Miami Beach Bans Cigarette Smoking at Beaches and Parks

The city of Miami Beach has passed a new law banning cigarette smoking at its renowned beaches and public parks, set to take effect on January 1, 2023. The law, which received final approval from city commissioners on Wednesday, outlaws the smoking of cigarettes and other tobacco products in these areas, with an exception for unfiltered cigars.

Commissioner Alex Fernandez, who sponsored the proposal, emphasized the importance of the ban, stating, “Nothing can be more important not only to protect our health, but to protect our environment.”

Violating the law could result in fines of $100 for a first offense and $200 for a second offense within a 12-month period. Miami Beach police also have the discretion to make arrests, with a penalty of up to 60 days in jail. A third offense within 12 months would automatically trigger a criminal violation.

Environmental Concerns and Statewide Changes

Fernandez cited environmental factors as a primary reason for proposing the ban, noting that cigarette butts contain plastic filters that take a long time to biodegrade. City Attorney Rafael Paz stated in a memo that cigarette butts are “by far” the most common item polluting the city’s beaches, parks, and waterways.

The new Miami Beach law comes after Florida Governor Ron DeSantis signed a bill this summer allowing cities and counties to regulate smoking of tobacco products at beaches and parks. Previously, local governments in Florida were unable to enact such bans, as a judge ruled in a 2017 lawsuit by the American Civil Liberties Union that only the state could regulate tobacco use.

The recently enacted state legislation made an exception for unfiltered cigars because they don’t contain plastic filters. However, Senator Jason Pizzo, a Democrat whose district includes Miami Beach, voted against the state legislation, raising concerns that the carve-out for unfiltered cigars could lead to discriminatory outcomes against people who smoke cigars with filters.

Miami Beach has taken a hard-line stance on other smoking-related laws. In 2019, the city banned the public smoking of marijuana and hemp, even as the Miami-Dade State Attorney’s Office announced it would no longer prosecute most minor marijuana charges due to difficulties distinguishing between the smell of marijuana and hemp, which is legal in Florida.

As the new law takes effect on January 1, 2023, Miami Beach officials will focus on educating the public and installing new signage at beach and park entrances to ensure awareness and compliance with the smoking ban.

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Matthew Ma

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With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.