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New smoking restrictions considered

By ADAM URQUHART - Staff Writer | Oct 27, 2019

NASHUA – In May, a vote by Board of Aldermen members to raise the age required to purchase cigarettes or other nicotine products from 18 to 21 narrowly failed.

Now, Alderwoman Jan Schmidt, Alderwoman Patricia Klee and Alderman Tom Lopez want to establish a smoke-free perimeter of 30 feet around all city-owned structures, while completely banning smoking in city-owned parks.

Schmidt said the concept occurred to her while speaking with a constituent, a young woman who is working on a master’s degree in nursing.

“She said she was tired of having people outside windows smoking and having to breathe it inside, or walking to the (Nashua Public Library) and passing smokers, or seeing a child pick up a cigarette butt – which we know is very dangerous, as tobacco is a poison,” Schmidt said.

Ordinance 19-62 aims at accomplishing that During Tuesday’s Board of Aldermen meeting, Ordinance 19-062 was assigned to the Personnel and Administrative Affairs Committee. The ordinance is currently endorsed by Schmidt, Klee and Lopez. Supporters said the purpose of bringing this issue up is to protect the health and well being of all members of the public who have occasion to attend public places and facilities, as well as city parks by restricting the use of tobacco products.

Additionally, in looking at this issue the city is also interested in reducing incidents of littering. As it is, cigarette butts are the most littered item in the world, and Nashua is no different than any other community when it comes to finding filters scattered about the pavement.

Specifically, this ordinance would prohibit the use of tobacco products and e-cigarettes within 30 feet of entrances, exits and windows of all city-owned buildings. This also includes sidewalks and walkways within the 30 feet distance, except when people are actively using the sidewalk or walkway to reach another destination. Additionally, the legislation also prohibits the use of tobacco products and e-cigarettes in city-owned parks.

“I think it’s a good idea,” Klee said. “It’s been done in a variety of other places.”

Klee said she has also received calls from constituents about people smoking in city parks, specifically the children’s areas. Klee said with one call she received, she spoke with someone who has a child with a breathing issue and ended up not being able to go to a park because people were there smoking.

“We have asked if this will be a problem for our police force and they responded that they will enforce this just like anything else,” Schmidt said. “They see no problem.”

If enforced, any person who is found to be in violation shall be subject to a civil penalty in the amount of $25 for the first offense, $50 for the second offense and $100 for the third offense and subsequent offenses. Violators may also be removed from the city park or public place.

Furthermore, in to advise the public of the ban, signage would be prominently placed and maintained at all applicable city parks and public places. The ordinance requires that the signs shall state, “The use of tobacco products and e-cigarettes in this public area is strictly prohibited.”

Schmidt said officials with the Nashua Division of Public Works have been contacted regarding this signage.

Klee said some people have a misconception that when in the great outdoors, smoke will just waft away. It may drift on in the wind, but it will also expose those around the smoker to secondhand smoke.

“I would really hope that these adults that are smoking, especially in the children’s play areas, would be more cognizant of it,” Schmidt added.

Until that nursing student discussed the issue with Schmidt, who is affected by secondhand smoke due to asthma, she had no idea others were as impacted as she was when walking through a cloud of smoke.

“I feel encouraged that we can make the city a safer and more pleasant place for everyone, and thank this young woman for coming forward,” Schmidt said.

If approved, this legislation shall take effect 90 days after passage.

The prohibition shall not apply to city-owned land and buildings under the control of the Board of Education, the library board of trustees, the board of police commissioners, the board of fire commissioners, the board of public works and the cemetery board of trustees – unless those boards vote to adopt similar restrictions.

Adam Urquhart may be contacted at 594-1206, or at aurquhart@nashuatelegraph.com.