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Home My Public Portal AboutORD-CC-2011-12CITY OF MOAB ORDINANCE # 2011-12 AN ORDINANCE AMENDING TITLE 12. STREETS, SIDEWALKS AND PUBLIC PLACES, AND MORE SPECIFICALLY, CHAPTER 12.20, PUBLIC PARKS DESIGNATING CITY PARKS AS SMOKE FREE. WHEREAS, the purposes of this regulation are to protect the public health, safety and general welfare by prohibiting smoking in outdoor public places; and, WHEREAS, the purposes of this regulation are to protect the public and the environment from tobacco related litter and pollution; and, WHEREAS, the purposes of this regulation are to recognize the right of residents and visitors to the City to be free from unwelcome Secondhand Smoke and affirm a family -friendly atmosphere in the City's public places; and, WHEREAS, these vehicles often remain for extended periods of time and are moved only when a complaint is registered; and, WHEREAS, the purposes of this regulation are to reduce the potential for children to associate smoking with a healthy lifestyle; and, WHEREAS, Municipalities are required to comply with the following applicable laws and regulations as follows: 1. Utah Indoor Clean Air Act 23-38-1 to 9 2. Utah Indoor Clean Air Act Rule 392-510-1 to 16 3. Utah Secondhand Smoke Amendments 57-8-16-7(b) and 57-22-5-1(h) 4. Utah Code for Local Health Authorities 26A-1-121 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB that Moab Municipal Code Chapter 12.20 be amended with the adoption of the following new language: Sections: Chapter 12.20 PUBLIC PARKS Article I Closing Hours 12.20.050 Definitions 12.20.010 Designated --Erection of signs. 12.20.020 Permit for extension --Exceptions. 12.20.030 Violation --Penalty. 12.20.050 Creation of Smoke -Free Outdoor Public Places Article II Miscellaneous Regulations 12.20.040 Consumption or possession of alcoholic beverage prohibited. Article I Closing Hours 12.20.050 Definitions A. "Public Park" means and includes city -owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the city. B. "Mass gathering" means an outdoor assembly of 100 or more people on city -owned property that reasonably can be expected to continue for two or more hours. C. "Smoke" or "smoking" means and includes: possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted smoking equipment. 12.20.010 Designated —Erection of signs. A. Public parks in the city, except as otherwise provided, shall be closed at eleven p.m. daily, and shall remain closed until five a.m. of the next day. B. Appropriate signs shall be erected, giving notice of the closing hours established in this section in each public park. C. When the aforesaid signs have been erected, it shall be unlawful for any person, except a person excepted from the operation of this article to enter or remain in or upon the premises of any park during the hours of closing established in this section. (Ord. 10-81 (part), 1981: prior code § 29-1-1) 12.20.020 Permit for extension —Exceptions. A. The city council finds that justification for exceptions to park closing hours may exist in the case of activities of groups of citizens when valid reasons are established for the extension of such closing hours and responsibility for removal of litter, trash and debris and the performance of conditions can be established. The city parks department is directed to establish rules and procedures for the issuance of permits consistent with the guidelines of this chapter. B. Permits may be issued for the use of any part or all of the park, after the specified closing time and until a time specified in such permit. When any such permit has been issued, the closing time of the park specified in the permit shall be extended to the time specified. Such permit may require performance of conditions including removal of litter, trash and debris, and in such case shall entitle the applicant to be or remain in such park after the extended closing time and until such conditions are performed. C. The provisions of this article shall not apply to employees of the department, police officers, ambulance personnel, firemen, or any city, state or county officers engaged in the performance of their duties. (Ord. 10-81 (part), 1981: prior code § 29-1-2) Ordinance #2011-12 Page 2 of 3 12.20.030 Violation --Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. (Ord. 86-06 § 14, 1986: Ord. 10-81 (part), 1981: prior code § 29-1-3) Article II Miscellaneous Regulations 12.20.040 Consumption or possession of alcoholic beverage prohibited. It is unlawful for any person to consume beer or to have in his possession any beer or alcoholic beverage within any public park of the city. (Prior code § 17-48) 12.20.050 Creation of Smoke -Free Outdoor Public Places Smoking is hereby prohibited in public parks and within fiftv (50) feet of mass gatherings. A. EXCEPTIONS 1. This regulation does not apply to SMOKING areas for EMPLOYEES. Designated employee SMOKING areas are subiect to the Utah Indoor Clean Air Act 26-38-1-9. 2. No Smoking Signs shall be clearly posted in every OUTDOOR PUBLIC PLACE. 3. Signs shall include the international "No Smoking" symbol. IN EFFECT IMMEDIATELY UPON PASSAGE, PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on June Ar.;1 1a,aUli Rachel Ellison, City Recorder Ordinance #2011-12 Page 3 of 3 SIG D Liff.„ David L. Sakrison, Mayor