Fort Walton Beach Ordinance — 2109--Amend COO Chapters 7, 9, & 11 No Smoking in Parks — reading text

READING DATE 1st 10 Q5 2nd 12 31'd ORDINANCE 2109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 7. 05. 05 OF THE CODE OF ORDINANCES TO PROHIBIT SMOKING WITHIN CITY -OWNED PARKS AND BEACHES AS AUTHORIZED BY CHAPTER 386. 209 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, prior to the 2022 State of Florida Legislative Session, Chapter 386. 209 of the Florida Statutes provides that the regulation of smoking is preempted to the State of Florida; and WHEREAS, the youth of our community and communities throughout Florida currently play on playgrounds, athletic fields, skate parks, aquatic facilities and other recreation facilities with inconsiderate smokers around the children providing them unhealthy secondhand smoke; and WHEREAS, a report by the United States Department of Health and Human Services, Surgeon General states tobacco smoke contains over 7, 000 chemicals, including hundreds that are toxic and up to 69 that are known to cause cancer and exposure to secondhand smoke can cause numerous health problems and has been linked to cancer and other fatal diseases; and WHEREAS, the staff analysis published for House Bill ( HB) 105 references various studies from United Health Foundation, America' s Health Rankings, the Centers for Disease Control and Prevention, and others on the impact smoking has on the health of citizens; and WHEREAS, the reports referenced in the staff analysis for HB 105 further states secondhand smoke is generally defined as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker. Exposure to secondhand smoke can cause numerous health problems and has been causally linked to cancer and other fatal diseases. Studies suggest that secondhand smoke in crowded outdoor areas can cause concentrations of air contaminants comparable to those caused by indoor smoking; and WHEREAS, the Center of Disease Control states secondhand smoke is generally defined as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker; and WHEREAS, State law prior to FY 2022- 23 prohibited cities and counties from establishing reasonable smoke- free zones or designated smoking areas so that our young people can enjoy playing on playgrounds, at recreation facilities, or athletic fields, or watching their siblings play without encountering dangerous secondhand smoke; and WHEREAS, Senate Bill (SB) 224 & HB 105 were filed in the Florida Legislature during the 2022 Legislative Session that would allow cities and counties to protect the youth of their community through the designation of smoke-free zones or designated smoking areas; and WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022 and was adopted by the Governor on June 24, 2022 to become effective on July 1, 2022; and WHEREAS, the City Council determines a public health and safety need to prohibit smoking within the boundaries of City -owned parks.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166.021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, Section 386.209 of the Florida Statutes, and the City Charter. SECTION 2. AMENDMENT OF CODE OF ORDINANCES CHAPTER 7.05. 05 — PROHIBITED BEHAVIORS. Chapter 7. 05. 05 of the City of Fort Walton Beach Code of Ordinances shall be amended as follows: 10) Smoking in Parks Prohibited. Smoking and/ or the use of vapor -generating devices within the boundaries of any public park or public beaches within the City limits is prohibited as authorized by Chapter 386. 209 F. S. Unfiltered cigars are exempt from this provision. Enforcement of this provision shall comply with Chapter 7. 05. 08 of the City of Fort Walton Beach Code of Ordinances. SECTION 3. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. x' Adopted: P&ep. 6tr 13 1nZi —; Foa„-rwA Richard A. Rynearso , Mayor Attest: . 4 1-W. ' 0"< j-,' WN\w„\Spproved for form, Kim M. Barnes, City Clerk Additions are underlined;