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Nashua’s smoking ordinance delayed

By ADAM URQUHART - Staff Writer | Dec 26, 2019

NASHUA – With the federal government planning to outlaw the sale of nicotine to those under age 21, Nashua officials are still considering a ban on smoking, vaping or chewing within 30 feet of city buildings – and anywhere in city parks.

During the Monday Board of Aldermen meeting, Alderwoman Jan Schmidt said after speaking with city officials and members of the public, she has come to believe such action may be too expansive.

“I would like to indefinitely postpone this and start again in January,” Schmidt said of Ordinance 19-062.

Alderman-at-Large Ben Clemons said he is happy to work with Schmidt and believes if this legislation can be narrowed to only apply to certain areas, he will support it.

The ordinance states that it endeavors to protect the health of those who use public facilities, while also reducing littering.

Via the ordinance, buildings under the auspices of the Board of Education, the Public Library, the Board of Police Commissioners, the Board of Fire Commissioners, the Board of Public Works and the Cemetery Board would be subject to the rules adopted by said boards.

Alderman Tom Lopez said he is not a huge fan of smoking in public parks, although it occurred to him that potentially with an increase in the number of homeless encampments in the city and in city parks, this ordinance could be used as a way to move people along.

“I’m glad we’re looking at it a little bit more carefully because the parks get a lot of different usage,” Lopez said. “I do think it’s important to focus on making sure that, number one, we are keeping smoking away from children’s play areas wherever possible, but number two, we craft the legislation in a way that allows Parks and Recreation to figure out how to do that, whether it’s with signage or whatever.”

The ordinance also states, “The use of tobacco products and e-cigarettes in this public area is strictly prohibited.” However, Lopez said some of the conversation that was had regarding this, and the expense of signs was “alarming.”

The ordinance, as written, also seeks to fine people in violation of this with a civil penalty of $25 for the first offense; $50 for the second offense; and $100 for the third offense and subsequent offenses. Violators could also be removed from the city park or public place if this ordinance passed as it was written.

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

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