Enforcement of tobacco-free parks – 3/12/12

Q: A county tobacco control coalition in Ohio has identified tobacco-free parks as its next goal area, and would like to connect with others who have been successful in implementing and enforcing a tobacco-free parks policy. Please tell us:

  • How have you addressed compliance, particularly with a limited budget? Is your policy self-enforcing through public education, or is there an agency responsible for enforcing violations?
  • If the latter is the case, who is responsible for monitoring and enforcement of the policy? What is the penalty for violations, if any?

Recognizing that compliance with tobacco-free policies depends on communication, public education, and enforcement, please also share any relevant resources or sample materials that were useful during policy implementation.

A:

  1. Alabama: In Alabama, we have a Young Lungs at Play initiative that deals with outdoor tobacco-free spaces. This initiative was originally from Rockland New York's Steps to a Healthier New York initiative. We have added to it a bit and made it our own. We ask local county commissions or city officials to adopt policy stating their outdoor areas are to be tobacco-free, and we send a sample policy if they are interested. We leave the monitoring, enforcement, and fines to the city. Once the municipality has adopted a policy, we can provide metal Young Lungs at Play signs for display in the outdoor areas.
     
    Basically, from the state level we provide the education of why outdoor areas should be tobacco-free, provide a sample policy, and provide metal signs. We do ask for an article to be run in the local newspaper to showcase the tobacco-free parks with the signs.
     
  2. Arkansas: The attached documents were used in our efforts to gain tobacco-free parks in the City of Little Rock:
      Many of the documents in our toolkit were shared with us and we modified and shared them with several other communities, such as Blytheville, Arkansas, that are or were working forward smoke-free parks.
     
    Below are some of the activities we used:
     
    • Utilized and collaborated with youth groups involved in tobacco control to collect cigarette butts from some of the major, high traffic Parks to illustrate the tobacco liter problem.
    • Built strong grassroots support---Identified a champion who became a major spoke-person
    • Held petitions drives it gathered signatures calling for tobacco free parks.
    • Held public hearings in all wards of the city for public input.
    • Attended all Parks Commission meetings. This commission, made up of appointed community volunteers, had the responsibility to decide if the City should consider smoke-free parks or not.
    • Took a scientific poll.  An overwhelming 86%  of those surveyed felt children should be protected from smoke in public park lands
       
  3. Idaho / Project Filter: We have been working with city councils to pass voluntary smoke-free park policies. The enforcement piece is largely self-enforcing and through public education and signage, however some of the larger cities to have officers at the parks who tell violators to put out the cigarette or leave the park.
     
    Idaho / Central District Health Department: We utilized excellent resources from Minnesota’s Tobacco Free Youth Recreation website. During the past two years, we have worked with 10 municipalities on smoke-free park policy. Seven have passed either an ordinance or policy. Policies/ordinances are primarily self-enforcing through signage and public education campaigns. Local city police may enforce the policies. See attached for our general flyer which introduces the topic.
     
    Penalty for violations:
     
    • Ordinance: Infraction with a $50 to $100 fine, depending upon municipality.
    • Policy: none, voluntary compliance.
       
  4. Michigan: We have a wonderful coalition coordinator in Chippewa County, Michigan who has worked on smoke-free or tobacco-free parks and beaches for years. Our state and local staff have developed a new tobacco-free parks and beaches toolkit that she is working with, and could provide some great information to the Ohio folks. Her name is Julie Trotter, and her contact information is:
     
    Julie K.O. Trotter, LBSW, CPS-M
    Tobacco-Free Projects Coordinator
    Chippewa County Health Department
    Phone: (906)635-3636
    jtrotter@chippewahd.com
     
    We don't have a toolkit, but there are tools for contractors online here. Under the WORKPLANS AND ASSOCIATED MATERIALS FOR FY 2011-2012 heading, you'll see the Tobacco-Free Parks and Beaches Toolkit.
     
  5. Oregon / Crook County: Crook County Parks & Recreation District has a no tobacco resolution, but it is very hard to enforce. Our staff talks to visitors and informs them of the policy but we do not have citation authority. We mainly just educate them. The local police department will support us, but it is not an ordinance so they do not write citations.
     
  6. Utah: The state of Utah has several cities and counties with restrictions on tobacco use in parks. Budgets for implementing and enforcing such policies are limited. In most cases, cities and counties rely on proper signage to educate park-goers on tobacco policies. It is our hope that plentiful signage will encourage compliance and change the social norm in parks. Some areas also educate park attenders on polite ways to ask smokers to not smoke on park grounds. For some outdoor venues, the venue owner/staff/security may be involved with enforcing the policies. We have one particular county which is entirely covered by a tobacco-free park policy. Their policy states that “Any peace officer or city code enforcement officer may enforce the penalty of this regulation.” And for penalties of violation the same policy states, “The Utah County Board of Health recommends the penalty for violating this regulation be $25.00 for the first offense and $100.00 for subsequent offenses within a two year period of the first violation.” In other areas, first offences are usually handled with a warning and a request to discontinue tobacco use on park grounds. Click here to view the policy mentioned above.

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