People can still smoke at Anna Maria’s public beaches and parks.
City commissioners reached consensus Sept. 22 to shelve a proposed ordinance that would have prohibited cigarette smoking at public beaches and parks.
The proposal is similar to an ordinance that Holmes Beach city commissioners adopted in an effort to limit the improper disposal of cigarette butts and secondhand smoke.
State law preempts local governments from regulating smoking other than at city beaches and parks, and exempts unfiltered cigars from regulation.
While Holmes Beach’s ordinance contains language about littering and secondhand smoke, Anna Maria’s proposal states “that such restrictions are necessary for the health, safety and welfare of the citizens and visitors.”
City attorney Becky Vose said the city also would need to adopt a resolution identifying parks and beaches impacted by the ordinance and establish the fine for violations.
Mayor Dan Murphy said the city had no plans to hire additional code and law enforcement officers to enforce such a prohibition, so it would need to be upheld through peer pressure.
If approved, the city would post signage to inform people about the regulation.
Commissioner Jonathan Crane said reducing litter on the beach was a worthy cause but prohibiting smoking in parks would be “punitive.”
“I don’t like this in any respect,” Crane said. “I don’t know what we’re solving for.”
Commissioner Robert Kingan raised concerns about visitors conflating the regulations with vaping, which he did not want to restrict.
Commissioner Deanie Sebring said the ability to prohibit cigarette smoking but allow cigars didn’t make sense to her, as both products produce litter.
She said she would be “baffled” to see someone smoking a cigarette fined for a violation while a cigar smoker could legally smoke in the same place.
There was no public comment.
The commission will meet next at 2 p.m. Thursday, Oct. 13, at city hall, 10005 Gulf Drive.
Directions are at cityofannamaria.com.