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.
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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)
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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.
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"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)
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Sec. 22-38. - Smoking in town parks and public recreational areas prohibited.
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(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.
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(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
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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.
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_— _. tX.onai ir.� �-p� i i��� § 403.413
Florida Statutes Title XXIX. Public Health � 403.413. Fiorida Litter
Law
Current as of January 01, 2019 � Updated by FindLaw Srarf
(�lttos://www.findlaw om/ omp�py/our-te�m.html�
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(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 �
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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.
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(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 $100, from which S50 shall be deposited into the Solid Waste Management Trust Fund to be used
for the solid waste management grant program pursuant to s. 403.7045
.(1lttos:l/1 nextwe tlaw om/ inWDo �m nt/F�IITe�t�
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. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the
offense committed.
(b) Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in weight or 27
cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial
purposes is guilty of a misdemeanor of the first degree, punishabie as provided in s. 7�
.(1�ps•i/1 next weatla�f rom/ ink/Do �m nt/F �IIT xt�
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or s. 775.083 (�ps,//1.next.westlaw. .nmii �r,kinnc,�ment/FuIlText�
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. In addition, the court shall require the violator to pick up litter or perform other community service
commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a
finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred,
or suspended, the court shaii forward a record of the finding to the Department of Highway Safety and Motor
Vehicies, which shall record a penaity of three points on the violator's driver license pursuant to the point system
established by S• ](�jjns://1.next w ctlaw com/Link/Do �m nt/F �ura,»
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(c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or
100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste
as defined in s. 403.703 (�ps://1.nextweatlaw om/ ��k/Do �m nt/F �IIT xt�
fi11d.TXR.�L$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
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or s. 775.p8�(�p�.��1.next.westla��. om/ in !Do �ment/F�____;__��IIT xt� -
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. 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
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and 9 704 (�os://1.next.westlaw .om/ ink/Do .�m nt/F dIT a;t�
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(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��
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or S. 775.083 (J�ps;//1.next.westlaw. .om/ ink/Do .��ment/FuIIT,�xt?
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; 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.
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