HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-001Temp. Ord. #2517
. November 3, 2022
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2022-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AMENDING CHAPTER 15 OF
THE CITY CODE OF ORDINANCES, ENTITLED "PARKS
AND RECREATION", BY CREATING SECTION 15.90,
ENTITLED "SMOKING PROHIBITED IN PARKS";
PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS, PROVIDING FOR
CODIFICATION, PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
• government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, the Florida Legislature passed HB 105 during the 2022 legislative
session, referred to as the "Florida Clean Air Act"; and
WHEREAS, the purpose of HB 105 is to protect the public from the health hazards
associated with second-hand tobacco smoke; and
WHEREAS, HB 105 specifically authorizes municipalities, such as the City to
regulate and prohibit smoking within the boundaries of City parks; and
9 WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of
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Tamarac, Florida, public notice has been given of the time and place of the public hearing
regarding adoption of this Ordinance; and
WHEREAS, the Director of the Parks and Recreation department recommends the
adoption of this Ordinance to protect the users of the City's parks from the health hazards
associated with second-hand tobacco smoke; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the business owners, residents, and visitors of the City of Tamarac to amend
the Code of Ordinances of the City of Tamarac, Florida to prohibit smoking in City parks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing whereas clauses are true and correct and hereby •
adopted as the legislative and administrative findings of the City Commission and made
a specific part of this Ordinance; all exhibits attached hereto are incorporated herein and
made a specific part of this Ordinance.
Section 2. Article III of Chapter 15 of the Code of Ordinances of the City of
Tamarac, Florida entitled "Parks and Recreation", is hereby amended by adding a new
section to be numbered section 15-90, which said section shall read as follows:
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9
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Chapter 15 - PARKS AND RECREATION
ARTICLE III. - RULES AND REGULATIONS
Sec. 15-90. - Smoking prohibited in parks.
Smoking or holding lighted tobacco products, and use or
consumption of tobacco products, including the use of e-
cigarettes or vapes in parks under the control and
management of the city, is prohibited and unlawful. It is
prohibited and unlawful for any person to smoke or carry a
lighted cigar, cigarette cigarillo or pipe, or use any sparks,
flame match or fire -producing device normally used in
tobacco smoking or, to use or consume tobacco products,
including e-cigarettes or vapes, in any city park, under the
control and management of the city, except smoking of
unfiltered cigars is permitted.
Sec. 15-91. — Enforcement and Pena
(a) Any violation of this article may be prosecuted in
accordance with the provisions set out in section 1-3 and
Chapter 2 Article III Division 2 of the Code of Ordinances of
the City of Tamarac, Florida.
(b) This article may be enforced by any duly authorized law
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enforcement officer, city code enforcement officer or city
designated employee.
(c) The law enforcement officer, city code enforcement officer
or city employee is authorized and empowered to enforce all
activities regulated by this article to ensure compliance with
the provisions of this article. Any person who violates any
provision of this chapter, or of any regulation or guideline that
implements this chapter, shall be ordered immediately to stop
anv such violation.
(d) Any person found violating this article shall be subject to a
fine of up to two hundred fifty dollars ($250.00) per day for the
first occurrence, and five hundred dollars ($500.00) per day
for each additional occurrence, in accordance with division 2
of article III, of chapter 2, or the penalties in section 1-13 of
the Code of Ordinances of the City of Tamarac, Florida.
Alternatively, the code enforcement board or special
magistrate are authorized to impose a fine not to exceed one
thousand dollars ($1,000.00) per day for a first violation not
to exceed five thousand dollars ($5,000.00) per day for a
repeat violation, and up to fifteen thousand dollars
($15,000.00) per violation if the violation is found to be
irreparable or irreversible in nature. All penalties incurred
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because of a violation of this article shall continue to accrue
until such violations are cured and the costs of enforcement
may also be imposed on the violator.
(e) Nothing contained herein will prevent the city from taking
such other lawful action in any court of competent jurisdiction
as is necessary to prevent or remedy any refusal to comply
with or violation of this article. Such other lawful action will
include but will not be limited to, an equitable action for
injunctive relief or an action at law for damages.
Section 3. It is the intention of the City Commission that the provisions of this
Ordinance become and be made a part of the Code of Ordinances of the City of Tamarac,
Florida, and that Sections of this Ordinance may be renumbered or re -lettered and the word
"Ordinance" may be changed to "Section", "Article" or such other word or phrase to
accomplish such intention.
Section 4. All Ordinances or parts of Ordinances, and Resolutions or parts of
Resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. Any scrivener or typographical errors that do not affect intent may be
corrected with notice to, and the authorization of the City Attorney and City Manager without
further process.
Section 6. If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
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applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
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Section 7. This Ordinance shall become effective immediately upon its passage
and adoption.
PASSED, FIRST READING this I4r"day of D6<&Vt36-9 - 2022.
PASSED AND ADOPTED ON SECOND READING this �day of
2023.
ATTEST:
KIMBERLY DI LON, CIVIC
CITY CLERK
d, I �' "j-
MIdHELLE J. GOM Z
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR GOMEZ 3(5-3
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHTJR
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR GOMEZ
DIST 1: V/M BOLTON des_
DIST 2: COMM. WRIGHTJR 'Lv_'
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROV AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THIS C TAMARAC ONLY.
H OTTINOT
CI ATTORNEY
_ This Ordinance was filed in the Office of the City Clerk on this _,lday of,�;,,,,, 202-2