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Council planning differing approaches to smoking and drinking in Batavia parks

By Howard B. Owens

Rather than pass a law banning smoking in city parks, the Batavia City Council is considering a resolution that will say, in essence, "please don't smoke."

If passed, signs will be posted in city parks saying the parks are no smoking areas, but police will not have the power to arrest a person who refuses to stop smoking.

"If it’s just a resolution, we’re probably going to ask for voluntary compliance," said Chief of Police Randy Baker. 

He also explained, "The police department acts as an agent of the community and we ask people to comply with what the community cannot tolerate. It's up to their (the council's) discretion to provide us the direction they want us to take."

The resolution proposal was discussed at Monday's council meeting as part of a comprehensive approach to cutting down on substance abuse in city parks.

The city will get tougher with alcohol consumption in parks by voting in July on a fast-track ordinance change that would ban alcohol consumption in parks without a permit.

The current law prohibits drinking beer and other adult beverages in the park, but allows drinking in certain designated areas, such as pavilions.

A one-word change in the ordinance would make it illegal to have an open container in the pavilions.

Councilwoman Patti Pacino, for one, welcome the proposed change.

"I do a summer program for kids," Pacino "We serve lunch. And every single day we see the same people sitting in the same pavilions drinking beer. There is nothing I can do about it."

People who want to have picnics and parties in the pavilions can apply for a $25 permit and then serve alcohol, but once the law is amended, police will be able to deal with residents who reportedly gather in the pavilions on a routine basis and just sit and drink day-after-day.

As for the smoking resolution, only Councilwoman Rosemary Christian raised concerns about about a blanket restriction on smoking in parks.

She said she wants to see designated areas for smokers.

Smokers pay for parks, too, she said, and she finds it ironic that one of the community groups pushing to end smoking in parks is GCASA.

"Go down there (to the East Main GCASA location)," Christian said. "It’s all in front of the property, city property, there are butts all over. And these are the people that want us to stop? I don’t think so."

tom hunt

The majority of people who have an addiction problem, whether with drugs or alcohol also smoke or use tobacco. One of the three is acceptable in today's society, even though I personally find it total digusting and a filthy habit.

Jun 28, 2011, 6:35am Permalink
John Roach

So what's next? Will Council members like Frank Ferrando and Bob Bialkowski try to ban smoking on Main Street. Mr. Ferrando wants to be elected to the County Legislature, will he try to ban smoking at the county parks?

Rose Mary Christian had a practical solution, just set aside an area in the parks for smokers. Like she said, they help pay for the parks and should be able to use at least a small designated area.

And to pass a law that by law can not be enforced, in my own opinion, sounds like a waste of time and money.

Jun 28, 2011, 6:53am Permalink
JOSEPH MAROTTA

I like Rose Mary Christian's solution also.In a way I think everyone has a legitt point here.I have a trache from being a welder in the Army and inhaling Lead and other heavy metals in the fumes that went under my welding mask that caused a tumor in my throat which I had removed in 1999 thus the trache. So if I choose to smoke an expensive cigar when I go fishing in or directly behind a city or county park. Which I usualy do when I get a chance to find some kind of peace and solice away from society and its everyday pressures.IE; Wife, kids, bills, DR. Apointments oh ya and my fishing licenses for me and my wife which now cost $60.00 together each year. I cant have a cigar now when Im fishing which I paid for because I GOTTA LOOK OVER MY SHOULDER TO SEE IF SHERRIF JOHN BROWN WANTS TO CUT ME DOWN FOR SMOKING A CIGAR.If thats the case down with whitey and I can say it because I am white!

Jun 28, 2011, 10:48am Permalink
JOSEPH MAROTTA

And by the way I dont smoke when Im around other people especialy kids.I dont smoke through my trache I smoke the same way everyone else that smokes does and my trache is not from smoking as mentioned above! And Im proud of my trache as a result of serving my country. Remember all the tanks and jeeps you saw on tv during Desert Shield / Desert Storm.I helped weld them together they cut the jeeps in half so they could fit more on each plane. My job 44 Bravo was to weld the bodies and chasis back together thats how Gen. Stormin Norman was able to ground attack with such force in numbers. Im glad I came home with a tumor that was taken out and not in a flag drapped box! So am I proud of how I got a trache yes because I got it serving my country that I would die for America!

Jun 28, 2011, 8:45am Permalink
William Millen

"Please Don't Smoke", SERIOUSLY! Do you really think someone who smokes is going to voluntarily not smoke in the parks or recommended non-smoking areas? While alcohol consumption by a select few can ruin another person's time in a park, so can the second hand smoke that the non-smokers have to deal with. No, I am not a smoker, but I do believe that all people have rights. I see no problem with designated areas for smokers and even people who choose to consume alcohol.

I could go on and on regarding the topics of permits to reserve a spot in a public park, or the lack of respect people have for others (both smokers, alcohol users, and the rest of the people). But what is the point! People these days have very little respect or concern for others. Most people only care about themselves, and that is a big problem within our communities and country as a whole!

Jun 28, 2011, 9:00am Permalink
Daniel Jones

Rather than have our streets littered with cigarette butts, let's just please have a designated area with a cigarette butt receptacle far away from the playgrounds or pavilions. I think that Rose Mary had a reasonable solution.

Jun 28, 2011, 9:32am Permalink
Marie Smith

I really don't get why people continue to think it is ok to smoke in public places. It is YOUR personal choice to smoke.....it isn't my choice to smoke, so if you are smoking in a park next to me or my children we have to move if we don't want to breathe in your second hand smoke. HMM don't you see a problem with that? and yes SOME people don't smoke around children or other people but not everyone is that conscious of their surroundings. Smokers always seem to complain about their rights, well how about my rights as a NON smoker? It is disgusting and who wants to smell and or breathe that in while you are trying to enjoy time outside? Smokers have the right to smoke becuase this is a free country, so don't infringe on my rights to not smoke. We all have the right to drink(of leagal age) but there are places that we can and can't do that also.

Jun 28, 2011, 9:43am Permalink
Daniel Jones

Marie - Then would you oppose a designated area far away from everyone else, I believe that would not infringe upon your rights as a non-smoker. I actually agree that non-smokers have a right to not be harassed by smoke and that's why I think that a smoking area in a park far away from everyone else is rational.

Jun 28, 2011, 10:06am Permalink
JOSEPH MAROTTA

I like the way you worded your coment Marie. People dont mind if others smoke. But just as long as they are respectful of the feelings of others around them. After all if its a right its also a responsibility. If theres a receptical to put your butt in when your done smoking. Put it there! The world is not your ashtray. If your smoking and see kids running toward you in harms way stop puffing or move out of the way so they dont have to inhale it and dont blow it at them.Common sense, just as much as you enjoy your rights and say "NEMO ME IMPUNE LACESSET" or in laymens terms DON'T TREAD ON ME! Thats all the ones who dont smoke are asking. If you do smoke and we respect the fact you have that right. Would you kindly show respect for those of us that dont smoke.But alas its easier said than done.I guess its like holding the door open for people at the store Ive learned to never expect the same treatment back but I do it anyways no matter if I have had quams with a person or not because I know thats how I would want to be treated.

Jun 28, 2011, 10:33am Permalink
Howard B. Owens

I'm sitting on a park bench well away from other people enjoying a cigar. You (whoever you are) comes along with a baby in a carriage and sit down on the bench with me. Should I be expected to leave or put out my cigar?

Also, here's something nobody seems to have picked up on -- the city council is poised to ask already overworked police officers to "enforce" no smoking in parks when it isn't against the law. Officers will be expected to approach people smoking in parks and ask them not to smoke. Good use of police resources?

Jun 28, 2011, 10:54am Permalink
JOSEPH MAROTTA

When I go to the gun range with my sons I have taught them to police or pick up their brass when were done shooting and put it in the bucket. So it isnt laying around for the next person that uses the range to trip on. The same should apply to cigarete butts and alchohol bottles and cans. Be responsible and no can say you arent! Make rules for yourself and stick to them. Its just lazy to be less than a foot from a cigarete receptical and yet tou still fling your cigarete on the side walk just in front of a mother pushing a baby in its stroller while its still lit and smoking. Did you realy have to do that?

Jun 28, 2011, 11:13am Permalink
Thomas Mooney

Howard , Good point but should the person wanting to sit down next to you because there is no other place to sit , be subject to smoke . If it creates smoke that can travel some distance with obnoxious oder then it could be in the DEC law of ban on open burning . LOL

But seriosly I have neighbors that sit out side on the porch and smoke . Are they entitled to do this even though I can not open my windows because the smoke goes into the house . To me they are violating my right to breath fresh air inside my house .

One should be allowed to smoke where ever they want as long as it doesn't violate someone else's rights .

So if you are a park bench and no one is around then go ahead and kill yourself, but if someone choses to sit down next to you, then out of respect for others you should ask if it bothers them and if it does , put it out . Nine times out of ten if you ask if it bothers them they would say no because you gave them the option and the respect .

Jun 28, 2011, 11:05am Permalink
JOSEPH MAROTTA

Howard if you respect that childs life you would move away. And if the dumb but mother whoever that might be had one iotta of common sense seeing you smoking a cigar away from everyone else respectfuly. She wouldnt put her child in harms way! DA? Common sense is a two way street.

Jun 28, 2011, 11:27am Permalink
JOSEPH MAROTTA

You dont run in front of semis on Ellicott St.And you dont park your kid in a stroller next to someone alone on a bench smoking and minding their own buisness and sitting there so they dont offend anyone with their smoke.

Jun 28, 2011, 11:34am Permalink
JOSEPH MAROTTA

Please dont take anymore "unnecessary" rides through the country anymore as the exhaust from your tail pipe is causing smog which is causing green house gases to build up which is killing everyone with a 100 yr. or less life expectancey slowly but surely and breathing problems in children are on the rise because of everyones exaust fumes and how far does this really need to go? And should everyone who drives stop because they know this now? Will you....?

Jun 28, 2011, 11:58am Permalink
Steve Ognibene

I rented a pavilion couple weeks ago and after we left some teenager wanted to start a fire in the bathrooms so we called the police to handle it and they did. I think a no smoking signs should be posted on all the city parks.

Jun 28, 2011, 11:58am Permalink
JOSEPH MAROTTA

It sounds more like arson your refering to. There is a difference between lighting a role of toilet paper on fire and smoking a cigarette.I dont think anyone would disagree that arson on public property shouldnt ever be tolerated.

Jun 28, 2011, 12:07pm Permalink
Jennifer Keys

Something I don't see mentioned here or in the article is the prevelance of asthma these days in both children and adults. Smoking and second hand smoke aggravate asthma.

Having grown up with grandparents who smoked like chimneys inside with the windows closed I really don't get what is enjoyable about smoking, but I do respect another's right to smoke as long as it doesn't infringe on anyone's, including my children's or my right, to smoke free air. I also dislike looking at cigarette butts everywhere. That's litter. There's no excuse to litter. Please take care of them. If there isn't a receptacle where you are then carry it to one. That's what we do with our trash.

I'm torn because I do believe people have a right to destroy their own health, even if they find it enjoyable, but I don't believe they have a right to destroy the health of others. Cancer from second hand smoke is a serious issue. I would like to see those who smoke be considerate of others and the planet so we don't even have to have this conversation.

Jun 28, 2011, 1:07pm Permalink
John Roach

If you can't smoke in a park when nobody is around you, then why will you be able to smoke walking down Main Street? You might walk past somebody, right?

Again, at some point people have to say enough is enough, stop being the nanny cops telling us what to eat, what kind of car to drive, what light bulbs we can buy and where we can smoke when nobody is even around (and I don't smoke).

Jun 28, 2011, 3:06pm Permalink
Michele Case

Sorry, Joe but i gotta correct you. As a former charge nurse on a tracheotomy unit, the abbreviated version is "trach." Even I did not know what you were talking about at first. As you probably know, doing trach care is all the more nasty when performed on smokers! I think it is a good idea to designate smoking areas in parks to separate the smoke from nonsmokers. Outlawing smoking I feel is ridiculous. If someone chooses to smoke I do not have to choose to stand next to them. When I have to walk by someone smoking I just hold my breath a couple seconds. A bit more frustrating is trying to get inside a building that is surrounded by smokers puffing away. It is a bit harder to hold your breath that long. But to say smokers cannot smoke in the open air of a park is just a violation of their rights I think.

Jun 28, 2011, 3:35pm Permalink
william tapp

i think smoking should be ban every where, i my self do not want to smell there smoke on main street or in the parks , they can go smoke in there own homes . i wish the state would ban smoking all together , be allot less cancer

Jun 28, 2011, 3:52pm Permalink
Dave Olsen

I can't help myself...Is Rosemary Christian the only council member with any sense? time after time I see some cock a mamie thing being brought up and she seems to always be the voice of common sense. I don't live or own property in Batavia or use the parks, so I don't much care what they do. I'm not a smoker, hate the smell of cigarettes and think people look silly smoking them. I'm sure this has more to do with the loud, relentless, shrill voices of the anti-smoking lobby than wanting to protect young lungs. Small town politics at it's best, yap in a council members ear long and loud enough and he'll do whatever you want.( I'm sure that'll get some shrill knee-jerk self-righteous comments ) Yes, Howard it would be a huge waste of police officers time and effort. Lastly, who cares if people sit in the pavilions day after day and drink beer. If noone else is using them and they aren't being obnoxious, who are they bothering except a bunch of busybody tongue cluckers. (the article said nothing about obnoxious behavior)If these beer drinkers are also hell-raisers and are being vulgar and loud and generally piggish, (no insult meant to pigs) then there are laws for that. Stopping alcohol consumption won't turn boors into ladies and gentlemen. Sorry nanny statists

Jun 28, 2011, 5:03pm Permalink
William Millen

Being a non-smoker I am more than happy to support more and more laws prohibiting smoking, especially in public areas. However, I do believe that smokers have their rights and should have designated smoking areas.

The big problem is the disrespect that many smokers have when they smoke around people who do not smoke. Here's an example of the lack of respect smokers have for others: A few months ago I pulled into a parking lot, and right next to me was a young couple with the windows closed smoking (so much smoke that I could see it) - in the back seat was a child no more than year old. Talk about disrespect, or should I say in this case, stupidity. All too many times a smoker can ruin a non-smokers time, health, and well-being!

As for this being policed by local law enforcement, they have better things to do. I'd be happy to see more traffic stops keying on people who are speeding and/or driving illegally (talking cell phone, texting, etc.) Point is, law enforcement has more important things to do - can't we as citizens take some responsibility and act like adults!

Jun 28, 2011, 9:52pm Permalink
RICHARD L. HALE

I agree with a designated area for smokers.

Smoking is an addiction, not a habit. Signs and regulations don't mean much to an addict.

Police shouldn't have to enforce no smoking policies. I think the county health department should have something to do with it. Or better yet, let a do-gooder-group like Smoke Free Genesee, spend their weekends and holidays, scouring the county for violaters.

Go down on Main Street some afternoon. Sit on one of the benches.(one facing the street). Pick one close to an intersection. Watch the tractor trailers start up when the light turns green, see the smoke? Woooooooooooooo..

Jun 29, 2011, 12:48am Permalink
Phil Ricci

Geez...Put a designated area for smoking. Done.

Now...do you think you guys can get back to stuff like fixing the travesties that are our roads and sidewalks? I mean I would actually like to see something that my tax dollars pay for.

Thanks.

Jun 29, 2011, 1:22am Permalink

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