Measures to increase protections against second-hand smoke contamination at public parks, playgrounds and playing fields in the city were recently adopted by the Board of Aldermen.

By Jim Clark

An order was put forward at the latest meeting of the Somerville Board of Aldermen Legislative Matters Committee on Thursday, November 2, asking that the Director of Health and Human Services report to the on Board whether smoking tobacco and marijuana is restricted to beyond a 50 foot radius around parks, playgrounds and athletic fields, and, if it is not, to work with the City Solicitor’s Office to change the regulations to prohibit such smoking on public property within 50 feet of parks, playgrounds and athletic fields.

The order, sponsored by Ward 5 Alderman Mark Niedergang, was a follow-up to a similar order put forward and approved at the regular meeting of the Board on September 14 of this year wherein the alderman expressed concern that there is nothing in the current ordinances that restricts smoking near parks.

At that meeting Niedergang told the members of the Board, “My hope is that this is something we can deal with pretty quickly. It looks to me like it should be a pretty quick fix.”

The matter was then passed on to the Legislative Matters Committee for further review.

Ward 5 Alderman Niedergang has been advocating for stricter controls on smoking in public areas in the city.

At the Committee’s November 2 meeting, it was resolved that the City Solicitor draft a revised version of Ordinance 6-3(b)(3), Smoking in Parks, to extend the smoking prohibition to 50 feet.

Assistant City Solicitor Jason Grossfield reviewed the proposed amendments with the committee, and Director of Health and Human Services (HHS) Doug Kress suggested that the Police Department be the main enforcing authority but that HHS and the city’s Inspectional Services Department (ISD) also retain enforcing authority in the event that they detect violations.

In revising the ordinance, Section 1-11(b) was amended by increasing the fine to $100, making it consistent with the fine for having an open container of an alcoholic beverage in a public place. Members discussed allowing police officers to use their discretion when dealing with a violation. Section 9-3 was amended by extending the prohibition to 50 feet. Section 6-3(a) was amended by changing the definition of “tobacco product.”

Grossfield noted that smoking marijuana in public places is covered by the state laws governing tobacco. The Law Department submitted the revised ordinance to the Board of Aldermen at its latest regular meeting on November 9 for approval.