Discretion A Key Part With Smoking Enforcement

Discretion A Key Part With Smoking Enforcement
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In a resort area like Ocean City, a zero tolerance policy on smoking will never work. It will alienate too many who could legitimately be unaware of changes in the law.

In a simple world, if someone is walking the Boardwalk with a cigarette, they would be simply given a citation for violating the smoking law. The problem is little is without complication in a transient area like a beach town. Although we all know the law, which will be in its third season this summer, it’s understandable those unfamiliar with the area may not be aware, despite signs and other efforts made to educate.

Discretion is and will always be a major part of police work. In Ocean City’s case, lawmakers simply must give clear direction to police on how to implement appropriate enforcement on the smoking ban on the Boardwalk and the smoking locale restrictions on the beach. We see the Boardwalk as the most realistic when it comes to heightening compliance.

After much discussion over the last month, the Mayor and Council decided the town’s policy would be “consistent enforcement with discretion.” That basically gives police officers the authority to use their judgments when deciding between a warning and a citation regarding specific situations. If an individual is given a warning and informed of the law and then found later in the same night smoking, a ticket would be warranted.

The beach will always be a major challenge for Ocean City. It’s impractical for undercover police officers to walk the beach and monitor smoking. It’s the same for alcohol enforcement on the beach. In many ways, the changes to beach smoking are largely ceremonial. It’s essentially a paper law because it will never be able to be enforced with a heavy hand. The financial resources are not there and there are more valuable ways to allocate personnel.

It’s up to the humans to monitor each other in some cases. Last summer we recall a situation on the beach when a woman was smoking while standing in the ocean. A local resident commented to the woman that smoking is only allowed up by the dunes in a designated location. The annoyed vacationer continued to puff on her cigarette while watching her kids in the ocean before discarding the butt into the ocean. There’s no fixing that sort of situation. It’s a culture and values thing that’s impossible to correct. It plays out in Ocean City on a daily basis in various capacities during the warm months.

Adding a little bit of proverbial teeth and aggression to monitoring smoking in public places like the beach and Boardwalk is the only direction. This is year three of the smoking changes in Ocean City. Each year the town’s position should be reviewed with a little bit more intensity applied to enforcement. That’s what happened this year. Over the offseason, it’s worth tracking to see if enforcement data increases as it should.

About The Author: Steven Green

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The writer has been with The Dispatch in various capacities since 1995, including serving as editor and publisher since 2004. His previous titles were managing editor, staff writer, sports editor, sales account manager and copy editor. Growing up in Salisbury before moving to Berlin, Green graduated from Worcester Preparatory School in 1993 and graduated from Loyola University Baltimore in 1997 with degrees in Communications (journalism concentration) and Political Science.