Encinitas

Smoked Out: Encinitas Bans Smoking Cigarettes, Vapes and Pot on Sidewalks and in Parked Cars

The city council is considering a ban on smoking cigarettes and vaporizers in parked cars and sidewalks

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In a unanimous vote Wednesday night, the Encinitas City Council approved an expanded ban on smoking outdoors, which now prohibits blazing (or vaping) up on sidewalks and in parked cars.

Outdoor smoking in Encinitas was already prohibited at parks, walking paths, beaches and parklets. Now the city's non-smoking ordinance, which includes cigarettes, vaporizers, e-cigarettes and cannabis, is one of the toughest in the state.

The city said it the ban is designed to protect public health and the environment. Leaders emphasized the potential elimination of littered cigarette butt and plastic vape cartridges.

A Surfrider Foundation representative told councilmembers at Wednesday night's meeting that cigarette butts account for 25 to 30% of the trash collected during beach cleanups, even though smoking on the beach has been prohibited for some time.

Residents are hoping to see fewer cigarette butts, too.

"Those cigarette butts are filters and capture poisons that are so toxic even the cigarette companies want to restrict them," Encinitas resident Jim Wang said.

The ban means restaurant and bar patrons who used to retreat to a car or sidewalk for a "smoke break" are no longer permitted to do so. Pizza maker Jorge Lopez thinks the ban could have a negative impact on business, but prefers a smoke-free city.

NBC 7's Dave Summers spoke to people on the street about the possible ban on smoking.

“Personally I feel It’s not OK to be smoking around people," he said.

Smoking is still permitted in moving cars, on private property and in about 20% of hotel rooms in the city.

The moving car part is getting a few giggles.

"If I want to have a cigarette during my three-hour dinner, because that’s what I like, I need to get in a moving car to do that. So now you want me to drink and drive?" smoker Eli Stern said jokingly.

Under the new ordinance, San Diego County Sheriff’s deputies have the responsibility of enforcement.

Warren Dennis, who considers himself a "social smoker," or someone who smokes when he’s out with his friends, thinks the ban is stretching too far.

"It’s getting a little overboard," he said. "I’m going to blow it off and watch 100 of my friends do the same thing. I don’t know how you enforce that. It just seems a little over the top for me."

First-time offenders will face a $50 fine, and second and third offenses could earn $100 and $150 fines, respectively. Enforcement won’t begin for another 90 days, according to the city.

Councilmembers say they reported 60 citations for smoking in prohibited public places and lifeguards gave out over 250 warnings for smoking on beaches over the last four years.

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