It’s illegal to use tobacco in parks in the City of Warren.

That’s not a new regulation.

But when that prohibition was enacted, a corresponding consequence wasn’t set. That penalty was set this week by Warren City Council.

Police Chief Joe Sproveri said that the code as it was “is essentially unenforceable”

“Under this ordinance, there is a long list of things you cannot do in a city park and recreation area,” he said. “One of them is smoking tobacco products.”

He told council that “99.99%” of the time “this would result in a warning. Every once in a while, we might have to get six, seven, eight warnings.”

To take the next step and file a citation, though, would leave the district judge few options as no fine was associated with the subsection.

He proposed incorporating the same penalty structure – a sliding fine scale – that is already in place for the other park restrictions.

According to the code, that enacted a fine of between $25 and no more than $1,000 with the district judge to have discretion in that range.

Councilwoman Wendy McCain asked if the city would “ever entertain banning smoking in our downtown section.”

Sproveri said he’s seen municipalities that are moving to ban marijuana and include tobacco.

“I think that might be possible,” he said.

Council took no further action on that issue on Monday.