SMOKEFREE PARKS AND RECREATION AREAS: A Strategy for Improving Marylands Public Health and Environment Tobacco use

in Marylands public parks and recreation areas creates significant public health and environmental hazards. Exposure to secondhand tobacco smoke in outdoor areas threatens public health by increasing the incidence of tobacco-related diseases in adult non-smokers and young children, heightening the economic costs associated with these diseases, and encouraging youth smoking. Smoking in public parks and recreation areas also produces significant cigarette litter, which pollutes the environment, requires extensive cleanup costs, and harms wildlife. Additionally, tobacco use in outdoor spaces heightens the risk of smoking-related fires. Numerous state and local governments have already implemented tobacco-free park policies to help reduce these public health and environmental risks. The State of Maryland should follow the lead of these jurisdictions, and improve the public health and environment by prohibiting tobacco use in public parks and recreation areas. I. Tobacco Use in Public Parks and Recreation Areas Endangers Public Health a. Secondhand Smoke is a known human carcinogen and toxin. Secondhand smoke, also referred to as environmental tobacco smoke (ETS),1 poses a serious threat to human health.2 ETS contains more than 4,000 chemicals,3 including noxious pollutants and carcinogens like formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide.4 Because of its extreme toxicity, the EPA

ETS is a mixture of smoke exhaled by the smoker and released from the burning end of a lit tobacco product. U.S. National Institutes of Health, National Cancer Institute, Secondhand Smoke: Questions and Answers, http://www.cancer.gov/cancertopics/factsheet/Tobacco/ETS (last visited Apr. 6, 2007). 2 See generally U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS), CENTERS FOR DISEASE CONTROL AND PREVENTION, NATL CTR. FOR CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION, OFFICE ON SMOKING AND HEALTH, THE HEALTH CONSEQUENCES OF INVOLUNTARY EXPOSURE TO TOBACCO SMOKE: A REPORT OF THE SURGEON GENERAL (2006), http://www.surgeongeneral.gov/library/secondhandsmoke/ (reviewing the adverse human health effects of secondhand smoke) [hereinafter Surgeon Generals 2006 Report]. 3 HHS, What is Secondhand Smoke?, http://www.surgeongeneral.gov/library/secondhandsmoke/factsheets/factsheet1.html (last visited Apr. 6, 2007). 4 HHS, Secondhand Smoke is Toxic and Poisonous, http://www.surgeongeneral.gov/library/secondhandsmoke/factsheets/factsheet9.html (last visited Apr. 6, 2007).

designated secondhand smoke as a known Group A human carcinogen in 1992.5 ETS is also recognized as a known cause of respiratory diseases,6 cardiovascular disease,7 and premature death in non-smokers.8 Secondhand smoke adversely affects adults and children. In 2006, the U.S. Surgeon General reported that there is no risk-free level of exposure to secondhand smoke for adults or children.9 Even brief exposure by adults to ETS may cause immediate adverse effects on the cardiovascular system, and lead to heart disease and lung cancer.10 Secondhand smoke exposure is particularly harmful to infants and young children because their immune systems are still developing.11 In these particularly sensitive populations, ETS causes an increased incidence of Sudden Infant Death Syndrome (SIDS), bronchitis, pneumonia, chronic ear infections, and more severe asthma attacks.12 The economic costs of secondhand smoke are also staggering. A study conducted by the Society of Actuaries concluded that the annual cost of excess medical care, mortality, and morbidity from secondhand smoke exposure in the U.S. is approximately $10 billion.13 In 2005, Maryland residents bore $597 million of these costs, of which $73.8 million went to childrens health care costs.14 b. Tobacco use in outdoor spaces poses added health risks for children. In addition to the adverse health effects caused by secondhand smoke, tobacco use in public parks and recreation areas creates auxiliary health risks for children. According to the Centers for Disease Control and Prevention (CDC), children between six and twenty-four months actively explore their environment and often put things into
5

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), RESPIRATORY HEALTH EFFECTS OF PASSIVE SMOKING: LUNG CANCER AND OTHER DISORDERS 5-68 (1992), available at http://cfpub2.epa.gov/ncea/cfm/recordisplay.cfm?deid=2835. Group A carcinogens are those toxins where there is sufficient evidence from epidemiologic studies to support a causal association between exposure to the agents and cancer. Id. 6 American Lung Association, Secondhand Smoke Fact Sheet (Aug. 2006), http://www.lungusa.org/site/pp.asp?c=dvLUK9O0E&b=39098. 7 American Heart Association, Environmental Tobacco Smoke, http://www.americanheart.org/presenter.jhtml?identifier=4521 (last visited Apr. 5, 2007). 8 Surgeon Generals 2006 Report, supra note 2, at 11. 9 Id. 10 Id. 11 HHS, Children Are Hurt by Secondhand Smoke, http://www.surgeongeneral.gov/library/secondhandsmoke/factsheets/factsheet2.html (last visited Apr. 5, 2007). 12 Id. at 11-13. 13 Second-hand Smoke Price Tag: $10B, CNNMONEY.COM, Aug. 17, 2005, http://money.cnn.com/2005/08/17/news/economy/secondhand_smoke/. The $10 billion figure includes approximately $5 billion in direct medical costs and approximately $5 billion in indirect costs, such as lost wages, reduced services, and costs associated with disabilities per year. 14 Johns Hopkins Bloomberg School of Public Health, Public Health News Center, Secondhand Smoke Cost Marylanders $597 Million in Lost Lives and Medical Costs in 2005, Feb. 14, 2006, http://www.jhsph.edu/publichealthnews/articles/2006/waters_secondhandsmoke.html.

their mouths, such as discarded cigarettes, which are later swallowed.15 Ingestion of discarded cigarette butts found in public parks and recreation areas can lead to choking, burns, nicotine poisoning,16 vomiting, irregular heartbeat, and seizures.17 Moreover, since adult smoking behavior considerably influences youth smoking behavior,18 adults who smoke in public parks and recreation areas contribute to the cultural attitude that smoking is acceptable, which can encourage children to begin smoking at a young age and to continue the habit into adulthood.19 Studies consistently establish that adolescents who live in jurisdictions with stringent public smoking regulations are more likely to perceive adult smoking as socially unacceptable and have a lower probability of smoking as an adult than adolescents who live in jurisdictions with weak or moderately stringent public smoking regulations.20

15

Centers for Disease Control and Prevention (CDC), Ingestion of Cigarettes among Children Has Toxic Effects, http://www.cdc.gov/tobacco/media_communications/calendar/2007/mar_poisonprevention.htm (last visited Apr. 5, 2007). 16 CDC, Ingestion of Cigarettes and Cigarette Butts by Children-Rhode Island, January 1994-July 1996, MORBIDITY & MORTALITY WKLY. REP., Feb. 14, 1997, at 125-28. In 1995, the American Association of Poison Control Centers reported 7,917 cases of nicotine ingestion in young children. Id. 17 Id. The CDC study found that thirteen of the forty cases of cigarette butt ingestion among Rhode Island children aged six to twenty-four months diagnosed in 1994-1995 produced symptoms such as vomiting and gagging. Id. 18 See, e.g., E.C. Tilson, Testing the Interaction Between Parent-Child Relationship Factors and Parent Smoking to Predict Youth Smoking, 35 J. ADOLESCENT HEALTH 182, 182 (2004) (determining that high levels of parent-child connectedness are protective against youth smoking); Christian Bantle & John P. Haisken-Denew, Smoke Signals: The Intergenerational Transmission of Smoking Behavior (German Inst. for Econ. Research, Discussion Paper No. 277, 2002) (opining that parental smoking significantly increases the probability that children likewise become smokers); A.E. Nolte et al., The Relative Importance of Parental Attitudes and Behavior Upon Youth Smoking Behavior, 53 J. SCH. HEALTH 264, 264 (1983) (concluding that parental attitude and behavior are significantly correlated to youth smoking behavior). 19 BREATH: The California Smoke-Free Bars, Workplaces and Communities Program, Smoke-free Parks, http://www.breath-ala.org/html/out_parksfactsheet.htm (last visited Apr. 5, 2007). Gabrielle Antolovich, Executive Director of the National Council on Alcoholism and Drug Dependence in Silicon Valley, California, believes that when children see adults smoking in family-friendly places like parks and at family-friendly events like Christmas in the Park, they see the behavior as acceptable. They have no concept of addiction. By the time they realize smoking is a major health hazard, they are already addicted. Tobacco-Free Collaborative: San Jose, American Lung Association Gives California A Grades for Statewide Smokefree Air, Youth Access Policies, http://www.tobaccofreesj.org/smoke_free_parks.htm (last visited Apr. 5, 2007). 20 E.g., A.B. Albers et al., Relation Between Local Restaurant Smoking Regulations and Attitudes Towards the Prevalence and Social Acceptability of Smoking: A Study of Youths and Adults Who Eat Out Predominantly at Restaurants in their Town, 13 TOBACCO CONTROL 347, 350 tbl.1 (2004), available at http://tobaccocontrol.bmj.com/cgi/reprint/13/4/347.pdf; M. Wakefield et al., Effect of Restrictions on Smoking at Home, at School, and in Public Places on Teenage Smoking: Cross Sectional Study, 321 BRIT. MED. J. 333, 333 (2000), available at http://www.bmj.com/cgi/content/full/321/7257/333; S.L. Emont et al., Clean Indoor Air Legislation, Taxation, and Smoking Behavior in the United States: An Ecological Analysis, 2 TOBACCO CONTROL 13, 15 (1993), available at http://tobaccocontrol.bmj.com/cgi/reprint/2/1/13?ijkey=fcf90a9e83d3c090596e634143068d42bbedf06e&k eytype2=tf_ipsecsha.

c. Prohibiting tobacco use in outdoor areas reduces health risks. While almost every stateincluding Maryland21and the federal government have passed laws restricting or prohibiting smoking in many indoor spaces,22 outdoor areas like parks and recreation venues remain largely unregulated.23 In response to the U.S. Surgeon Generals determination that separating smokers from nonsmokers . . . cannot eliminate exposures of nonsmokers to secondhand smoke,24 and that levels of secondhand smoke in outdoor public areas can be as high as or higher than levels found in indoor areas where smoking is permitted,25 numerous municipalities26 and states have begun to prohibit smoking in outdoor spaces.27 These outdoor smoke-free ordinances include prohibitions on smoking at public sports and recreation facilities, childrens playgrounds and tot-lots, parks, beaches, public gardens, and sports arenas or stadiums.28 Some municipalities have also included prohibitions on smoking in bus, train, and taxi shelters, as well as service waiting areas such as ticket or service lines and public telephone areas.29 Numerous local governments in Maryland have recently taken measures to create tobacco-free outdoor areas, which illustrate that Maryland residents increasingly support a prohibition on smoking in outdoor areas to improve public health. 30 Nearly all
21

U.S. NATIONAL INSTITUTES OF HEALTH, NATIONAL CANCER INSTITUTE, FACT SHEET: CLEAN INDOOR AIR 1-2 (2005), http://www.scld-nci.net/factsheets/pdf/CleanIndoors_Oct05.pdf. The State of Maryland recently passed the Clean Indoor Air Act of 2007, which prohibits smoking in public indoor areas like bars and restaurants. H.R. 359, 2007 Leg., 423d Sess. (Md. 2007). 22 Secondhand Smoke: Questions and Answers, supra note 1. 23 See, e.g., Lori Aratani, Park Snuffing Out Outdoor Smoking, WASH. POST, Mar. 22, 2007, at GZ1 (recognizing that a number of communities have enacted bans on smoking in restaurants and bars but few have regulations that prevent smoking on park property at outdoor facilities). 24 HHS, supra note 2. In the State of Maryland, 81% of residents are non-smokers. CAMPAIGN FOR TOBACCO FREE KIDS, KEY STATE-SPECIFIC TOBACCO-RELATED DATA AND RANKINGS, http://www.tobaccofreekids.org/research/factsheets/pdf/0176.pdf (last visited Apr. 6, 2007). 25 James Repace, Policy Approaches to Reducing Adolescent Tobacco Use, 1 HEALTHY GENERATIONS 1 (2000). 26 E.g., BREATH: The California Smoke-Free Bars, Workplaces, and Communities Program, Clearing the Air: Outdoor Tobacco Smoke Fact Sheet, http://www.breath-ala.org/html/out_facts.html (last visited Apr. 7, 2007); 27 Tooele County Health Department, Smoke Free Parks: National Trends, http://health.utah.gov/lhd/tooele/Community_Health/Tobacco_Prevention/Smoke_Free_Park_Natl_Trends. html (last visited Apr. 7, 2007). The Appendix to this paper contains a detailed list of jurisdictions that have implemented smoke-free ordinances for outdoor areas. 28 BREATH: The California Smoke-Free Bars, Workplaces, and Communities Program, Sample Outdoor Smoke-Free Ordinances, http://www.breath-ala.org/html/out_samotsord.htm (last visited Apr. 7, 2007). 29 Id. 30 While sparse formal research is available on the attitudes of Maryland residents regarding tobacco-free policies in public parks and recreation areas, studies from other jurisdictions indicate that the American public supports tobacco-free policies for outdoor areas. See, e.g., Elizabeth G. Klein et al., Minnesota Tobacco-Free Park Policies: Attitudes of the General Public and Park Officials, 9 NICOTINE & TOBACCO RES. S49, S52 tbl.1 (2007) (concluding that 70% of the general public in Minnesota favors tobacco free park policies); Robert C. McMillen et al., US Adult Attitudes and Practices Regarding Smoking Restrictions and Child Exposure to Environmental Tobacco Smoke: Changes in the Social Climate from 2000-2001, 112 PEDIATRICS e55, e59 tbl.4 (2003), available at

Maryland counties have enacted complete bans on tobacco use on school grounds and five Maryland counties have also restricted tobacco use in outdoor locations like parks, recreation areas, ball fields, and public common areas.31 Therefore, the State of Marylands prohibition of tobacco use in public parks and recreation areas would complement efforts already taken by local governments to reduce the health risks of tobacco use in outdoor areas.

II. Tobacco Use in Public Parks and Recreation Areas Degrades Our Environment a. Cigarette litter pollutes the environment. Discarded cigarette butts from tobacco use in public parks and recreation areas are a significant environmental hazard. Cigarette butts are the most prevalent form of litter on Earth, accounting for one of every five items collected during park and beach cleanups.32 In 2003, cigarette butts and cigarette filters accounted for nearly 35% of all items found in U.S. land and water cleanups.33 Additionally, most components of a cigarette butt take between two and twenty-five years to biodegrade.34 However, since cigarette filters are made of cellulose acetate, a form of plastic, they break down slowly and never fully biodegrade.35 Because of the significant period of time that cigarette butts remain in the environment after being discarded, nearly 80% of these butts enter into human water systems, thereby polluting drinking water and other sources of water used recreationally.36 The financial impact of this litter is both direct and indirect. State and local governments spend money and employ personnel to remove cigarette butt litter from public parks and other outdoor areas.37 An indirect impact is felt when tourists
http://pediatrics.aappublications.org/cgi/reprint/112/1/e55 (asserting that 25% of the respondents surveyed believed outdoor parks should be smoke-free). 31 Jurisdictions restricting tobacco use in outdoor areas include Anne Arundel, Carroll, Howard, Montgomery, and Prince Georges Counties. See Anne Arundel County, Md., Tobacco-Free Recreational Facilities http://www.aacounty.org/RecParks/sports/tobaccofree.cfm (last visited Apr. 7, 2007); Anne Arundel County Recreation and Parks Policies, Facility User Rules & Guidelines, Dec. 1, 2006, http://www.aacounty.org/RecParks/policies/resource/policy_facilityrulesandguidelines.pdf; CARROLL COUNTY, MD., CODE 155-22.1 (2002); HOWARD COUNTY, MD., CODE 12.600-12.612 (2006); Maryland-National Capital Park and Planning Commission, Rules and Regulations for the Operation of the Park Systems in Montgomery and Prince George's Counties ch. 5, 3 http://www.mcparkandplanning.org/rules/rules_regs_ch5.shtm (last visited Apr. 7, 2007). 32 No Butts About It, Cigarette Butt Litter Fact Sheet, http://www.nobuttsaboutit.net/downloads/form.fact_sheetNEW5-1-04.doc (last visited Apr. 7, 2007). 33 Keep America Beautiful, Cigarette Litter Prevention Program, http://www.kab.org/programs.asp?id=51&rid=76 (last visited Apr. 7, 2007). 34 No Butts About It, supra note 32. 35 Keep America Beautiful, supra note 33. 36 No Butts About It, supra note 32. See also EPA, Stormwater Phase II Final Rule: Small MS4 Stormwater Program Overview, (Dec. 2005), http://www.epa.gov/npdes/pubs/fact2-0.pdf (describing cigarette butts as a stormwater pollutant). 37 Clean Virginia Waterways, Cigarette Butt Litter, Cigarette Litter Impacts, http://www.longwood.edu/cleanva/cigbuttimpacts.htm (last visited Apr. 7, 2007). For example, the Virginia Department of Transportation (VDOT) spends more than six million dollars annually for litter cleanup along Virginias roads, of which cigarette butts comprise a large percentage. Id.

avoid certain outdoor areas due to the accumulation of trash, including cigarette butts.38 Maryland is not immune to the problems posed by cigarette litter. For example, during the 2005 International Coastal Cleanup, smoking-related litter, such as cigarette butts, cigarette filters, cigar tips, and tobacco product packaging, constituted eight percent of the debris found on Marylands coastline.39 Cigarette butts alone constituted nearly seven percent of the total debris recovered.40 To combat this cigarette litter problem, the Maryland Park Service established a trash-free parks program, which aims at reducing the quantity of waste found in Marylands public outdoor spaces.41 b. Tobacco use in public parks and recreation areas injures wildlife. Cigarette smoking in outdoor areas also harms wildlife. Both terrestrial and marine animals frequently mistake cigarette butts for food and ingest them.42 Ingestion of cigarette butts causes serious health complications for animals, including strangulation, starvation, nicotine poisoning, and even death.43 Consumption of plastic and foil cigarette packaging, as well as cigarette cartons, also poses specific dangers to aquatic wildlife.44 Moreover, the chemicals released into aquatic environments from cigarette butts are lethal to plankton-like animals (e.g., the water flea, Daphnia magna), which serve the critical function in aquatic ecosystems of transferring energy and organic matter from algae to higher consumers like fish.45 Since Maryland is home to wildlife sanctuaries like the Chesapeake Bay, the continual pollution of our States outdoor areas with cigarette butts therefore threatens the key wildlife that inhabit these environments, such as crabs, rockfish, and oysters.46
38

Citizens for a Clean Lynchburg, News and Issues, http://www.cleanlynchburg.com/index.php?page=issuesandnews (last visited Apr. 13, 2007); Coffs Harbour City Council, What Councils Doing, http://www.coffsharbour.nsw.gov.au/www/html/539-wasteeducation.asp (last visited Apr. 13, 2007). 39 THE OCEAN CONSERVANCY, 2005 INTERNATIONAL COASTAL CLEANUP, SUMMARY REPORT: MARYLAND 3 (2006), http://www.oceanconservancy.org/site/DocServer/2005_ICC_SummaryMaryland.pdf?docID=1921. 40 Id. Specifically, cigarette butts accounted for 6.8% of the total debris retrieved in 2005 from Marylands coastline. Id. 41 Press Release, Maryland Department of Natural Resources, MD State Forest And Park Service Enhances Visitor Protection Through Park Watch Program, July 28, 1999, http://dnrweb.dnr.state.md.us/dnrnews/pressrelease1999/072999a.html . 42 Clean Virginia Waterways, supra note 37. Cigarette butts and filters are often found in the stomachs and intestines of fish, birds, whales, sea turtles, and other animals. Id. 43 Id. By eating cigarette butts, an animal mistakenly feels full and can starve because it is not consuming necessary nutrients. Lawmakers Take on Smokers Litter, STATE LEGISLATURES (Sept. 2001), http://www.ncsl.org/programs/pubs/901ofrsm.htm; Californians Against Waste, Dirty Butts: Combating Cigarette Litter and Pollution, http://www.cawrecycles.org/issues/cigarettes (last visited Apr. 7, 2007). 44 Kefalonia Travel Guide: Euro Turtle, Sweets and Cigarettes Are Not for Turtles, http://www.agni.gr/kefalonia_travel_guide/Wildlife_-_Flora_and_Fauna/Euro_turtle/index.asp (last visited Apr. 7, 2007). 45 Kathleen M. Register, Cigarette Butts as LitterToxic as Well as Ugly, 25 UNDERWATER NATURALIST (2000), available at http://www.longwood.edu/cleanva/ciglitterarticle.htm. 46 Chesapeake Bay Foundation, Animals, http://www.cbf.org/site/PageServer?pagename=exp_sub_watershed_animals (last visited Apr. 7, 2007); National Aquarium in Baltimore, Conservation Tips,

c. Tobacco use in public parks and recreation areas causes unnecessary fires. In addition to creating trash problems and injuring wildlife, tobacco use in public parks and recreation areas results in devastating fires. For example, in 1988, a discarded cigarette butt caused a fire that burned more than 630 square miles of Yellowstone National Park.47 Recognizing the increased risk of fire that smoking creates for parklands, the federal government provides superintendents of national parks with discretion to designate portions of parklands as closed to smoking when necessary to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities.48 Locally, similar fire dangers exist as a result of smoking in state park and recreation areas. In Maryland, smoking caused 57 public park and recreation area fires in 2006, resulting in 61.9 acres of burned forest land.49 Between 2005 and 2007, roughly six to eight percent of wildfires within Marylands borders were smoking-related.50 Additionally, smoking materials caused 5.7% of all wildfires in Virginia last year, which burned a total of 194 acres through 72 separate fires.51

III. Maryland Should Prohibit Tobacco Use in its State Parks and Recreation Areas to Improve Its Public Heath and Environment In light of the substantial public health and environmental dangers created by smoking in outdoor areas, Maryland should follow the actions of numerous other states52 and prohibit smoking in its public parks and recreation areas. This prohibition would improve public health by reducing exposure to ETS, thereby lessening the incidence of illness and disease resulting from secondhand smoke exposure, and lowering medical costs for treating such illnesses. Tobacco-free public areas will also aid in establishing non-smoking as a normative behavior for youths, which deters children from smoking at a young age and diminishes their risk of smoking as adults. Additionally, an outdoor smoking prohibition would lower the number of cigarette butts discarded in Marylands
http://www.aqua.org/conservationevents_conservationtips.html (last visited Apr. 7, 2007) ([E]ven in cities, most trash eventually finds its way to the open oceans. Baltimore City is on the Chesapeake Bay. A cigarette butt thrown away on Charles Street may eventually be mistaken for food by sea birds that see it floating on the water.). 47 Bruce Leistikow et al., Fire Injuries, Disasters, and Costs from Cigarettes and Cigarette Lights: A Global Overview, 31 PREVENTATIVE MED. 91 (2000), at 94 tbl.2. 48 36 CFR 2.21 (2006) (emphasis added); see also National Park Service, Directors Order #50D: Smoking Policy (Dec. 1, 2003), http://www.nps.gov/policy/DOrders/DOrder50D.html. 49 Interview with Steve Koehn, Director of Forest Service, Maryland Department of Natural Resources (Oct. 26, 2006). 50 Id. During 2005, 6.12% of state wildfires were caused by smoking, representing 0.74% of total acreage burned. Id. In 2006, smoking caused 7.6% of the wildfires in Maryland, representing 1% of the total acreage burned. Id. 51 Interview with Fred X. Turck, Assistant Director for Resource Protection, Virginia Department of Forestry (Apr. 6, 2007). 52 See infra Appendix, at i.

parks and recreation areas, decreasing the amount of manpower required to pick up trash in state parks and reinforcing the Maryland Park Services trash-free parks program. Finally, this tobacco-free measure would reduce the risk of smoking-related fires and protect wildlife by decreasing the number of cigarette butts that could ignite fires or be ingested by animals. Such comprehensive protection for Marylands most precious resources is long overdue.

APPENDIX: U.S. JURISDICTIONS WITH SMOKE-FREE PARKS AND OUTDOOR AREAS Alaska o Anchorage (proposed ban) smoking would be prohibited in city parks (possibly Anchorage Assembly was still debating this as of May 2006), outdoor sports arenas and stadiums, etc. Arizona o Mesa smoking prohibited in nearly every outdoor space where the public congregates. California smoking prohibited in following areas: o Statewide ban within 20 feet of outdoor playground areas designated for children. o Selected State Parks smoking banned here due to fire risk Chino Hills Castle Rock o Anaheim outdoor sport venues o Arcata outdoor parks o Berkeley all public places, indoors and outdoors; within 20 feet of any entrance, exit, or air intake vent to any building that is open to the public. o Calabasas all outdoor public places, including sidewalks and parks o Calexico parks, playgrounds, and tot lots o Capitola beaches o Contra Costa County unincorporated areas of parks, public trails o Davis outdoor public places, including outdoor dining areas play areas, sporting and entertainment events, public gardens; fairs; bus stops; ticket lines, and any place where people are using or waiting for a service, entry, or transaction; within 20 feet of a building, except while walking to another destination. o Disneyland smoking is prohibited in the entire park, except for three designated smoking areas. o El Cajon parks, playgrounds, recreation center o Firebaugh parks o Fowler parks o Fresno parks o Grand Terrace parks, playgrounds, and/or tot lots o Huntington Beach beaches o Huntington Park parks and beaches o Laguna Beach -- beaches o Los Angeles beaches, zoos, and outdoor sports venues o Malibu beaches, piers o Mammoth Lakes parks o Manhattan Beach beaches and pier o Marina Del Ray beaches o Mendota parks o Modesto parks, playgrounds, and tot lots

Appendix

Monterey Park parks Newport Beach parks (ban on all tobacco products) Orange County along its entire coast Orange Cove parks Palm Desert parks, playgrounds, tot lots Palo Alto bus, train, & taxi shelters; service waiting areas; areas w/in 20 feet of an enclosed public place; areas within public parks or other publicly accessible areas o Pasadena parks and golf courses o Pine Grove parks, playgrounds, and tot lots o Rancho Cucamonga parks, playgrounds, tot lots o Redlands parks o Reedley parks and outdoor dining areas o San Bernardino any public sports & recreation facility, public sandbox, tot lot, course, track, field, skate facility, sports arena or stadium. o San Clemente beaches o San Fernando any park, playground, or recreation center; chew tobacco and tobacco-related products also prohibited in these areas. o San Francisco public parks and pier o San Ramon outdoor seating areas; outdoor areas that are not separated by a reasonable distance; and at least 50 feet surrounding tot lots and playground equipment installed for public use. o Santa Barbara beaches, outdoor dining areas o Santa Cruz beaches, boardwalk, waiting lines o Santa Monica parks and beaches o Seal Beach beaches o Solano Beach parks and beaches o Vacaville parks o Venice Beach parks and beaches o Winters parks (ban on all tobacco products) o Woodland parks Georgia o Douglasville smoking prohibited in city parks and ball fields o Kennesaw smoking banned in city parks Hawaii o Hanama Bay, Oahu smoking banned to protect the sea turtles because they were eating cigarette butts and dying from complications of this ingestion; HI banned smoking there to protect its tourism. Indiana o Indianapolis proposed ban prohibits smoking in nearly all outdoor areas, including parks, outdoor seating areas, cab stands, and ticket lines (would be one of the most stringent bans in the nation). Maine o Sharon smoking is prohibited on beaches and in public playgrounds o o o o o o

Appendix

10

Maryland o Anne Arundel County prohibits tobacco use in dog parks, aquatic facilities, playgrounds, and within 100 yards of an organized activity at a county park o Carroll County park visitors are precluded from smoking or consuming tobacco products in undesignated areas or at undesignated times o Howard County smoking prohibited in all public places where the public is gathered for a common purpose o Montgomery County tobacco use prohibited in or around park facilities o Prince Georges County smoking prohibited in outdoor areas where notice is posted Massachusetts o Statewide (proposed ban included in S.B. 1271) smoking prohibited in public outdoor areas, including parks, playgrounds, and recreation areas S.B. 1271 died when it was referred for a study order. Minnesota: more than 85 localities have banned smoking in outdoor areas, including: o Adrian smoking prohibited in all city-owned park and recreation areas o Bloomington all city owned park property is tobacco free o Crystal tobacco-free policy covers city-owned playgrounds, the skateboard park, aquatic center, and youth athletic fields during citysponsored youth events o Dassel smoking prohibited in all city-owned park and recreation facilities, park land, open space, and trails o Elbow Lake smoking prohibited in all city-owned parks, playgrounds, athletic fields, and trails o Ellsworth smoking prohibited in all city-owned park and recreation areas o Mendota Heights smoking prohibited in all city-owned and operated park property and recreational facilities o Mounds View tobacco products are no longer allowed within 100 feet of any beach or playground o North Saint Paul smoking prohibited in public parks o Rock County tobacco products prohibited in all county parks o Washington County tobacco products prohibited within 100 feet of any beach or playground New Jersey o Mount Olive smoking prohibited in outdoor recreation areas New York o Statewide (proposed ban included in S. 7153) smoking prohibited at playgrounds o Eastchester smoking prohibited in sections of Lake Isle Park o Greenburgh smoking prohibited in sections of Anthony J. Veteran Park o New York City smoking prohibited in childrens playgrounds and in public places like work sites, sports arenas, schools, and restaurants o Putnam County smoking prohibited at its public lakeside beach

Appendix

11

o Rye Kiddyland section of Playland Park; smoking banned in all lines for rides o Scarsdale smoking prohibited in all public parks that have play equipment for children and at playing fields and pools o Westchester County -- parks Pennsylvania o Statewide HB 2061 proposed to prohibit smoking in state parks; violations would be punishable by a $50 fine. Bill was proposed during the 2005 Session and referred to the Committee on Environmental Resources and Energy on October 17, 2005. (Copy of bill text attached.) Texas o Bellaire smoking prohibited in public parks States that have communities with outdoor tobacco/smoke-free air ordinances/regulations/policies at parks, zoos, youth sports areas, and/or beaches include: o Alabama o Alaska o Arizona o California o Colorado o Connecticut o Delaware o Florida o Hawaii o Iowa o Louisiana o Maine o Maryland o Massachusetts o Michigan o Minnesota o Mississippi o Nebraska o New Jersey o New Mexico o New York o Nevada o North Dakota o Oregon o Texas o Utah o Vermont o Washington

Appendix

12