The URL can be used to link to this page

Home My WebLink AboutItem 13 Second Reading of Ordinance Amending Section 124-8 through Section 124-11 of the Code of Ordinances for SmokingMeeting Date: November 18'2O25 Contact Name: Douglas Gaines Department Director: Mark Johnson Background Summary: The First Reading of the Ordinance was held at the October 21, 2025, City Commission Meeting. The City was approached bvthe Tobacco Free Partnership of Orange County asking that we amend Chapter 124 of the Ocoee Code ofOrdinances t0address V8peand V8ping.Specifically, staff iSaddressing 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 ciQona, which are exempt per Florida State Statute (380.209). Other cities in Central Florida have updated their ordinances to reflect vaping. The Tobacco Free Partnership stated that any updated SiQD@Qecan bepaid for bythem. Issue: Should the Honorable Mayor and City Commissioners approve an ordinance amending Section 124-8 through Section 124-11ofChapter 124ofthe Code ofOrdinances addressing \/apeand \/apinginPortions of Recreational Property? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve Gnordinance amending Section 124-8 through Section 124-11 of Chapter 124 of the Code of Ordinances addressing Vape and Vaping in Portions ofRecreational Property. Attachments: Financial Impacts: None Type of Item: Second Reading Public Hearing Page 207 of 356 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 AND VAPING 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: 7 Page 208 of 356 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): r REM='_ .` . A. RECREATIONAL PROPE 'ry meansand refers t all recre Lion LpArks and venues o jj��d or otherwise operated y the City of Ocoee, includin those facilities, stri ctures, and buildim- locpated the reuLon,.. which include but are not limited to; bleachers seat' in � n�nasia.ams ____.. stadiums courts fields buildh =s restroorn pArking lots am hitheaters avilions ic,n c; areas and liy:raa,nd areas... are . B. SMOKING means inhaling, exhaling, bunging, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. C. PE or V PING means to inhale or ex ale oduced by a_mmgeqrat electronic device or to Possess a NTa or- enerating, electronic device while that device as... actively _ t2y g_an electronic. a the ical oa aaamecha nical means deSi ne ). to ,_. rode ce va xor or aerosol fro nicotine product or an other substance. The terni does not include the mere pss ssion ofcaa_vgL)q-g,�nercnti ctron c 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. prohibited,A. Smoking �Lr_Kqpjng is portions of recreational property whenever an organized youth activity is taking place on Page 209 of 356 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. t IM B. Except as otherwise provided in this subsection, smoking is prohibited on any portion of Ll • properties owned by the city: Jim Beech Recreation Center, Ocoee Family Aquat Center, Ocoee (;om*iwH+y Lakesbore Center, Tom Ison Veteran and Senior Center, a L Vignetti Recreation Center. The Parks and Recreation Director shall designate one or mo 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. X M_ 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. 0 § 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] 3 Page 210 of 356 PASSED AND ADOPTED this _day of 2025. Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2025. FISHBACK DOMINICK IN Richard S. Geller City Attorney El APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED 52025 READ FIRST TIME 2025. READ SECOND TIME AND ADOPTED .2025. LIJ kj 10] a *&VAX Page 211 of 356