PROVIDENCE, R.I. (AP) — Providence’s City Council has passed a smoking ban but failed to deliver enough votes to protect against a looming mayoral veto.

The council passed the proposal 8-5 Wednesday. The measure would ban tobacco products near Kennedy Plaza and Burnside Park.

However, Mayor Jorge Elorza’s office says the mayor will veto the ban. Ten councilors are needed to override a veto.

The ban is supported by a group of businessmen led by former Mayor Joseph Paolino.

Critics say it targets low-income people who spend time in Burnside Park and that police wouldn’t be able to enforce it.

The ordinance carries a warning for the first offense and a $50 fine for each subsequent infraction.

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