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2021-07-20 Ex 01EXHIBIT 1 JULY 20, 2021 CITY COUNCIL AGENDA City Council Agenda: July 20, 2021 New Business Item Presenter and Subject: Courtney Moyett, Quit Doc Foundation and Okeechobee County Tobacco-free Partnership Manager on the benefits of tobacco free parks. Background: Made presentation and obtained a recommendation from the Flagler Park Design Review Advisory Committee (FPDRAC) on May 25, 2021. Attachments to Exhibit: • FPDRAC May 24, 2021, Draft Minutes, page one of three only. • Excerpt of the Code of Ordinances from the City of Parkland, FL. • Sample of signage and excerpt of the Code of Ordinances from the City of Stuart, FL. • Sample of signage for Martin County and an excerpt of the Florida Litter Law. • 2018 Map of municipal park & Recreational facilities with Tobacco policies. �"'�'° - �' � � ' ,,� � a . . e. '• : - '�,. �'�•� ����n���� CITY OF OKEECHOBEE FLAGLER PARK DESIGN REVIEW ADVISORY COMMITTEE MAY 24, 2021 DRAFT MINUTES I. CALL TO ORDER Chairperson Robbie Chartier called the Flagler Park Design Review Advisory Committee (FPDRAC) meeting to order on Monday, May 24, 2021, at 3:00 P.M. in the City Council Chambers, located at 55 Southeast 3�d Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Deputy City Clerk Bobbie Jenkins called the roll. Chairperson Robbie Chartier, Regular Members Regina Hamrick, Kathy Scott and Jennifer Tewksbury and Alternate Member Bob Burdge were present. Vice-Chairperson Bert Culbreth, Regular Members Susanne Clemons, Denise Whitehead and Alternate Member Greg Maynard were absent. To maintain a quorum, Chair Chartier moved Alternate Member Burdge to a voting position. Vice-Chair Culbreth entered the Chambers at 3:13 P.M. III. AGENDA AND PUBLIC COMMENTS A. Motion by Member Scott, seconded by Member Hamrick to approve the agenda as presented. Motion Carried Unanimously. B. One comment card was submitted by Mrs. Courtney Moyett, with the QuitDoc Foundation, and Okeechobee County Tobacco-free Partnership Manager. Mrs. Moyett made a presentation on the benefits of tobacco-free parks. Materials distributed included a flyer with reasons to support tobacco free spaces, copies of laws adopted in surrounding cities, photographs of signage in other communities as well as providing statistical information on second-hand smoke and the enforcement of these types of laws. She met with Administrator Montes . De Oca on this subject, and he recommended she make her presentation to this committee. The consensus of the FPDRAC was to recommend the City Council consider adopting a tobacco free park policy; and that the signage go through review of the Flagler Parks Master Plan (when adopted) for cohesiveness. IV. MINUTES A. Motion by Member Tewksbury, seconded by Member Scott to approve the March 29, 2021 minutes as presented. Motion Carried Unanimously. FPDRAC DRAFT MINUTES, MAY 24, 2021, PAGE 1 OF 3 5 2-i ?021 Parl:land, Fi, Code of Ordinances Sec. 11-78. - Smoking prohibited in outdoor areas in city parks. �-�1(1) It shall be unlawful for any person to smoke or chew tobacco on the grounds of any public park � operated by the City of Parkland. r____� (2) A law enforcement officer may issue a citation to any person in violation of the provisions of this section, (3) Penaity. Any person issued a citation pursuant to this section shall be deemed to be charged with a civil infraction. A fine of twenty-five (�25.00) shali be assessed for each violation of this section, (4) This section shall not apply to any person smoking within a motor vehicle that is within a city park, whether or not located in a parking lot. (Ord. No. 2005-01, § 2, 3-2-2005) �� t� r 0..Y ��.a.nC� � �— P aS�.d �� +� �� � o�Od 5 n eed� �O (�e� �. me�-�? ec� � I�I �`CI,gS'� Vct.,�in� � ��-���5 � �:' h*��r 5�'" ����< " <-; � o�'cQ., Sm�king �ipping � � � ��1�,Gl,fr,� � � � h a.g �, .��, o��� �� \�� ��,� [71VISION 2. - SECOND HAND SMOKE ��b,. (�, \�C�J. ��}.,� �� 7 ,�O� �� � 1 �� � \�� p�,Q'� C 0 ,C, � � � Sec. 22-36. - Second hand smoke regulations; title, purpose, and intent. � The title of this division shall be known as the "Second Hand Smoke Division." The purpose and intent of second hand smoke division as contained in sections 22-36, 22-37 and 22-38 is: {1) To protect the public health, safety and general welfare by prohibiting smoking in public places under circumstances where other persons will be exposed to secondhand smoke; (2) To assure a cleaner and more hygienic environment for the town, its residents, visitors, and its natural resources, including but not limited to, the town's parks and recreational areas, canals, lakes, and waterways; (3} To strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including chiidren, to breathe smoke-free air, recognizing the threat to public health and the environment that smoking causes; and (4) To recognize the rights of residents and visitors to the town to be free from unwelcome secondhand smoke. The town commission hereby declares that exposing other persons to secondhand smoke constitutes a public nuisance and may be remedied as such. (Ord, No. 322, § 2, 7-25-2006) Sec. 27-37. - Definitions. For purposes of this second hand smoke division, the following terms are defined as: "Public recreationa/ area"means any area open to the public for recreational purposes whether or not any fee or admission is charged, including but not limited to, parks, beaches, sport or playing fields, bleachers, gazebos, restrooms, concession areas, stadiums, playgrounds, tot-lots, sandboxes, bike-paths, jogging-paths, picnic areas, squares, courtyards, gardens, boat ramps, and piers. "Second-handsmoke"also known as environmental tobacco smoke emitted from lighted smoldering or burning tobacco when the smoker is not inhaling; smoke emitted at the mouthpiece during puff drawing; and smoke exhaled by the smoker. C�� o � S�aY� � Po<<u� F:�..- ��� �: , �,'� h � � � � �, � �. ; �. ,,:a -. .-.r,: "Smoking"or "smoke"means and includes, inhaling, exhaling, burning, carrying, or possessing any lighted smoking equipment, including but not limited to, cigarettes, pipes, cigars, or other like equipment used for the smoking of tobacco, marijuana, or any other weed, plant, or substance that is capabie of emitting smoke. (Ord. No. 322, § 2, 7-25-2006) : -_,. _ � .,>:,. _ . __ _ . � _ _ _. __ < Sec. 22-38. - Smoking in town parks and public recreational areas prohibited. � � r `', (a) Smokingprohibited. Smoking is prohibited in and upon any town park or public recreational area, including but not limited to parks, beaches, sport or playing fields, bleachers, gazebos, restrooms, concession areas, stadiums, playgrounds, tot-lots, sandboxes, bike-paths, jogging-paths, picnic areas, squares, courtyards, gardens, boat ramps, piers, and other public recreational areas. (b) Signage required, "NO SMOKING" or "SMOKE FREE" signs, with letters of no less than one inch in height, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the town's community devefopment department, shall be conspicuously placed at each entrance to a town park and public recreational area. Notwithstanding this provision, the presence or absence of such signs shall not be a defense to the violation of any provision of this section. �(c) Pre-emption. The provisions of this section shall not apply in any circumstance where federal or state law regulates smoking if the federai or state law preempts local regulation, or if the federal or state law is more restrictive. � � i � il!';';i�'� i:)Y (d) Re/ated vro/ations. No person shall dispose of smoking waste in any area in which smoking is prohibited, No person shall cause, permit, aid, abet, or conceal a violation of any provision of this section. (e) Penalty. Violations of this division shall be a class A violation, punishable as set forth in � ter 1. Punishment under this section shall not preclude additional punishment pursuant to any other code section or law prohibiting the act of littering. The remedies of this section are cumulative, and in addition to any other remedies available at law or in equity. (fl Disc/aimer. By adopting and enforcing this division for the public purposes as stated herein, the town and its officers, employees, and representatives do not assume any legal duty or obligation to any person or estate for monetary damages for personal . . L. �. i ., .. ., .. . ':Y'� - .. _ I .. injuries or death which may be claimed or alleged to have arisen as a proximate cause or result of any breach, enforcement or failure to enforce this division. (Ord. No. 322, § 2, 7-25-2006; Ord. No. 395, § 2, 1-28-2014) Secs. 22-39-22-60. - Reserved. ,;:.,_., _ :;.,�; �' V� a� � n u, n o� l h�,S �. ��y �,�� p�� �c,� for par�S � b ��1 �i� ��.�P,t'� �, u,htCss .�,� �,(� �►a5 -(-�' c�� . �� �^ �, � �r �;�. � . � - . f _ - {.. _ _ x H�, `f . �'., •�, �{ r � _ � J h..' zP' -:' Y � �Y �� � '� ��{� t y.$ �., » � � � �. � a + �� x � F` : ' Y.` 7^ Ya v -�ri � � �✓ r : -�-�� y � ��� � � �g�^a`6°; '� �,�� '� � - J�.,ys�•�; ^i" _ � p ... _ . , . . �. :;�'..� � �,� ^4 s : F'�^�` � "�'S �" - :� ,'xsn.� ' i :�� ���4 :S. 4.'' 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Fiorida Litter Law Current as of January 01, 2019 � Updated by FindLaw Srarf (�lttos://www.findlaw om/ omp�py/our-te�m.html� Search Florida Statutes Sea�ch by�i�dl0�d bl' CIL8t1011 ��' .,.� � [ 1 . !�� • . SEARCH R Prev (�os�Ucodec f nd��aw iFl/•itie v�os6Gs-healih/fl-st-�a�,.en q7 h1ml� �e� a(hI1os://co . findlaw �om/Fl/tiflo ri � ou61i -health/Fl-st�c �si,s nrt-qp�.eiZi h• i� (1) Shorttitle.--This section may be cited as the "Florida Litter Law." (2) Definitions.--As used in this section: Y (a) "Aircraft" means a motor vehicle or other vehicle that is used or designed to fly but does not include a parachute or any other device used primarily as safety equipment. (b) "Commerciat purpose" means for the purpose of economic gain. (c) "Commercial vehicle" means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose. (d) "Dump" means to dump, throw, discard, piace, deposit, or dispose of. (e) "Law enforcement officer" means any officer of the Florida Highway Patrol, a county sheriff's department, a municipai law enforcement department, a law enforcement department of any other political subdivision, or the Fish and Wildlife Conservation Commission. in addition, and solely forthe purposes of this section, "law enforcement officer" means any emptoyee of a county or municipal park or recreation department designated by the department head as a litter enforcement officer. (f) "Litter" means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper, tobacco product; tire; appliance; mechanical equipment or part building or construction material; tool; machinery;'wood�'motor ,, .;' i*';" vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment . tA � �x facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (9) "Motor vehicle" means an automobile, motorcycie, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor. (h) "Person" means any individual, firm, sole proprietorship, partnership, corporation, or unincorporeted association. Posting Nude Photos of Member of Congress Was Protected Speech, California Court Rules (httPs:/lblogs.find law.com/g reedy_associate r ude-photos�of•membe r-of-cong ress- wa s-p rotecte d-sp eec h-ca li fo rn ia-cou rt- holds.html) Supreme Court Abandons Rule Restricting Juvenile Sentences o! Life Without Parole (https://blog s.find law.co m/supreme_court/2 court-abandons-rule-restricting juvenile- sentences-of-li fe-without-parole.html) Chauvin's Third-Degree Murder Convicticn Could Be Overturned (ht?ps://blegs.findlaw.com/strategist/2021 /G th ird-degreemurder•co nv ic?ion•cou Id-be overturned.html) Revisiting the Legality of Password Sharing as Netflix Begins to Crack Down (https://blogs.find law.co m/technolog ist/202 the-legali,yof-pa sswo rd-sharing-as- netFlix-begins-to�rack-down.htm Ij View More » (https://www. fi nd law.co m/ Iegalbiogs. htm I) (i) "Vessel" means a boat, barge, or airboat or any other vehicie used for transportation on water. (3) Responsibility of local governing body of a county or municipality.--The local governing body of a county or a municipality shall determine the training and qualifications of any employee of the county or municipality or any E�'� �:;; employee of the county or municipal park or recreation department designated to enforce the provisions of this ' section if the designated employee is not a regular law enforcement officer. (4) Dumping litter prohibited.•-Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount: (a) In or on any pubiic highway, road, street, alley, or thoroughfare, inciuding any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section; (b) In or on any freshwater lake, river, canai, or stream or tidal or coastal water of the state, including canals. When any litter is thrown or discarded from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or (c) In or on any private property, uniess prior consent of the owner has been given and unless the dumping of such litter by such person wiil not cause a public nuisance or otherwise be in violation of any other state or locai law, rule, or regulation. (5) Dumping raw human waste prohibited.--Unless otherwise authorized by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state. (6) Penahies; enforcement.-- (a) Any person who dumps litter in violation of subsection (4) in an amount not exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty of $100, from which S50 shall be deposited into the Solid Waste Management Trust Fund to be used for the solid waste management grant program pursuant to s. 403.7045 .(1lttos:l/1 nextwe tlaw om/ inWDo �m nt/F�IITe�t� findTv e=L&originating�ontext=do .�m nt&tranaitionTyoe=Documentk mR.pubNum='10000Q6&r fTypg=j,u�jgj��gpp�=1c879cr.8089 b11 6bd . a8 ..48b8' . In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. (b) Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree, punishabie as provided in s. 7� .(1�ps•i/1 next weatla�f rom/ ink/Do �m nt/F �IIT xt� findTvpe=L&origlII�IlIIg�ontext=document&tran itionTj;oe=Documentltem&DubNum='1000006&r fTyoe�LO�,qrjgjn�gDoc=1c879f39089�h11 6bd aan48b8' or s. 775.083 (�ps,//1.next.westlaw. .nmii �r,kinnc,�ment/FuIlText� �IXp�l$cQLi9i[l�tl[]g�ontext=do �m nt&transitionTy,rze=Documentltem&oubNum=1000006&r fTyp���jyinatinypoc=1c879f391894b11 6bd a8.48b8' . In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shaii forward a record of the finding to the Department of Highway Safety and Motor Vehicies, which shall record a penaity of three points on the violator's driver license pursuant to the point system established by S• ](�jjns://1.next w ctlaw com/Link/Do �m nt/F �ura,» f1ild.tXR�L$c�C1910.�tlllgContext=document&tran itionTyRe=Docum -ntlt m&DubNum=1000006&r fTv DeiLO�(jginating_D_oc=1c879f 99'�b1 � bbd . -"Rc48b8", (c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined in s. 403.703 (�ps://1.nextweatlaw om/ ��k/Do �m nt/F �IIT xt� fi11d.TXR.�L$c4Clqlti�iipg_Context=document&tran itionTyoe=Documentlt m&�ubNum=10000Q6&r fTy,DelLO$�Q�jginatingDoc=lc879f39 89 b11 6bd .�,8c48b8' , is guilty of a felony of the third degree, punishable as provided in s. 77 .08 .(httns://1 next w�tiaw om/ ink/Do ument/FuIlTett� findTXR�l�QCi9i0.�tiLlgContext=do �m nt&tranaitionTy,pe=Documentitem&oubNum=1000006&r ??'XDeiLO,$�q�jyinatingD_o_c=1c879f394893b1 "I 6bd aAr48b8' or s. 775.p8�(�p�.��1.next.westla��. om/ in !Do �ment/F�____;__��IIT xt� - findTY.R�l$c4�91II3I1[1gContext=doc �m nt&tran�itionTyne=Documentlt m&nubNum=� 000006&r fTy,pg=j,�( �jyinatingDo =1 87 f F8 b� � 6bd . a8 .a8b8' . In addition, the court may order the violator to: 1. Remove or render harmless the litter that he or she dumped in violation of this section; 2. Repair or restore property damaged by, or pay damages for any damage arising out of, his or her dumping litter in violation of this section; or 3. Perform public service relating to the removai of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation ot this section. (d) A court may enjoin a violation of this section. (e) A motor vehicle, vessei, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is dectared contraband and is subject to forfeiture in the same rnanner as provided in ss. 93 .70� l�os://1.next.we�tiaw .om/ inklDo .�ment/F �IIT x,t? ir Iy,pe= & rigin tingContext=document&transir�n�T„�e=Documentltem&pubNum=1000006,�refTy,Qe •--1,Q cri m i poc=1c87ab£�c0893b11e6bdc a8c48b8 ' 9��]9 -- and 9 704 (�os://1.next.westlaw .om/ ink/Do .�m nt/F dIT a;t� findTy.t�e=L&originatingContext=docum nt&tren�itionTy,�e=DocumeMit m&pubNum=1000006&r fTXR�..LC2.�4L191ns3T�1L1gDoc=1c87a68c189 b11 bbd aRc48b8' (f) If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civii action for such damages, shall order the person to pay the injured party threefold the actual dama9es or S200, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attomey's fees. A final judgment rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civii action under this paragraph which he or she would be estopped from asserting if such judgment were rendered in the civil action unless the criminal judgment was based upon a plea of no contest or nolo contendere. (g) For the purposes of this section, if a person dumps litter or raw human waste from a commercial vehicle, that person is presumed to have dumped the litter or raw human waste for commerciai purposes. (h) in the criminal trial of a person charged with violating this section, the state does not have the burden of proving that the person did not have the right or authority to dump the litter or raw human waste or that litter or raw human waste dumped on private property causes a public nuisance. The defendant has the burden of proving that he or she had authority to dump the litter or raw human waste and that the litter or raw human waste dumped does not cause a public nuisance. (i) It shall be the duty of all law enforcement officers to enforce the provisions of this section. (j) Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.08 (�p�:i/1 next w atla�> �om/ ink/Do �ment/F �IIT x�� findTy. e=L&origjp�jpg�ontext=docum nt8tran itionTy,pe=Doc�mentit m&oubNum=1000006&r fTypg-LQg�q�j9i�jllgDoc=1c87addf089 b11 �bd . a8 .�QhQ? or S. 775.083 (J�ps;//1.next.westlaw. .om/ ink/Do .��ment/FuIIT,�xt? �d-ZXR�L$c4L91II3tI�gContext=do �m nt&tran itionTy,Re=Documentit m&�ubNum=1000006&r fTv pg=LO$�QtjginatingDoG=1c87addf18 b11 6bd a8 -48b81 ; provided, however, that any person who dumps more than 500 pounds or more than 100 cubic feet of raw human waste, or who dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third degree, punishable as provided in para9raph (c). (7) Enforcement by certain county or municipal employees.--Employees of counties or municipalities whose duty it is to ensure code compiiance or to enforce codes and ordinances may be designated by the governing body of the county orthe municipality to enforce the provisions of this section. Designation of such employees shall not provide the employees with the authority to bear arms or to make arrests. (8} Enforcement of other regulations.-•This section does not limit the authority of any state or local agency to enforce other laws, rules, or ordinances relating to litter or solid waste management. «P_evQ1L'o�%'�--� findlaw oii"1/ti•i �xiix�Qubiichealth/fl-s+-ca�b40�.a� htmlA Nezt.(htto�'// od cfindiaw�om/fl/titl �xziz-��blichealth/fl t t40�47^1 htrrmlj Read this rompl�te Florida Stat rt G Titl XXIX P �bli H�Ith � 40'�.413. Fiorida itt r i aL,, on 1^! ctla�- lhit ' � .4LjginationGontext=do . ,m ntto &tranaitionTy, e=Cateoor„�Payeltem&conteYtData=(s .D fa ilt�� FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the ind ��,trv-leading onlingj�g�� researr.h yystem .ihSSp�1L1€g�l_�olutions.thomc��rputer .-�m!!au;. r�uctslwestiaw-I g�l-research �. 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