AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, CHAPTER 15, “PARKS AND RECREATION,” ARTICLE II, “RULES AND REGULATIONS,” TO PROHIBIT SMOKING AND VAPING IN CITY PARKS. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the November 10, 2022, City Commission Meeting.
The Florida Legislature recently adopted House Bill 105, amending the Florida Clean Indoor Air Act, now called the Florida Clean Air Act, which preempts the regulation of smoking to the State. Section 386.209, Florida Statutes, now provides local governments limited regulatory authority over smoking in public parks that they own.
DISCUSSION:
In accordance with the Florida Clean Air Act, this ordinance seeks to prohibit smoking and vaping, except for unfiltered cigars, in all City parks and provides related definitions and penalties. Violators will receive an initial warning, and subsequent violations will be subject to trespass from the property for up to one (1) year.
RECOMMENDATION:
Staff recommends approval of this ordinance.
FISCAL IMPACT: N/A