Jun 18, 2025
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Commissioners approve smoking, vaping, bans at county beaches & parks

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Commissioner Brian Hamman, Lee County District 2, introduced the ordinance.

The Lee County Board of County Commissioners voted 4-0 on Tuesday to approve amending an existing ordinance which will ban smoking and vaping at county beaches and parks immediately.

The ban would extend to county-owned parks on Fort Myers Beach which includes Bowditch Point Regional Park, Crescent Beach Family Park and Lynn Hall Memorial Park.

The ban includes all cigarettes, vaping, or other electronic smoking devices.

Lee County District 2 Commissioner Brian Hamman, whose district covers Cape Coral, introduced the ordinance.

“Our parks and beaches are special places where families, residents and visitors come to relax and enjoy our beautiful surroundings,” Hamman told the Fort Myers Beach Observer.

“We want to keep them clean, safe, and enjoyable for everyone which is why we’re looking at banning smoking and vaping in these public spaces,” he said in an email. “This ordinance reflects our commitment to working towards a cleaner, healthier Lee County.”

The amendment to the ordinance cited a 2019 state statute passed by the state legislature which gives local governments the ability to prohibit smoking and vaping at all county parks and public beaches. Unfiltered cigars are exempt under the statute.

The ordinance will be enforced by Lee County Parks & Recreation.

Fines for violators would be $100 for a first offense, $200 for a second offense and $300 for a third.

Lee County Commissioners heard from representatives from Tobacco Free Lee, Lee Health and Lee County School District students who supported the ordinance before voting to approve the ban. Speakers spoke of the dangers from second-hand smoke which they said includes health risks to the public. Speakers also cited litter from cigarettes as a reason to ban them at county beaches and parks.

One student, who said he has asthma, said he instinctually “holds my breath” when he passes smokers at the beach.

Another Lee County student said keeping public spaces free of smoke was important to allow beachgoers to breathe fresh air and avoid toxic smoke and vaping aerosol.

Joining Hamman in voting in favor of the smoking ban was Chairman Kevin Ruane, Commissioner Mike Greenwell and and Commissioner David Mulicka.



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