Borough Council moves to ban smoking in new downtown plaza.
By: David Campbell
The Princeton Borough Council introduced an ordinance Tuesday night that would extend many current regulations for public parks to the outdoor plaza expected to open soon next to the Princeton Public Library an ordinance that includes a proposed ban on smoking.
Borough Administrator Robert Bruschi and Police Chief Anthony Federico recommended extending the existing code for parks to the plaza, and Borough Attorney Michael J. Herbert included the proposed smoking ban, citing the council’s strong stance on regulating smoking, according to a memo to the council and mayor from Mr. Herbert.
The attorney said in his memo that a provision under the proposed state Smoke-Free Air Act, which is working its way through the state Legislature, would permit municipalities to impose smoking prohibitions equal to or tougher than those provided under the act. On that basis, he said in the memo, the proposed ban in the ordinance introduced Tuesday night "would be sustainable if challenged."
Councilman David Goldfarb sought to have the outdoor prohibition removed from the ordinance before it was introduced Tuesday, but Councilman Roger Martindell argued to have it put back in. The introduction with the ban in place was approved by a 4-1 vote, with Mr. Goldfarb dissenting and Councilwoman Wendy Benchley absent. A public hearing is slated for April 26.
"What public good does it do to ban smoking in a public area?" Mr. Goldfarb said.
On Wednesday, Mr. Goldfarb said he believes the borough has no intention of enforcing such a prohibition, calling it "a classic example of well-intentioned but very bad public policy."
Mr. Goldfarb said, "The very thought of sending people out there to give people a ticket for smoking in a public park is laughable." He said the argument against smoking indoors is that there’s evidence secondhand smoke is harmful, and that it would be unavoidable inside. "That’s certainly not true in an outdoor space," he said.
Mr. Martindell strongly supported the ban. As he explained after the meeting, "Smoking is dangerous to the smoker, smoking is dangerous to persons in the vicinity of the smoker. It yields unsightly litter, and it costs taxpayers money to clean up that litter."
Also, he said that since the plaza is next to the library where children will be present, smoking is not appropriate in that location.
If approved, the ban would not be the first on smoking outdoors in Princeton. For example, Theodore R. Ernst, Princeton’s assistant recreation director, said smoking is not permitted in the pool complex off Witherspoon Street in Princeton Township. He said the joint Recreation Board for the borough and township created the policy.
Dr. Norman J. Sissman, chairman of the Princeton Regional Health Commission, said the commission approved a policy that prohibits smoking on the grounds outside Princeton High School. "It’s not unheard of at all," he said of outside restrictions of this kind in Princeton.
Mr. Herbert said that if the pending state legislation is passed, the proposed plaza ban won’t be open to debate. But even without the state law, he said, the prohibition is justifiable. The attorney said the plaza is a unique "public asset" enclosed on three sides, including by a public library, where he said the public will congregate and eat outdoors. He said smoking could constitute a nuisance and a fire hazard and prompt littering.
"All those combine to justify a prohibition," Mr. Herbert said. "I believe there’s sufficient grounds for establishing no smoking."
In March, the state Senate Health, Human Services and Senior Citizens Committee released a bill that would prohibit smoking in public places, such as bars, restaurants and social clubs. Tobacco shops, such as A Little Taste of Cuba downtown, would be exempt.
In 2000, the Princeton Regional Health Commission adopted a ban on smoking in most public indoor places, prompting a lawsuit by several downtown Princeton bars and restaurants and a smokers’ rights group. Mercer County Superior Court Judge Linda Feinberg overturned the ban. She ruled that state law permits only the Legislature, and not municipalities, to regulate smoking in public places.
The ordinance introduced Tuesday night extends with some modifications regulations for parks to the new plaza, which is not yet opened. In addition to the smoking ban, it includes restrictions on dogs in the plaza and on disorderly conduct, liquor and littering.

