HomeMy Public PortalAbout12-03 Smoke Free Zone 1st Reading: January 25, 2012
2°d Reading: February 22, 2012
Public Hearing: February 22, 2012
Adopted: February 22, 2012
Effective Date: February 23, 2012
Sponsored by: Vice-Mayor Johnson
ORDINANCE NO. 12- 03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA TO ADOPT A POLICY TO
MAKE THE CITY PARKS IN OPA-LOCKA SMOKE-FREE
ZONES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka desires to help model non-
smoking behavior to our children and youth, and to provide residents with a safe, smoke-free
environment; and
WHEREAS, secondhand smoke, even in open areas, can be damaging to the health of
children and adults, and is responsible for over 50,000 deaths among nonsmokers each year; and
WHEREAS, the City Commission of the City of Opa-locka desires to protect the
community, by creating a healthier and cleaner environment for the residents by adopting
Smoke-free policies in our Parks; and
WHEREAS, the City Commission of the City of Opa-locka desires that the Parks in the
City of Opa-locka, shall be designated as Smoke-Free Zones.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby adopts the
following policies to make the City Parks in Opa-locka Smoke-Free Zones.
Smoking prohibited in outdoor areas in the City Parks of Opa-locka
(a) It shall be unlawful for any person to smoke cigarettes, cigars, pipes or any other
smoking apparatus on playing fields and playgrounds, bleacher areas, dugouts,
around team seating areas, concession areas, spectator areas, restrooms, or any
other areas not specifically designated as a permitted smoking area within any
park owned and operated by the City of Opa-locka. All designated smoking areas
will be specifically demarcated by signs stating that "smoking is permitted in this
area."
(b) Upon an individual's first violation of this section, a City official or law
enforcement officer may issue a warning to any person in violation of the
provisions of this section. Any refusal by an individual to comply with this
section upon issuance of a warning may result in a notice to appear being issued
by a law enforcement officer for the violation and/or removal from the park. Upon
the first conviction of this violation, a court of competent jurisdiction may impose
a fine of twenty-five dollars ($25.00).
(c) Any subsequent conviction of a violation of this section may result in additional
fines and penalties, including court costs imposed by a court of competent
jurisdiction.
(d) This section shall not apply to any person smoking within a parking lot located in
a City park.
Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY. If any portion, section, phrase or clause of this
Ordinance is held invalid by a court of competent jurisdiction, such ruling shall not affect the
validity of the remainder of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of
Ordinances when the code is recodified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 22"d day of February, 2012.
RA T LOR
MAYOR
Attest to:
J(,.nna Flores
In erim City Clerk
Approved as to , •rm ail legal suf c cy:
I
d. ,
Jo• 1 4eler
•
♦' Atto ey
Moved by: VICE MAYOR JO NSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 4-0
Commissioner Holmes: OUT OF ROOM
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
7795955 vl
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