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2024-03-05 Exhibit 3, item VI.A.0 • Exhibit 3 03/5/2024 ORDINANCE NO. 1287 AN ORDINANCE OF THE CITY OF OKEECHOBE:E, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 30 ENVIRONMENT; ADDING SECTION 30-47 SMOKING AT PUBLIC PARKS PROHIBITED; PROHIBITING SMOKING IN CITY PARKS; PROVIDING I -OR ENFORCEABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senate Bill (SB) 224 and House Bill (HB) 105 were filed in the Florida Legislature during the 2022 Legislative Session proposing to 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 before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: RECITALS ADOPTED. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: CODE AMENDED. The City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A -General Ordinances, Chapter'30-Environment, to add the following: Sec. 30-47. — Smoking in city parks prohibited. No person shall vape smoke cigarettes or smoke other tobacco products except unfiltered cigars, within the public park:; of the town. SECTION 3: ENFORCEMENT. Enforcement of this Section shall comply with Chapter 18-Code Enforcement; Article III — Citation Procedure. SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 6: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Ordinance No. 1287 Page 1 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is GtFUGk thFOLIgh • 11 INTRODUCED for first reading and set for final Public Hearing on this 5th day of March 2024. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after second reading and final Public Hearing this 2nd day of April 2024. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1287 Page 2 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is skask threugh • 11 City of Okeechobee, Florida Business Impact Estimate Pursuant to §166.041, Florida Statutes Proposed ordinance's reference and title: Ordinance No. 1287 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 30 ENVIRONMENT; ADDING SECTION 30-47 SMOKING AT PUBLIC PARKS PROHIBITED; PROHIBITING SMOKING IN CITY PARKS; PROVIDING FOR ENFORCEABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The ordinance prohibits smoking and vaping in all parks located within City limits pursuant to § 386.209, Florida Statutes, and serves the public health by reducing or eliminating the risks of exposure to secondhand smoke to all users of the City's parks. An estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): The proposed ordinance is an ordinance of general applicability that applies to all persons visiting City parks. See Section 166.041(4)(c), Florida Statutes. Page 1 of 1 • MINUTF FII_F Katie Rogers From: Katie Rogers Sent: Monday, March 4, 2024 5:19 PM To: cmoyett@quitdoc.com Cc: Lane Gamiotea; Caya Ortega Subject: Smoke Free Parks Ordinance #1287, 3/5 Council Agenda Attachments: 2024 03 05 Agenda Revised.pdf; 2024 03 05 Exhibit 3.pdf Good evening, Courtney. Lane asked that I forward you a copy of tomorrow's agenda and exhibit 3. WE ARE GETTING CLOSER! Best, Katie Rogers I Deputy Clerk CITY CLERK'S OFFICE CITY OF OKEECHOBEE 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974 PHONE: (863) 763-3372 EXT. 9814 FAX: (863) 763-1686 EMAIL: DEPUPTYCLERK@CITYOFOKEECHOBEE.COM Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.