With its option for beach towns to carve out a smoking section, New Jersey's new law banning smoking on the sand could be a source of conflict.
It's got to be the ultimate conflict-avoidance move to have New Jersey's statewide ban on beach smoking start Wednesday -- when hardly anyone, smoker or non-smoker, is on New Jersey's beaches.
Except for those brave souls who raise charity funds by participating in polar-bear plunges throughout the South Jersey shore (a salute to all of them), the smoking ban realistically goes into effect around Memorial Day 2019. It's probably a good idea to have this four-month shakedown cruise.
In one sense, it's a shame that legislation is required where common courtesy should prevail. Those who smoke should always yield to those who are bothered by or otherwise affected by second-hand smoke. The beach isn't a confined space. Even without the new law, smokers could usually find spots where their puffing is minimally invasive to others.
But, then came the secondary arguments about butts (and now, empty vape liquid bottles) on the beach, fires on the boardwalk and other environmental degradation. Former Gov. Chis Christie vetoed a similar ban during his libertarian dress-up days when he had Republican presidential ambitions, but everyone knew it was just a matter of time before Democrat Gov. Phil Murphy signed a new version of the bill.
Now that the time is here, common courtesy should be the watchword as the ban rolls out this spring and summer. Christie stated that he vetoed the legislation because he thought smoking bans were best left to individual towns. Lo and behold, even the new law isn't crystal clear about when "no" means "no." An option remains for each municipality to carve out a portion of its beach where smoking (and vaping) will be permitted.
So, it'll still be a patchwork of where you can, and where you can't. Although the maximum set-aside is 15 percent of a town's beach, other criteria are fluid. Will towns allow smoking only on the least desirable section of a beach? Will they restrict it to only those spots where lifeguards are willing to submit themselves to a constant haze of tar and nicotine?
One thing is sure: Towns that surrender their right to end smoking on every square inch of beach should get their acts together soon. Set 2019 limits now, before shore home leases need to be signed in blood, and before smokers end up buying seasonal beach tags in towns where they're not welcome. Allow time for the state to promulgate a master list. Although your favorite New Jersey-centric website will probably do that anyway, it's not really nj.com's job.
Another question is enforcement. Expect smoking control to fall into the same category as alcohol control on beaches: inconsistent and occasionally contentious. (Cut to those videos of Wildwood cops and a 20-year-old Philadelphia woman mixing it up over an underage-drinking case last year.) Some shore police departments will say they have more important things to do during the high season; few will hire additional staff to keep beaches smoke-free. But if you do get caught, remember that the penalty is $250 for a first offense, $500 for a second one, and $1,000 for each subsequent offense.
"The beach is not an ashtray," state Senate President Stephen Sweeney, a co-sponsor of the new law, proclaimed when Murphy signed it last June. As long as a smoking ban isn't absolute or permanent on every beach in every town, Sweeney, D-Gloucester, is about half right. Our beaches will indeed be cleaner with the new law. However, there's still a need for beachgoers to be civil, and to try to resolve any smoking disputes peacefully among themselves.
Send a letter to the editor of South Jersey Times at sjletters@njadvancemedia.com
Bookmark NJ.com/Opinion. Follow on Twitter @NJ_Opinion and find NJ.com Opinion on Facebook.