Aug 15, 2012
Smoke-Free Carolina Beach
Although it's not time to put out the cigarettes just yet, Carolina Beach is one step closer to becoming the state's first smoke-free beach.
The Carolina Beach Town Council voted 4-1 Tuesday evening to pass an ordinance to ban smoking on the beach with an effective date to come from the state legislature. Mayor Ray Rothrock voted against the move, saying he wanted to focus instead on beefing up a litter ordinance rather than an outright ban.
Councilman Lonnie Lashley made the motion and included the provision about the effective date in response to legal advice that suggests the beach does not fall under the state's definition of public grounds. The beach is not enclosed and therefore cannot be subject to local enforcement of such a law without enabling legislation from the General Assembly. He stressed the need to pursue this issue with the local state delegation next year.
"I've heard loud and clear from the public," he said. "The community of Carolina Beach wants to ban smoking on our beaches. Let's vote on it tonight."
To move forward without such a statute could make the town vulnerable to a lawsuit, Councilwoman Sarah Friede said.
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