Don't Smoke In The Grass

He gave up cigarettes more than a year ago, so Twin Cities Police Reserve Officer Michael Lappert won't have to worry about being busted for smoking in Town Park.

There was a lively discussion Tuesday night at Corte Madera Town Hall before the Town Council voted 3-1 to introduce an ordinance that would ban smoking within town parks.

Lappert was the lone dissenting vote on the Town Council. Vice-Mayor Diane Furst did not attend the meeting.

Although Councilwoman Alexandra Cock voted to introduce the ordinance, she said would rather have sent it back for a rewrite, possibly with a no-smoking boundary around the parks.

"So if someone is smoking in their backyard and they happen to be 4 feet away from a park, I should call (TCPA) Chief Cusimano to deal with it?" Lappert asked sarcastically.

Cusimano responded, "No, I'd have Reserve Officer Lappert deal with it."

The council chambers suddenly turned into a comedy roast of Lappert, suggesting that he might have to arrest himself if he lights up too close to a park in Corte Madera. Maybe it's a good thing he quit smoking.

No changes to the ordinance were made and it was introduced as is.

The Corte Madera Municipal Code already states:

Within any playground or tot lot in the town of Corte Madera. No person shall dispose of cigarette butts, cigar butts, or any other tobacco related products or waste in any playground or tot lot located in the town of Corte Madera. For the purpose of this section, the term "playground" shall mean any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on city, county or state property or on public or private school grounds. For the purposes of this section the term "tot lot" shall mean a designated play area within a public park for the use of children under five years of age. For the purposes of this section the term "area" shall mean the fenced area surrounding the playground or tot lot. Where the area of a tot lot or playground is not contained within a fenced or enclosed area, the boundary of such playground or tot lot shall be defined by the edge of the resilient surface of safety material, such as wood, sand, concrete or any other material surrounding the playground or tot lot area.

Phyllis Galanis was moved to introduce the ordinance with preparations for the opening of the new Town Plaza, hoping to give it a smoke-free start. The idea then expanded to town parks, where town maintenance workers and volunteers regularly clean up discarded cigarette butts.

"Why are we allowing smoking in our parks? Smoking and sports really don't go together," Galanis said. "If I drink, I'm harming only myself. If I drink and then get into a car, I could harm you. If I smoke, I harm anyone around me. It's even worse for infants, where it's not just second-hand smoke. ... As any smoker knows, smoke gets in your clothes. ... It affects (infants') immature lungs and nasal passages."

Councilwoman Carla Condon was an emphatic supporter of the ordinance, saying it was an essential step in protecting the health of the community.

Lappert compared the ordinance to Prohibition and called it a "stupid, stupid law."

Cock said after the vote, "I think we have way too many restrictions on people's freedoms already," when asked if there should be a more limits on where people can smoke.

Larkspur and other cities banned smoking in multi-housing units, such as apartment complexes, but Corte Madera does not have such a law.

There is no smoking allowed in restaurants or public buildings, according to state laws. Town Center has also banned smoking.

Corte Madera received a failing grade from the American Lung Association this year for its enforcement of anti-smoking laws. Larkspur and Novato received the highest grades in Marin County.

"We took a step," Galanis said.

It remains to be seen if that step will help improve Corte Madera's grades.