish for our people to comply with.”
