Special Reports

9 Investigates: No tickets for smoking ban violations

CHARLOTTE, N.C. — How well is Mecklenburg County's smoking ban working?

The county's more than 200 parks and greenways are as popular as ever, but along with the running, walking and playing, Channel 9 found people still smoking -- even though it was banned in March.

RESOURCES: Mecklenburg County's new anti-smoking ordinance

On the greenway along Kings Drive, Eyewitness News watched one woman relaxing on a bench, lighting up one cigarette after another.

"I'm not going to run across the street," the woman, who declined to give her name, told Channel 9. She admitted that she knew she was violating of the county ordinance.

It was a blatant violation of the county's new anti-smoking ordinance, which declares the greenways and most other county parks "tobacco free."

Kiara Pratt, whom Channel 9 found sitting on a park bench, said she still sees people smoking.

"When I do come here, they're usually smoking," Pratt said.

As clear-cut as the county's anti-smoking ordinance is, enforcement remains a challenge. While Park and Recreation leaders say 90 percent of park patrons are complying with the no-smoking rule, they admit that they have limited options for dealing with those who don't.

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The ordinance includes a provision for a $25 fine for violations, but sworn police officers are the only ones who can issue a citation, and so far, that hasn't happened.

  • Click "PLAY" below to hear Mecklenburg County Park and Recreation Assistant Director Michael Kirschman on enforcement:

Mecklenburg County Park and Rec’s deputy director Michael Kirschman said the ordinance is primarily focused on voluntary compliance.

"Certainly, it's 99 percent hoping people will comply," Kirschman said. "The little 1 percent that never likes to comply, it's always a challenge."

Compliance also depends on people knowing about the ordinance. The county has placed signs on many of its vehicles to advertise the county's tobacco-free policy, and hundreds of signs are placed around parks and greenways, yet many people still aren't aware of the ban.

RESOURCES: Mecklenburg County Tobacco and Smoking Regulations Frequently Asked Questions

Channel 9 spoke with a park visitor, Sara Williams, as she pushed a stroller past one of the signs, but barely noticed it.

"I honestly didn't even know they had the ordinance," she said.

That lack of awareness is part of the problem. Moments after speaking to Williams, Eyewitness News approached two men sitting on a bench smoking. Neither said they had noticed the sign within eyesight of their location. Both, however, said they were glad to comply once they knew about the no-smoking rule.

"I'm fine with that," Mo Delacruz said. "I will not smoke here, I guess."

Sitting next to him, Dennis Howson said, "I’ve got a cigarette now, but I'm fixing to put it out."

The ban is mostly about educating park patrons, Park Ranger Brad Griffiths said. He said most people are willing to comply when he asks them to stop smoking, and just a few use "colorful" language in response.

  • Click "PLAY" below to hear Mecklenburg County Park Ranger Brad Griffiths on enforcing the non-smoking ban:

Mecklenburg County Health Director Dr. Marcus Plescia said some people will always ignore rules, regardless of what they are.

"A lot of this is ultimately focused on kids. We want to really break that cycle where the kids think it's cool to smoke," he said.

Plescia said he is pleased that most people are following the new rules, but clearly challenges remain for those who won't.

Said one woman smoking on a park bench: "I'm gonna do what I'm gonna do."

Click here to read more about Mecklenburg County's health ranking.

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