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Carolina Beach passes beach smoking ban pending new state legislation

READ MORE: Carolina Beach passes beach smoking ban pending new state legislation
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CAROLINA BEACH, NC (WWAY) -- A smoking ban on the sand at Carolina Beach was approved Tuesday night, but with a few stipulations from town council.

According to the town's attorney, current state statute does not allow the town to outlaw smoking at the beach. Because the beach does not fall under the state's definition of public grounds, council cannot legally enforce a ban.

Council voted 4-1, passing a beach smoking ban with an effective date, pending a change in state law. Mayor Ray Rothrock was the only one not to vote in favor of the ordinance. Residents spoke out both for and against the ban during a public hearing.

“They can't enforce it so like I said it's a waste of time and I’m telling you right now the legislature in North Carolina is not going to pass this because they know it's going to be violating individual rights,” said Frederick Fisher, who lives in Carolina Beach.

“I think they did show us tonight that they are in support of smoke free beaches and that this ordinance that they passed will help reduce litter and smoke from our beach,” said Ethan Crouch, a member of the Surfrider Foundation. “So we're really excited.”

If the state ends up passing legislation that would allow the town to enforce a ban, it would be historic. Carolina Beach would be the first to ban smoking on a beach in North Carolina.

Also at Tuesday night’s meeting, town council was considering putting limitations on the number and sizes of patriotic and decorative flags allowed on properties.

In the end, council members decided the patriotic flags can stay. However, decorative flags will have new restrictions, only one being allowed every 50 feet instead of the old rule of every 25 feet.

Business owners were split on the decision. Some saying too many flags can serve as an advantage to businesses and others saying it is their right as an American to display flags as they please.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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IF THEY BAN SMOKING ON THE

IF THEY BAN SMOKING ON THE BEACH, DOES THAT MEAN YOU CAN'T WALK DOWN THE STREET SMOKING? HOW ABOUT ON YOUR PORCH? STUPID-STUPID-STUPID. GO THE LITTER ROUTE FIRST. I,M A NON SMOKER, BUT THIS IS INFRINGING ON PEOPLES RIGHTS, AND IT IS OUT IN THE OPEN. WHEN YOU NEED BEACH RENOURISHMENT, WHO DO YOU CALL ON AFTER THE CORP OF ENGINEERS? THE PUBLIC. GUESS YOU DON'T WANT TOURISTS AFTER ALL.

Smoking ban @ CB

How about try to enforce the litter law first. Have the cops walking the beach instead of driving their trucks & ticketing people they catch littering say $1000 for each offense & after that toss them in jail. Give the lifeguards authority to enforce the litter law & ticket people. The beaches & roadways are becoming increasingly littered lately, has anyone noticed, because no one is enforcing the litter laws. People toss trash including butts everyday all day long even when the police are around but no one does anything about it. When was the last time you heard of anyone getting fined for littering-none that I know of. Have the people who have to do community service go out & pick up trash everyday. Give them incentive to turn in litter bugs with taking an hour off their time. If kids get in trouble at school have them go out & pick up trash. Then they might think twice before littering like their parents do. I've been to smoke free beaches & I love how clean it is. Even the residents get involved with enforcing the ban

rights?

Glad to see the "butt" heads PO'd. Don't you love it when those who proclaim "individual rights" as long as 'THEY' can do WHAT 'THEY' WANT WHEN 'THEY' WANT no matter who or how it adversely affects those immediately around them. ol' Frede'reek' is in a rude awakening. Guessing they would have no problem if I took my cigar buddies over to the baby nursery and light up. I'm sure they wouldn't won't food inspection to stop...restaurants checked for sanitary standards.....speed limits through their neighborhoods. This "RIGHTS" argument is a bogus as big mouth idiot Joe Biden's rant that blacks will be put back in chains by republicans. You can't fix stupid. I commend you Ethan and the majority elected council in Carolina Beach. Also interesting the posters here labeling Surfriders as suspect. They have chapters all over the world...80 chapters worldwide. They are a local grassroots organization. Self described, We don't want to put a velvet rope around a beach and tell people to keep off. We're surfers, we're beach goers, we're watermen... we enjoy the coasts. We're a user group. You have been schooled reekers ~~~from a cigar smoking (love Vegas 5 Golds and Ashtons) right wing card carrying dittohead

This isn't about 2nd hand smoke...

...and any of you that believes it is can go join Al Gore with his made up global warming panic scenario. What this is, is about TRASH. It's about TRASHY cigarette butts, it's about the TRASHY paople that don't have enough common decency to properly throw away their butts. The same TRASHY people that flick their butts out of the car window. The same TRASHY people that leave kids broken toys on the beach, they leave food wrappers, cans, water bottles, broken chairs, kites and an endless list of TRASH for someone else to pick up.
You can make all of the laws you want, but TRASHY people don't change. TRASH is simply TRASH, just like those that improperly dispose of it!

water

Ok, so if they try to inforce a "so called" law everyone will just be standing in the water and smoking..

One small step for non-smokers .....

.... one giant step for government stupidity.

If they had no other business to attend to why didn't they just go home instead of passing an unenforceable smoking ban. They might just as well have stipulated that the ban will be enforced just as soon as it's discovered that the moon is actually made out of cheese.

Never quite saw the point in going out of one's way just to look like the village idiot(s). Oh well, at least they didn't re-institute CB's biggest monument to stupidity; the road diet.

Kudos to Ray Rothrock. He's

Kudos to Ray Rothrock. He's the only member of the Town Council that has any common sense. Shame on the other members for caving in to the Surfriders special interest group. Surfriders is an activist group based in Malibu California who actively target areas in the US to advance their agenda. The town government needs to get off their nanny state kick (remember the road diet?) and start paying attention to real issues.

NO TO BOOZE, TOO.

I THINK IT'S TIME TO BAN ALCOHOL ON THE BEACH, TOO.

No as think as you drunk I am....

Time to ban alcohol on the beach. Now that's funny. No one will know or care about the smoking ban either. It's not alcohol or tobacco it's people causing the problems... ban people from your beach.

It Is....

Alcohol IS illegal on the beach...It falls under open containers, it is just seldom if ever enforced...

It is usally only enforced if someone draws attention to themselves for acting stupid...

It is

Alcohol is already banned.

who is responsible?

If it is banned then the law should be upheld and enforced. Who is responsible for enforcement on the beach?

Yeah. Surfriders based in

Yeah. Surfriders based in Malibu California. The town council caved in to a special interest group from the west coast to infringe on the rights of North Carolina residents.

smoker`s ban

Surfriders you left the pop tops, fishing line and hooks, drink cups ,or trash on the beach to carry in butts in container. To save the beaches as the Gulls are chocking everything else lefted behind . Why To go .Carolina Beach has made the Statement That smokers are no longer welcome to thier beaches. SMOKERS HAVE THE SAME RIGHTS AS NON-SMOKERS.THIS IS A CRAZY ISSUE .SO,JUST BOOK YOUR VACATION SOMEWHERE ELSE. SMOKERS YOUR MONEY IS NO LONGER NEED ON CAROLINA BEACH.

Go smoke in your house, keep it off the beach.

The rule should be that a persons rights go right out the window once their behavior (in this case smoking) poses a health risk to others. If you want to go get cancer, be my guest, but do it in your home, not a beach where there are people that aren't interested in getting cancer. The littering problem is secondary in my book but is also solved with a smoking ban. Killing 2 birds with one stone is a wonderful thing....