HomeMy WebLinkAboutO-2022-025 Creating Sec. 17-30 Smoking and Vaping Restrictions in Public Parks, Beach and Within 25 Feet of Public Entrance or Exit of a Business SECOND READING ORDINANCE NO. 2022-025
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING ARTICLE X, ENTITLED "SMOKING
RESTRICTIONS IN PUBLIC PARKS" OF CHAPTER 17 OF THE CITY CODE
OF ORDINANCES ("OFFENSES; MISCELLANEOUS"), AND CREATING
SECTION 17-30, ENTITLED, "SMOKING AND VAPING PROHIBITED IN
PUBLIC PARKS, BEACH AND WITHIN 25 FEET OF A PUBLIC ENTRANCE
OR EXIT OF A BUSINESS LOCATED WITHIN THE CITY'S
BOUNDARIES;" PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, several years ago the Florida Legislature enacted section 386.209, entitled
"Regulation of smoking preempted to state," which preempted all local regulations relating to
smoking; and
WHEREAS, in 2022, the Florida Legislature enacted House Bill 105, an amendment to
Florida Statutes 386.201, "The Florida Clean Air Act," which amendment no longer preempts
the regulation of smoking from local government, and which was signed into law by the
Governor on June 24, 2022; and
WHEREAS, consistent with the parameters of Florida Statutes 386.201, the City desires
to preclude smoking or vaping in City Parks and Beach; and
WHEREAS, additionally, the City desires to restrict smoking or vaping within 25 feet of
a public entrance or exit of a business located within the boundaries its jurisdiction; and
WHEREAS, the Florida Legislature provides a couple of preemption exceptions to
enforcement: the City cannot further regulate the smoking of unfiltered cigars, and certain
entrances and exits to specific businesses; and
WHEREAS,the City desires to protect the health, safety and welfare of its residents and
seeks to amend its Code to prohibit smoking and vaping in City parks, and the City beach;
NOW, THEREFORE,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", is amended to create Section 17-30, entitled
"Smoking and Vaping Prohibited in Public Parks, Beach and within 25 feet of a public entrance
or exit of a business located within the City's boundaries," of the City Code of Ordinances is
amended as follows:
ARTICLE X. SMOKING AND VAPING RESTRICTIONS
Sec. 17-30. mod. Smoking and Vaping Prohibited in Public Parks, Beach
and within 25 feet of a public entrance or exit of a business located within the City's
boundaries.
(a) It is unlawful for any person to smoke any tobacco product, except unfiltered
cigars, or vape within any park and recreational areas, including but not limited
to: upon or within fifty (50) feet of any playing field, court, rink, team seating
area, dugout, bleacher, spectator area, playground, concession stand, recreation
building or restroom.
(b) It is unlawful for any person to smoke any tobacco product or vape within the
City's Beach or Oceanfront Park.
(c) The prohibition of this Section shall not apply to any person smoking or vaping
within a motor vehicle that is within a City park, whether or not located in a
parking lot.
(d) Vaping is defined as the use of vapor-generating electronic devices for breathing
in or inhaling tobacco products.
(e) It is unlawful to smoke or vape within 25 feet of a public entrance or exit of a
business located within the City's jurisdictional boundaries except: (i) Stand-
alone bars; (ii) Retail tobacco shops; (iii) Vapor-generating electronic device
retailers; or (iv) Any other business that derives no more than 10 percent of its
gross revenue from food sales consumed on premises.
(f) The City may not enforce these regulations against the smoking of unfiltered
cigars.
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.
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d within 25 feet of a public entrance
PASSED on first reading on July 12, 2022.
PASSED AND ADOPTED on second reading on August 23, 2022.
ATTEST: B �_�
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THOMAS SCHNEIDER, CMC ! TAMARA JAME
CITY CLERK _ MAYOR
4LIsHO
APPROVED AS TO FORM AND CORRECTNESS:
E E A. BOUTSIS
ATTORNEY
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