Ban on smoking in vehicles carrying minors now in effect

BANGOR – City police began on Friday to look out for violators of a controversial new city ordinance that bans smoking in vehicles if minors are present.

The new law, which took effect at midnight and has inspired a spirited debate within the city, also has drawn interest from around the nation.

The smoking ban applies to any vehicle on a public roadway within the city limits; violators may face a $50 fine.

Police Chief Don Winslow said police officers are actively watching for violators. But at least for the first few weeks the ordinance is in effect, they won’t be handing out many tickets.

“The message to my crews is that we should consider this an educational opportunity. We’re not out to see how many summonses we can write,” he said. Repeat offenders are more likely to be fined than first-timers, he said, but police may issue warnings or tickets at their discretion.

The ban is considered a primary offense, which means that police may pull a vehicle over solely on the grounds of seeing either the driver or a passenger smoking if a minor is present.

Though similar bans have been passed statewide in Louisiana and Arkansas, Bangor is believed to be the first city to pass such a smoking ordinance. The City Council’s 6-3 vote on Jan. 8 has drawn both praise and criticism. Public health officials, medical providers, the city’s Chamber of Commerce and many residents have endorsed it, while other residents protest it as government intrusion.

But like it or not, Bangor’s ban has attracted interest from around the country. A news story appeared in Friday’s New York Times, and articles from the Bangor Daily News have been picked up in The Boston Globe, The Washington Post, the Las Vegas Sun, the Seattle Post-Intelligencer and other national newspapers. Conservative radio hosts Rush Limbaugh and Howie Carr have kicked it around on air, and an online Google search turns up hundreds of links.

Friday afternoon, a news crew from the national NBC network was in Bangor to interview residents and officials about the ban; the story is expected to be featured this morning on the “Today” show and again Saturday evening on the “NBC Nightly News.”

Bangor pediatric dentist and public health advocate Jonathan Shenkin, who spearheaded the proposal, said Friday that he was caught off guard by the widespread publicity. Noting that a number of other municipalities and states are considering similar legislation, Shenkin said people pay attention to what happens in Maine.

“This shows the truth to the saying, ‘As Maine goes, so goes the nation,'” he said. He said he welcomes the debate about privacy and even any legal challenges that may arise. “This is not an issue of privacy or civil liberties,” he said. “People do not have the right to harm their children. Other children across the nation will benefit because of what Bangor has done.”