Because every time an enforcement official sees someone smoking, they have to stop and wait for him/her to finish the cigarette to see if he/she disposes of it properly. That's just not an efficient way to patrol the beach, so they haven't bothered to do it. The vast majority of people who smoke on the beach do litter their cigarette butts, as is the case with people who smoke while driving. They'd never throw an empty pack out the window, but don't see the butts the same way. Just the way it is. Yes there are loop-holes like you mentioned... what WB is going to do is seek for the General Assembly to grant WB the authority to extend the jurisdiction of the smoking ban so that people can't just go stand in the water and be able to smoke.
What they need to do is establish "smoking areas" near each access and have cigarette receptacles at the smoking areas. But they can't do that till 2 years after the law was passed since it was voted on as a referendum... has to stay in its original form for 2 years according to town by-laws.
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