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HomeMy WebLinkAboutItem 05 Approval to Consider Amending Section 124-8 through Section 124-11 of the Code of Ordinances City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 7, 2025 Item #: 5 Contact Name: Douglas Gaines Department Director: Mark Johnson Contact Number: Ext. 1503 City Manager: Craig Shadrix Subject: Approval to Consider Amending Section 124-8 through Section 124-11 of the Code of Ordinances for Smoking Prohibited in Portions of Recreational Property. (Parks and Leisure Services Deputy Director Gaines) Background Summary: The City was approached by the Tobacco Free Partnership of Orange County asking that they amend Chapter 124 of the Ocoee Code of Ordinances to address Vape and Vaping. Specifically, staff is addressing Section 124-8 through Section 124-11, Smoking Prohibited in Portions of Recreational Property. Staff has updated the definition of Recreational Property, added the definition of Vape or Vaping and added an exception for smoking of unfiltered cigars, which are exempt per Florida State Statute (386.209). Other cities in Central Florida have updated their ordinances to reflect vaping. The Tobacco Free Partnership stated that any updated signage can be paid for by them. Staff is asking for Commission approval to proceed to First and Second readings. Issue: Should the Honorable Mayor and City Commissioners approve proceeding to First and Second readings to amend Section 124-8 through Section 124-11 of Chapter 124 of the Ocoee Code of Ordinances addressing Vape and Vaping? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve proceeding to First and Second readings to amend Section 124-8 through Section 124-11 of Chapter 124 of the Ocoee Code of Ordinances addressing Vape and Vaping. Attachments: 1. Tobacco Free Ordinance Final Financial Impacts: None Type of Item: Consent 1 ORDINANCE NO. 2025 - ____ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ARTICLE II OF CHAPTER 124 OF THE OCOEE CODE OF ORDINANCES TO ESTABLISH SECTION 124-8 THROUGH SECTION 124-11, SMOKING PROHIBITED IN PORTIONS OF RECREATIONAL PROPERTY; PROVIDING FOR EXCEPTIONS AND ENFORCEMENT; AND PROVIDING FOR DEFINITIONS, CODIFICATION, INCONSISTENCY, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, § 386.209 of the Florida Statutes (2022) expressly authorizes municipalities to adopt and enforce restrictions as to smoking within the boundaries of any public parks that the municipality owns, and to further restrict smoking within the boundaries of public parks that are within the municipality’s jurisdiction but are owned by the county, unless such restriction conflicts with a county ordinance; and WHEREAS, despite the foregoing, § 386.209 of the Florida Statutes (2022) nonetheless preempts municipalities from further restricting unfiltered cigars beyond those restrictions established by state law; and WHEREAS, to the extent permitted by law, the City Commission of the City of Ocoee desires to restrict vaping and the smoking of tobacco at its parks within the City of Ocoee; and WHEREAS, the City Commission of the City of Ocoee finds that the provisions of this Ordinance are in the best interests of the citizens of and visitors to the City of Ocoee, and that such restrictions are necessary for the health, safety, and welfare of the citizens of and visitors to the City of Ocoee. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, AS FOLLOWS: 2 SECTION 1. Recitals. The foregoing recitals are true and correct, are adopted and incorporated herein, and constitute the legislative findings of the City Commission of the City of Ocoee. SECTION 2. Amendment. To the Code of Ordinances, City of Ocoee, Florida, is hereby added to Article II of Chapter 124 of the Ocoee Code of Ordinances and reads as follows (underlined language are additions; stricken through language are deletions; provisions not shown or that are not otherwise underlined or stricken are not being amended): ARTICLE II - Smoking Prohibited in Portions of Recreational Property [Adopted 4-7-2009 by Ord. No. 2009-111] • § 124-8. - Definitions. A. RECREATIONAL PROPERTY means and refers to all recreational parks and venues owned or otherwise operated by the City of Ocoee, including those facilities, structures, and buildings located thereupon, which include, but are not limited to: bleachers, seating, gymnasiums, stadiums, courts, fields, buildings, restrooms, parking lots, amphitheaters, pavilions, picnic areas, and playground areas. B. SMOKING means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. C. VAPE or VAPING means to inhale or exhale vapor produced by a vapor-generating electronic device or to possess a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of a vapor-generating electronic device. D. ORGANIZED YOUTH ACTIVITY means games, meetings, clinics and demonstrations on a regularly scheduled basis which are supervised and conducted by a coach or other qualified individual. • § 124-9. - Smoking or vaping prohibited. A. Smoking or vaping is prohibited, except for the smoking of unfiltered cigars, on the following portions of recreational property whenever an organized youth activity is taking place on 3 such recreational property: The portion of the recreational property which encompasses all athletic fields, spectator stands, concession areas, restroom areas, and walking or congregating areas associated with the foregoing. B. Except as otherwise provided in this subsection, smoking is prohibited on any portion of the following properties owned by the city: Jim Beech Recreation Center, Ocoee Family Aquatic Center, Ocoee Community Lakeshore Center, Tom Ison Veteran and Senior Center, and Vignetti Recreation Center. The Parks and Recreation Director shall designate one or more areas within the foregoing properties as "smoking areas" where smoking will be permitted. C. Smoking is prohibited within 30 feet of any occupied playground located on recreational property. D. The smoking prohibitions set forth above are not intended to apply to any properties which are not owned, managed or operated by the city. • § 124-10. - Posting of signs. The Parks and Recreation Director shall cause signs prohibiting smoking to be placed at the recreational properties as specified in this Article. Notwithstanding this provision, the presence or absence of such signs shall not be a defense to the violation of any provision of this Article. • § 124-11. - Penalties. A violation of this Article shall be deemed a non-criminal violation for which a civil penalty in the amount of $25 $50 shall be assessed. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, severed, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. Conflicting Ordinances. This ordinance prevails in the event of any inconsistency with all ordinances or parts of ordinances in conflict herewith. SECTION 5. Effective Date. This Ordinance shall become effective upon adoption. [Signatures to Follow] 4 PASSED AND ADOPTED this day of , 2025. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2025. FISHBACK DOMINICK By: Richard S. Geller City Attorney ADVERTISED , 2025 READ FIRST TIME , 2025. READ SECOND TIME AND ADOPTED , 2025. UNDER AGENDA ITEM NO.