Municipalities can still pursue outdoor bans

Publication Date: 2008-06-12

• Author:CHRIS ENGLISH
• Publication:Bucks County Courier Times

A proposed state smoking ban will not affect municipal laws against smoking at public parks, state Sen. Tommy Tomlinson, R-6, said.

That means such laws in Bensalem, Quakertown, Richland and New Hope can stand and will not be pre-empted, he added. Lower Makefield and Middletown, which are considering smoking bans at their township parks, can move forward with those plans, Tomlinson said.

"The state law does not speak to outside smoking prohibitions,"Tomlinson said. "If a municipality wants to ban smoking at its outside parks, it may continue that ban."

However, a municipality won't be able to change or pre-empt any part of the state law in regard to smoking indoors, he said.

Several Bucks County townships either have or are considering ordinances that would ban smoking at parks and other township properties.