Ban on smoking with kids aboard passes Keyport becomes first town in state to adopt measure BY KAREN E. BOWES Staff Writer Hoping to create a ripple effect throughout the entire state, Keyport became the first municipality in New Jersey on April 24 to ban smoking in vehicles while minors are present. Only Councilman George Walling voted against the measure, which will fine motorists $75 for the violation. The violation will be a secondary offense, meaning police officers cannot pull a driver over for disobeying the ordinance alone. Walling believes the ban goes beyond the role of government. "I honestly think we're getting involved where we don't need to go," Walling said on Monday. "Next we'll be saying you can't smoke in your backyard because your neighbor has emphysema." Having lost his father to cancer when he was 14 years old, Walling said he fully comprehends the harmful effects of secondhand smoke. "I just feel we're getting involved where we don't really belong," Walling said. Jon Barone, a member of the Keyport Board of Health, initially proposed the ban. A former smoker himself, Barone gave a short presentation on the harmful effects of secondhand smoke, citing a recent report from the U.S. surgeon general. "We should take the initiative here and now, seize the moment, protect our children and set the example for the rest of New Jersey," Barone said. Afterward, Barone expressed elation over the outcome. "We're setting a precedent here and it's going to be felt statewide," Barone said. "I can't believe we did it." Mayor Robert Bergen said he was initially wary of the ban. "I'm not opposed to it, but I don't particularly support it one way or another," Bergen said after the meeting. Bergen, a municipal attorney by profession, said he is not worried that the ordinance will leave the borough open to more litigation. "I'm not afraid that we're going to get sued," Bergen said. "I am concerned that people may feel their civil rights are being violated. But we're confident that this ordinance will have some positive public policy effect." Councilman Joseph Sheridan said he hoped litigation would not become an issue. "That's a good question only because we're the first in New Jersey to do this," Sheridan said. "I would [hope] that not one person would be caught just because it's not a good idea to smoke with someone under 18. So this really should be on the books." Councilman Ezra Hill said getting sued is a risk he's willing to take. "It's a possibility, but I am for not smoking in vehicles with kids in the car," Hill said. The mayor said he was happy if the ban simply inspired people to think twice before smoking with children present. "I view it more as a noble public policy statement rather than an attempt to aggressively enforce traffic laws," Bergen said. He added, "I'm not looking forward to it being actively enforced through summonses and so forth."