An ordinance outlawing smoking on all City of San Diego beaches and parks has created some disagreement over whether or not beach boardwalks will also be smoke-free.
According to Pam Hardy, spokeswoman for District 1 Councilman and Council President Scott Peters, the ordinance, which passed with an 8-0 vote by the City Council June 19, was created with the intent of including the boardwalk areas.
But because the boardwalk is a public right-of-way, it is part of the city’s streets division and not included in the city beach and park areas, she continued.
To resolve this problem, an amendment to the original ordinance is in progress. The amended ordinance will require another vote and must wait until after the legislative recess, which ends Sept. 12.
Peters, who seconded the introduction made by Councilman Jim Madaffer, is currently waiting to hear back from the City Attorney Mike Aguirre’s office as to what action needs to be made to include the boardwalk in the ordinance.
The original ordinance, which bans smoking on beaches and parks, will take effect Aug. 11 and fine violators initial penalties of $250.
People smoking on the boardwalk will not be fined, though that may change in the coming months.
The ordinance is to be enforced by police and lifeguards while on patrol.
Hardy said Peters hopes to amend the ordinance and clear the confusion as soon as possible, hopefully sometime this fall.