Ordinance 2009-011 Prohibit Smoking in Parks
ORDINANCE NO. 2009-011
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. Authoritv. 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 ofthis 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 ofthe 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
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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 ~ay Of~, 2009.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LE~ITY iLl' I
this J- day of~, 2009.
::L{?;:Jiit:AJ
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
;;S~ ~ rJ~A
S. Scott Vandergnft, Mayor .
ADVERTISED~, 2009
READ FIRST TIME .~ r___1 O~ , 2009
RE SECOND T~PTED
,\ 1 , 2009
UND R AGENDA ITEM NO. \ L
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