Smoking Ban in Parks Not Enough

An alderman proposing a ban on tobacco use in Spring Hill parks will now target smoking only. Alderman Keith Hudson’s proposal last month also made it a minor municipal offense to use smokeless tobacco in a park within the city. But he made clear at Monday night’s Board of Mayor and Aldermen work session that he wants to focus only on smoking and he’ll bring forward an amendment at the June 18 regular meeting. “As we move forward creating more park space and (ball) fields in the city, we need to look at what parks were actually made for,” Hudson said. “We go to parks for fresh air and exercise. God forbid … I don’t want to smell smoke or my children to have to breathe it when we go to a park,” he said. “A smoker who doesn’t care about a child’s space can easily offend the child or harm the child with second-hand smoke.” It’s unclear whether Hudson will have the votes to get it passed next week. The board’s initial vote in May narrowly passed 5-4. Alderman Jonathan Duda voted for it in May, but at Monday’s work session he questioned whether making smoking at parks a municipal offense was the best way to handle it. However, he did not indicate how he might vote next week. If approved, the new code violation would be enforced by police or code enforcement and likely would carry a $138.75 fine, the same penalty as any other municipal offense, such as drinking alcohol or having an open container in a park or on public streets or sidewalks. Alderman Bruce Hull questioned whether the city has the legal ability to enforce a “no smoking” violation, questioning whether the Tennessee Non-Smokers Protection Act, signed into law in June 2007, gave municipalities the ability to do so. He asked City Attorney Tim Underwood to look into it and report at the next meeting whether such a change would be possible. Neither Williamson County government, nor the cities of Franklin or Brentwood, have enforceable codes prohibiting tobacco use in public parks.