HomeMy Public PortalAboutORD 282-10-22_Tobacco Free Parks_10182022Insl~umenl ~ 1735035
Bonneville County~ Idaho Falls, Idaho
10/20/2022 10 :38:~9 AM No. of Pages: 5
Recorded for : CITY OF IONA ~ Penny Manning Fee : $0.00
Ex-Officio Recorder Deputy
Index to : ORDINANCE --------------------------
ORDINANCE NO. 282-10-22
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
REPEALING AND REENACTING CHAPTER 1 IN TITLE 8 OF
THE IONA CITY CODE, RELATING TO REGULATION OF
CITY PARKS AND PROPERTY; PRESERVING PRIOR
ORDINANCES IN EACH INSTANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Repeal of Chapter 1 in Title 8 of the Iona City Code. Chapter 1 of Title 8
of the Iona City Code of the City of Iona, Idaho, is hereby repealed.
Section 2. Reenactment of Chapter 1 in Title 8 of the Iona City Code. Chapter 1 of
Title 8 of the Iona City Code of the City oflona, Idaho, is reenacted in a form set forth in Exhibit A
attached hereto and incorporated herein by reference.
Section 3. Preservation of Prior Ordinance. The sections of the Iona City Code
repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the
arrest, prosecution, punishment, and indebtedness of any person who violates such provisions
prior to the effective date hereof.
Section 4. Severability. The sections and subsections of this Ordinance are severable .
The invalidity of any section or subsection shall not affect the validity of the remaining sections or
subsections.
Section 5. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this \'6~ay of
~dct)X)gy· , 2022 .
ATTEST :
Keri West
City ·CJ erk"'·•,,,, .. ,, u ... / ,,
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STATE .OF·-IDAHO )
)ss.
County of Bonneville )
Dan Gubler
Mayor
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
"AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING AND REENACTING
CHAPTER 1 IN TITLE 8 OF THE IONA CITY CODE, RELATING TO REGULATION OF
CITY PARKS AND PROPERTY; PRESERVING PRIOR ORDINANCES IN EACH
INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE."
Keri West
City Clerk
G:\WPD ATAIDARI_I Pe ndin g\2708-2 022 Cily of lona\ORDI NANCES\Park Regulations O RD vO l .docx
EXHIBIT A
CHAPTER! Parks and City Property
SECTION:
8-1-1: Definitions
8-1-2: Control of Pets
8-1-3: No Alcoholic Beverages Allowed
8-1-4: No Tobacco Products Allowed
8-1-5: Operation of Motor Vehicles
8-1-6: Commercial Activities in Parks
8-1-7: Park Grounds
8-1-8: Park Hours
8-1-9: Penalties
8-1-1: DEFINITIONS.
(A) Certain terms used in this Chapter shall have the meanings ascribed below.
(1) DESIGNATED AREA:
(2) PUBLIC PARK:
(3) PUBLIC PROPERTY:
(4) PUBLIC WAY:
A specific location within public property
that is delineated in its size/shape and
designated by the City with signage
specifically indicating that the use of
tobacco products is allowed within the
location.
Public property that is intended to be used
for the enjoyment of the public and
including facilities and/or infrastructure to
facilitate rest and/or recreation, and
including trails that are only for
pedestrians ( and exclude motor vehicles).
All real property owned by the City, except
any public way.
A strip of land, being the entire width
(5) TOBACCO PRODUCT:
between the boundary lines (i .e., measured
from property line to property line),
occupied or intended to be occupied by a
road, alley, sidewalk, railroad, public
utility, or public access easement, other
than a public park.
Any (a) substance containing tobacco leaf
(including, but not limited to, cigarettes,
cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco ,
blunts, clove cigarettes, or any other
preparation of tobacco); (b) product or
device used to inhale or facilitate the
inhalation of vapor or aerosol (including,
but not limited to , electronic cigarettes or
e-cigarettes, vaping pens, e-liquids, and
vape cartridges); and/or (c) any product or
formulation of matter containing
biologically active amounts of nicotine
that is manufactured, sold, offered for sale,
or otherwise distributed with the
expectation that the product or matter will
be introduced into the human body by
inhalation. However, "tobacco product"
specifically excludes any cessation product
specifically approved by the U.S. Food and
Drug Administration for use in treating
nicotine or tobacco dependence.
8-1-2: CONTROL OF PETS . Pet owners shall be responsible for their pets in all public
parks and must keep their pets under control, including (but not limited to) keeping pets on a leash
at all times while in a public park. Pet owners shall clean up after, remove , and properly dispose
of any waste left by their pets in all public parks . Further, all pets in public parks are also subject
to Chapters 3 and 4 of Title 5 of this Code (regarding the treatment of Animals and Dog Control).
8-1-3 : NO ALCOHOLIC BEVERAGES ALLOWED . No person shall sell, offer for
sale, consume, or open any alcoholic beverage in any public park; nor shall any person possess any
open container of any alcoholic bev erage in any public park. Provided, however, that the City
may, by resolution or other written agreement, allow alcoholic beverages to be sold, consumed,
and possessed in a specific public park for specific dates and times in association with an approved
event.
8-1-4: NO TOBACCO PRODUCTS ALLOWED. No person shall sell, offer for sale,
consume, or open any tobacco product on public property outside of a designated area. Provided,
however, that the City may, by resolution or other written agreement, allow tobacco products to be
sold, consumed, and possessed in a specific public park or other specified portion of public
property for specific dates and times in association with an approved event.
8-1-5: OPERATION OF MOTOR VEHICLES. No person shall operate any
motorized vehicle within any public park without the express written consent of the Mayor.
Notwithstanding the foregoing, employees , contractors, or agents of the City may reasonably and
safely operate a motorized vehicle owned by the City for City business (including ma~ntenance)
within any public park.
8-1-6: COMMERCIAL ACTIVITIES IN PARKS. No person shall sell or offer for
sale any good or service within a public park, nor shall any person operate or cause to be operated
any amusement ride, device, mechanical or electronic game or machine, show, or exhibit of any
kind in any public park. Provided, however, that the City may, by resolution or other written
agreement, allow certain commercial activities in a specific public park for specific dates and
times in association with an approved event.
8-1-7: PARK GROUNDS.
(A) Planting or Removal of Plants. No trees, shrubs, vines, or other plants shall be planted
in any public park without the consent of the City. No trees, shrubs, vines, or other plants
shall be cut down or removed from any public park without the consent of the City.
(B) Damage to Park Grounds. No person shall damage , harm, or deface any City property
in any public park. Further, no person shall dig or excavate in any public park without the
consent of the City.
8-1-8: PARK HOURS. All public parks shall be closed daily from 12:00 a.m. to
5:00 a.m. All persons in any public park during any park closure without the express written
consent of the Mayor shall be considered trespassers.
8-1-9: PENALTIES. A violation of any provision of this Chapter shall be an infraction.