2011-012 Secondhand Smoke RESOLUTION NO. 2011-012
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
RELATING TO PUBLIC HEALTH; PROVIDING FINDINGS
OF FACT RELATING TO THE NEGATIVE HEALTH
IMPACTS OF SECONDHAND SMOKE ON PUBLIC
HEALTH; URGING THE CITIZENS OF OCOEE NOT TO
SMOKE IN PARKS AND OTHER PUBLIC PLACES WHERE
CHILDREN COMMONLY GATHER; URGING THE
FLORIDA LEGISLATURE TO SUPPORT MUNICPAL HOME
RULE POWER; PROVIDING FOR SEVERABILITY, REPEAL
OF CONFLICTING RESOLUTIONS, CORRECTION OF
SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE.
WHEREAS, according to the Centers for Disease Control and Prevention, United States
Department of Health and Human Services (hereinafter the "CDC "), tobacco use is the leading
preventable cause of disease, disability, and death in the United States; and
WHEREAS, the adverse health effects of cigarette smoking account for an estimated
443,000 deaths, or nearly one of every five deaths, each year in the United States; and
WHEREAS, more deaths are caused each year by tobacco use than by all deaths from
human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries,
suicides, and murders, combined; and
WHEREAS, smoking causes coronary heart disease, the leading cause of death in the
United States, lung cancer, leukemia, bladder cancer, cancer of the cervix, cancer of the
esophagus, kidney cancer, stomach cancer, cancer of the uterus, and other forms of cancer; and
WHEREAS, second -hand smoke causes lung cancer, heart disease, ear infections, and
respiratory illnesses, among other ailments, and is especially harmful to children; and
WHEREAS, second -hand smoke causes serious health problems for children, including
bronchitis, asthma, pneumonia, ear infections, and sudden infant death syndrome (SIDS); and
WHEREAS, an estimated 88 million nonsmoking Americans, including 54% of children
aged 3 to 11 years, are exposed to secondhand smoke, and as a result of this exposure, each year
an estimated 3,000 nonsmoking Americans die of lung cancer, more than 46,000 die of heart
disease, and as many as 300,000 children younger than 18 months suffer from lower respiratory
tract infections; and
WHEREAS, every year, an estimated 56,400 nonsmoking Americans die from heart
disease and lung cancer caused by secondhand smoke; and
WHEREAS, in 2002, the people of Florida amended the Florida Constitution to prohibit
tobacco smoking in enclosed indoor workplaces in order "to protect people from the health
hazards of second -hand tobacco smoke ...," (sec. 20, Art. X, Fla. Const..); and
WHEREAS, in 2003, the Florida Legislature amended the Florida Clean Indoor Air Act
(Part II, Ch. 386, Fla. Stat.) "to protect people from the health hazards of secondhand tobacco
smoke and to implement the Florida health initiative in s.20, Art. X of the State Constitution;" and
WHEREAS, in the 2011 session, the Florida Legislature amended the Florida Clean
Indoor Air Act to permit "school districts [to] further restrict smoking by persons on school district
property" (Ch. 2011 -108, Laws of Fla.); and
WHEREAS, the City Commission of the City of Ocoee, Florida, hereby finds and declares
that scientific evidence overwhelming and conclusively finds that secondhand smoke is a serious
risk to public health; and
WHEREAS, the Commission hereby finds and declares that the public health risks
associated with secondhand smoke are preventable; and
WHEREAS, the Commission hereby finds and declares that it is especially important to
protect children from secondhand smoke, and that because children often play in public parks,
these places are particularly vulnerable to the negative health impacts of secondhand smoke; and
WHEREAS, the Commission hereby finds and declares that children and others enjoying
public parks should enjoy the right to be free from exposure to secondhand smoke.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, AS FOLLOWS:
Section 1. Secondhand Smoke in Public Places. The Commission hereby urges all
persons of the City of Ocoee to consider the public health hazards associated with secondhand
smoke and to not smoke where children are playing and gathering.
Section 2. Home Rule. The Commission hereby urges the Florida Legislature to
support local home -rule power over City -owned property, especially public parks and other public
places where children play.
Section 3. Severability. If any provision of this resolution or its application to any
person or circumstance is held invalid, the invalidity does not affect other provisions or
applications of this resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this resolution are severable.
Section 4. Effective Date. This resolution shall take effect upon its adoption.
PASSED AND APPROVED by the City Commission of the City of Ocoee, Florida this 1� day
of ■t em .r, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
J . 0 .. _.
e" ' ikenberry, MC, City Cleri S. Scott Vandergrift, Mayo
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS O FORM ON (�oVe-rrllc e 16 2011.
this I c day of /V , 2011 UNDER AGENDA ITEM NO. t 1
FOLEY & LARDNER, LLP
B y :
City Attorney
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