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Home My WebLink AboutItem #12 Approval of Ordinance Adopting a New Article II of chapter 124, Smoking Prohibited in Portions of Recreational Property l center of GOOd LJ ~~ AGENDA ITEM COVER SHEET Meeting Date: March 17, 2009 Item # -' 1- Contact Name: Contact Number: Jeffrey Hayes 407 -905-3180 Reviewed By: Department Director: City Manager: Subject: An ordinance of the City of Ocoee, Florida adopting a new A icle II of Chapter 124 of the Code of Ordinances of the City of Ocoee entitled, Smoking Prohibited in Portions of Recreational Property. Background Summary: In December of 2008 the City Commission discussed the need to regulate smoking on and around recreational facilities in city parks. The Parks and Recreation Department was tasked to develop an ordinance to address the problem of individuals smoking around athletic fields during youth activities. Park and Recreation staff researched what other communities in the State of Florida have done in terms of developing ordinances that regulate smoking in parks and recreation areas, and found that several cities and counties in Florida have taken measures to protect their residents from secondhand smoke exposure by adopting ordinances that restrict smoking in outdoor areas, including recreation areas used by youth organizations, and other places where people congregate. Cities, villages and towns in the State of Florida that have adopted ordinances that prohibit smoking in parks to varying degrees include: Apopka, Chipley, Coral Gables, Dania Beach, Deland, Holly Hill, Marco Island, Miami Lakes, Newberry, North Port, Ormond Beach, Oviedo, Palm Coast, Palm Springs, Parkland, Port Orange, Port St. Joe, Sanibel, Seawall Point, St. Cloud, Sunrise, Tavares, and Venice. In addition to these cities there are several counties that have developed ordinances to prohibit smoking around recreational facilities, these include; Brevard, Hendry, Hillsborough, Nassau and Sarasota. In further researching this issue Park and Recreation staff have found that in the past two decades there has been a substantial amount of research devoted to the affects of secondhand smoke, and it has been determined that secondhand smoke is harmful to individuals, especially for children. In the 1986 U.S. Surgeon General's Report, "The Health Consequences of Involuntary Smoking", one of the major conclusions was that involuntary smoking caused lung cancer in lifetime nonsmoking adults and was associated with adverse effects on respiratory health in children. The major conclusions of that report led then Surgeon General, C. Everett Koop to state in his preface to the report that "the right of smokers to smoke ends where their behavior affects the health and well-being of others, furthermore, it is the smokers' responsibility to ensure that they do not expose nonsmokers to the potential harmful effects of tobacco smoke" (USDHHS 1986, p. xii). Following the 1986 U.S. Surgeon General's Report, the U.S. Environmental Protection Agency (EPA) in 1992 classified secondhand smoke as a group A carcinogen, namely, the most dangerous class of carcinogen. In addition to these two reports there have been several other reports, including a more recent report regarding the effects of secondhand smoke in the 2006 U.S. Surgeon General's Report, "Children and Secondhand Smoke Exposure", which concluded: 1. Secondhand smoke causes premature death and disease in children and in adults who do not smoke. (USDHHS 2006, p. 11) 2. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problem, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children. (USDHHS 2006, p. 11) 3. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and l cause coronary heart disease and lung cancer. (USDHHS 2006, p. 11) 4. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. (USDHHS 2006, p. 11) These conclusions have led the Secretary of Health and Human Services, Michael O. Leavitt, to state in his message to the report that "People are exposed to secondhand smoke at home, in the workplace, and in other public places such as bars, restaurants, and recreation venues. It is harmful and hazardous to the health of the general public and particularly dangerous to children" (USDHHS 2006). In addition to this, Dr. Richard Carmona, U.S. Surgeon General, notes in his preface to this report, ".. . exposure to secondhand smoke remains an alarming public health hazard" (USDHHS 2006, p. iii). Currently, the City does not have an ordinance or resolution that would prohibit the use of tobacco products in an outdoor public place such as a recreational facility or park. Therefore, staff has developed an ordinance that is intended to prohibit the use of tobacco products: 1) on and around athletic facilities when these facilities are in use by youth leagues for games, practices, clinics or the like; 2) on and around specific recreation facilities that include the Jim Beech Recreation Center, Ocoee Family Aquatic Center, Ocoee Community Center, Tom Ison Veteran and Senior Center, Vignetti Recreation Center; and 3) within thirty (30) feet of any occupied playground. This ordinance would provide for a penalty with a maximum fine for smoking of $25. This ordinance is being introduced for its second reading. Issue: Should the honorable Mayor and City Commission approve and adopt the new Article II of Chapter 124 of the Code of Ordinance of the City of Ocoee entitled, Smoking Prohibited in Portions of Recreational Property, Recommendations Staff recommends the adoption of the new Article II of Chapter 124 of the Code of Ordinance of the City of Ocoee entitled, Smoking Prohibited in Portions of Recreational Property. Attachments: Smoking Prohibited in Portions of Recreational Property Ordinance. Financial Impact: There is no fiscal impact by this action, Type of Item: (please mark with an "x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: Consent Agenda Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW ARTICLE II OF CHAPTER 124 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE ENTITLED, SMOKING PROHIBITED IN PORTIONS OF RECREATIONAL PROPERTY; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CIRCUMSTANCES UNDER WHICH SMOKING IS PROHIBITED ON RECREATIONAL PROPERTY OF THE CITY; PROVIDING FOR THE POSTING OF SIGNS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. A new Article II of Chapter 124 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: ARTICLE II SMOKING PROHIBITED IN PORTIONS OF RECREATIONAL PROPERTY Section 124-8. Definitions. A. "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. B. "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. Section 124-9. Smoking Prohibited. A. Smoking is prohibited on the following portions of recreational property whenever an organized youth activity is taking place on 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 Center, Tom Ison Veteran and Senior Center, and Vignetti Recreation Center. The Parks and Recreation Director shall designate one (1) or more areas within the foregoing properties as "smoking areas" where smoking will be permitted. C. Smoking is prohibited within thirty (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. Section 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. Section 124-11. Penalties. A violation of this Article shall be deemed a non-criminal violation for which a civil penalty in the amount of $25.00 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, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City -2- Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2009 READ FIRST TIME , 2009 READ SECOND TIME AND ADOPTED , 2009 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2009. FOLEY & LARDNERLLP{ By: City Attorney -3- J Copy of Public Hearing Advertisement Date Published . E2 Orlando Sentinel THURSDAY, MARCH 26. 2009 Advertisement 'P-:':; Public Hearing Notices CIly' Of ociJEE '; PUBLIC "WIG , A P.~lic "".rin.. before the I 0_1 CItY ea.IIiiIiOR' will be , held' filesdoY. April' T. 2009. I at 7:15 p,m., or os soan l~e~~~f1e~~~~ra~ ~~g~~ bers of City Hall at 150 ( North Lakeshare Driye. ?t.~~h;r~?~~,;~~an~lp~r. I f a pers'iln deddes to 'oj>- , pefll any decision' made bY ~i~~a~:"Cpra ~crv'm~~ ' f~~~I~rt~n~Jughre~r'Jn~! " I the praceedin9,s, and: f!lr" such purpose tney maY need to ensllre that 0 verba- l~~s r~c~g~~:~ccr=d includes the testimony and evidelice upan which the ap- peal Is to be bC!sect: AI~ Interestedpartlesore'ln- 'vited to attend and.be heord wllh respect to, the abQve. .j n accordance wllh the A. ' 'flierlcans:wllh Disabilities Act. persons needinv 0 spe. cial accommodation or an interpretelt to, participate in 'this pr~eedll1ll s(\aulcj ,cqn. till;t the Cn>rtliJtlk's alllce at 407-905-3105. alleost two days prJor to.Jfle date of heor,jnV.. . ..... " Beth Eikenberry City Clerk . OL5!559?5,- , 3I2Ml9 ; ,. 'of