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HomeMy Public PortalAboutOrd 1966 REC Smoking Ban• '4•7°°4 1916 .°' • CLERK'S CERTIFICATE STATE OF FLORIDA COUNTY OF OKALOOSA CITY OF CRESTVIEW ) ss I, Maryanne Girard, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1966 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 8th day of April 2024, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 10th day of April 2024. (SEAL) Ms nne(Girar MMC, MA City Jerk City of Crestview Okaloosa County, Florida SEAL 'O 4.• 0! p0gnge��. 000 to File U 3681885 04/12/2024 01:01:28 PM Total Pages: 4 Fees: $35.50 JD Peacock II, Clerk of Circuit Court & Comptroller Okaloosa County, FL ORDINANCE 1966 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDING CHAPTER 58 OF THE CODE OF ORDINANCES TO PROHIBIT SMOKING WITHIN TWIN HILLS PARK AS AUTHORIZED BY CHAPTER 386.209 OF THE FLORIDA STATUTES; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Chapter 386.209 of the Florida Statutes formerly preempted the regulation of smoking to the State of Florida; and WHEREAS, Citizens that currently utilize outdoor recreational facilities within the City limits are subject to unhealthy secondhand smoke from inconsiderate smokers; and WHEREAS, a report by the United States Department of Health and Human Services, Surgeon General states that tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to 69 that are known to cause cancer, and exposure to secondhand smoke can cause numerous health problems and has been linked to cancer and other fatal diseases; and WHEREAS, the staff analysis published for House Bill (HB) 105 references studies from United Health Foundation, America's Health Rankings, the Centers for Disease Control and Prevention, and others regarding the impact that smoking has on the health of citizens; and WHEREAS, the Center of Disease Control states secondhand smoke is generally defined as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker; and WHEREAS, the reports referenced in the staff analysis for HB 105 further states that exposure to secondhand smoke can cause health problems and has been causally linked to cancer and other fatal diseases. Studies suggest that secondhand smoke in crowded outdoor areas can cause concentrations of air contaminants comparable to those caused by indoor smoking; and WHEREAS, state law prior to FY 2022-2023 prohibited cities and counties from establishing reasonable smoke -free zones or designated smoking areas so that citizens can enjoy recreational facilities without encountering dangerous secondhand smoke; and WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022, and was adopted by the Governor on June 24, 2022, becoming effective on July 1, 2022; and WHEREAS, the City Council determines a public health and safety need to prohibit smoking within certain areas within certain City parks. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1- AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, Section 386.209 of the Florida Statutes, and Section 2 of the City Charter. SECTION 2 — AMENDMENT OF CODE OF ORDINANCES SECTION 58-1— USE REGULATIONS. Section 58-1 of the City of Crestview shall be amended as follows: (18) Smoking in Twin Hills Park Prohibited. Smoking and/or the use of vapor- eenerating devices within the boundaries of Twin Hills Park is prohibited as authorized by Chapter 386.209, F.S., except for designated smoking areas posted by the City. Unfiltered cigars are exempt from this provision. SECTION 3 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 - EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 8th day of April 2024. Wage Approved by me this 8th day of April 2024. ATTEST: hitten, Mayor ard, City Clerk •e® ,�' OF L+ 'ii 'ei% • ("1,..e.. 0 riii . i 3IPage