HomeMy WebLinkAboutO-2021-001 Repealing Article X Smoking Restrictions in Public Parks of Ch. 17 and Sec. 17-30 Smoking Prohibited in Certain of Areas of Public ParksORDINANCE NO. 2021-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, REPEALING ARTICLE X ENTITLED "SMOKING
RESTRICTIONS IN PUBLIC PARKS" OF CHAPTER 17 OF THE CITY CODE
OF ORDINANCES ("OFFENSES; MISCELLANEOUS"), AND REPEALING
CODE SECTION 17-30, ENTITLED, "SMOKING PROHIBITED IN CERTAIN
AREAS OF PUBLIC PARKS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach adopted Ordinance 2008-017, which created an
offense, Section 17-30, which precluded smoking in public parks; and
WHEREAS, the Florida Legislature enacted section 386.209, entitled "Regulation of
smoking preempted to state," which preempted all local regulations relating to smoking; and
WHEREAS, the City's ordinance cannot be enforced and should be repealed.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA THAT:
Section 1. That Article X, entitled, "Smoking Restrictions in Public Parks" of
Chapter 17, entitled "Offenses; Miscellaneous", and Section 17-30, entitled "Smoking Prohibited
in Certain of Areas of Public Parks", of the City Code of Ordinances are repealed and shall read
as follows:
ARTICLE X. SA10KJNG RESTRICTIONS 1N PUBLIC PARKS R SERVED
Sec. 17-30. Reserved. Smoldag Prohibited in Certain Areas of Publie Par-Irs.
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MGM V. 4 4
(b) The prohibition of this Seetion shall not apply to any per -son smoking withi
motor- vehiele tha4 is within a City park, whether- E)r- not loeated in a par -king lot.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall take effect immediately at the time of passage
and adoption.
PASSED on first reading on December 8, 2020.
PASSED and ADOPTED on second reading on January 12, 202 1.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
TTAMARA JA
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS JJANSBROJ,
CITY ATTORN�y
2 ORDINANCE #202 1 -001