To smoke or not to smoke has become more than a health decision as two local cities tread new territory with recent ordinances aimed at protecting the public.

The cities of Port Arthur and Nederland have approved ordinances restricting where a person can smoke while Groves and Port Neches have not addressed the issue.

 Restaurants, bars and private clubs

The City of Port Arthur made headlines in April when it joined 50-plus cities across the state and becoming a comprehensive smoke-free city.

Bar owners and managers of the establishments made their voice heard explaining how the new rule decreased their business by up to 50 percent and an amended version of the ordinance was adopted not long after.

Bars whose annual alcoholic sales comprised of 51 percent of total annual sales are now exempt from the rule.

“The main difference between the original ordinance and the amended ordinance is that if a facility has more than 51 percent of its annual sales from food it’s supposed to be smoke-free,” Port Arthur City Manager Brian McDougal said. “This is regulated by TABC (Texas Alcohol and Beverage Commission).”

In addition to smoking in bars, the ordinance allows one to light up in private clubs and fraternal organizations.

Nederland’s ordinance does not address smoking in eateries and the last time council talked about it was in 2007.

“We would appreciate any input from our business community, especially restaurants and from our citizens in regards to the issue,” Nederland City Manager Chris Duque said.

 Parks, pools and more

Both Port Arthur and Nederland include a ban on smoking in parks where there are playgrounds but with slightly different variations.

In Port Arthur, smoking is prohibited in outdoor public places such as outdoor arenas, stadiums and amphitheaters as well as within 25-feet of bleachers and grandstands used by spectators in reporting and other public events.

This could include the pavilion in downtown Port Arthur, according to the wording of the ordinance.

Also a no-no in Port Arthur is smoking within 25-feet of all outdoor playgrounds and within 25-feet of all outdoor public events. There is also a provision prohibiting smoking within 25 feet of outdoor service lines where the service is provided by bank tellers, parking lot attendants and toll takers. This would apply to using the drive-through to pay a water bill.

Nederland’s ordinance includes rules against smoking as well as using vaping, or electronic smoking devices, in city owned parks including Doornbos Park, Rienstra Family Park, Tex Ritter Historical Park, Carl “Cropo” LeBlanc Neighborhood Park and South Fifth Street Neighborhood Park during the following community events: Hooked on Fishing, Not on Drugs; Art in the Park; the Fourth of July Fireworks Show; Monsters in the Park; Christmas on the Avenue and any other event declared smoke-free by Nederland City Council.

Smoking and vaping is also not allowed at any city park within 10-feet of a playground area.

It remains illegal to smoke or vape at the city pool and recreation center as well.

Enforcement in both Port Arthur and Nederland will be on a complaint basis.

Groves and Port Neches

Neither Groves nor Port Neches leaders have moved to create ordinances aimed at smoking.

“Right now it doesn’t present a problem,” Groves City Manager D. Sosa said. “Our council is real practical. If it’s not a problem why create a problem.”

Groves also chooses to let businesses and restaurants make their own rules. Should an owner be worried about how smoking will negatively affect customers then that owner will not allow smoking but by the same token if customers are ok with smoking then the owner will likely be ok with smoking.

“That’s a decision the business owner needs to make,” he said.

Sosa said the city ahs not had any complaints about smoking in its parks.

Port Neches City Manager Andre Wimer said his city does not have a smoking ordinance.

“There have been no discussions about it in the past and haven’t been ant recent conversations about it either,” Wimer said.