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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-001Temp. Ord. #2517 . November 3, 2022 Page 1 of 7 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 Temp. Ord. #2517 November 3, 2022 • Page 2 of 7 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: [Remainder of the page intentionally left blank] 9 Temp. Ord. #2517 January 11, 2023 Page 3 of 7 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 Temp. Ord. #2517 January 11, 2023 Page 4 of 7 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 Temp. Ord. #2517 January 11, 2023 Page 5 of 7 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 Temp. Ord. #2517 January 11, 2023 Page 6 of 7 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. [ Remainder of the page intentionally left blank] Temp. Ord. #2517 January 11, 2023 Page 7 of 7 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