Oshkosh may ban smoking in most city-run areas; includes parks, special events

Oshkosh Common Council has the final decision — it’ll likely decide at its next meeting on November 17.

“It is based on the community input,” said Chad Dallman, Oshkosh Parks Services and Events Manager.

City Manager Rebecca Grill and Council Member Joe Stephenson said they’ve received regular complaints about smoking in parks and other public places.

If Common Council approves this, it would prohibit:

1. Smoking in any city park
2. Smoking on the road next to a park
3. Smoking within 25 feet of any city-owned building
4. Smoking at or within 25 feet of any special event held on public property, like the Farmer’s Market

Opera House Square in downtown is among the city’s parks. A violation would result in a fine between $100-$250.

Ordinance proposed due to littering, secondhand smoke

“I certainly understand, there [are] different ways people use the parks,” said Council Member Brad Spanbauer, who’s also a member of the Oshkosh Parks Advisory Board. “But I think from just a litter creation perspective, and then just avoiding some of those adverse health effects, is pretty significant.”

The Parks Advisory Board unanimously approved the ordinance.

“Littering is a big part,” said Dallman. “If people could take care of those things, it would make a big difference.”

Timeline of events

1. October 13: Common Council discusses prohibiting smoking in these areas; no action
2. November 9: Parks Advisory Board makes recommendation to Common Council to prohibit smoking in these areas with a full written ordinance
3. November 17 (expected): Common Council will decide whether to prohibit smoking in these areas

Three of the seven council members voiced support for this ordinance during last month’s discussion

“I would like to see a citywide ordinance to ban smoking in parks,” said Deputy Mayor Karl Buelow on October 13.

• Buelow, Spanbauer and Stephenson all voiced support for a prohibition.
• Paul Esslinger vehemently opposed the measure, comparing it to banning EAA AirVenture because of the negative health effects of the airplane fumes: “I would put this in the silly category.”
• Alec Lefeber told me via text that he doesn’t “see a compelling reason for a blanket smoking ban in all city parks,” but that he would more open to an approach like banning it in specific areas of a park.
• Matt Mugerauer and Jacob Amos were noncommittal in the meeting and didn’t respond to my messages in time for publication.

Common Council needs four votes to pass the ordinance, so one of either Mugerauer and Amos needs to support it for it to pass.

Oshkosh would be strictest among nearby major cities

Cities’ current laws on smoking in parks:

• Green Bay: Smoking prohibited within 10 feet of shelters, pavilions; otherwise permitted
• Appleton: Smoking prohibited within 20 feet of playground; otherwise permitted
• Fond du Lac: Smoking permitted

All e-cigarettes would be subject to the same laws.

The existing prohibition of smoking on school property and at the Oshkosh Transit Center will continue regardless of how Common Council votes on this ordinance.