2024 04 02 V. A. Exhibit 3 • •
Exhibit 3
04/02/2024
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.
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 parks 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All ordinances or parts of ordinances in conflict herewith are hereby repealed.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: SEVERAEILITY.
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
• •
INTRODUCED for first reading and set for final Public Hearing on this 5th day of March 2024. Roll Call
Vote:
Yes No Abstained Absent
Council Member Chandler: X
Council Member/Vice Mayor Clark: X
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
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.
Roll Call Vote:
Yes No Abstained Absent
Council Member Chand er:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
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&Vack-through
• •
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;
El 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,Florica 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.
2. 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
II III
MINUTE I--
CC
1 ZA. b< 3
il. i Lake Okeechobee News
4412 313 NW 4th Avenue
III DEpENDENT Okeechobee, FL 34972
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA — QTYOF OKEECHOBEE Pu&SCNOTICE
COUNTY OF OKEECHOBEE CONSIDERATION OF ADOPTING A CITY orsun(ANCE
NOTICE IS FYYGIVENmac mealy Coud cf the aydC(aeehabee
Before the undersigned authority personally appeared Ka- A l 5 vttpr�Y22,0 24 6 PM,oriz tsxopn
trina Elsken Muros, who on oath says that she is Editor 'ea:g fCrd For'n°la
in Chief of the Lake Okeechobee News, a weekly news- ,AMENDINGo,CRDININCESA A 30PENVI
paper published in Okeechobee County, Florida; that the n,, E,' PR TPARKS:
attached copy of advertisement, being a Public Notice in DIFIC O ovrnacwaesEVEaAanm;PRO-
the matter of The pubic is hooted to attend and be heard on al matters
Public Notice The proposed Ordinance can be iaepeoYd/viewed n its entirely at the address
above,Rrn 100,dung'voila business hous,NUmFri,8 AM4:30 PM,o¢ept
for holidays,contact the ahce ci the ay Clerk staff at 863-763-9814.It will be
in the 19th Judicial District of the Circuit Court of °°a t ;m,, $, //, clan ,
Okeechobee County, Florida, was published in said news- ''''''''' "'°It'°"
As ra3uied by Flnida 9 fie 166.041(4xci,the Badness Impact Trna�is
paper in the issues of pos�mthe G(y w�bste as cf Ma m20 2(124.Ron he emet at ttlps://
dtarareecbobee.oxibyWK-i trori.
03/20/24 BE ADVISED that shard you inba d to slaw any document,live,tideo,
cw items or the Gty Coundl n support oroppcstim to arty flan on me
(Print Dates) a mp✓of ore ao°.nax pch 'PERSON ash nxat Be p o dad ro Gti
Oak for the CLys remrds.ANY PERSON DECIDING TO APPEAL any de-
or by publication on the newspaper's website,if authorized, a bY the,c4 carald m dkcZereddat
On the rend includes the testimony and evidence ,Mi upon di the appeal will Be
lam.In acmrdace with the Ameimns with Dicabilities Act,persons WM d5-
03/20/24, 03/21/24, 03/22/24. 03/23/24_03/24/24, 03/25/24, 03/26/24, abihies needng specialamxr1rredationmperedpam inuis prcc irg fluid
03/27/24 bdal�77-1-tirosiatertlrantoirneus�nessdayspriers°m iced
(Website Dates) By.ay Clerk tare Gamble%CMC
642664 ION 3/20/2024
Affiant further says that the newspaper complies with all
legal requirements for publication in Chapter 50, Florida
Statutes.
(..(**-1,
PM12a4NI
61
T.
CO
rn
_ �/ m
Katrina Eisken Maros Si �`
Sworn to and subscribed before me by means of 4 WV r1a
❑Physical Presence �X Online Notarization
physical presence or online notarization, this
20th day of March, 2024.
C-..
_�I .��!+� era
k{t NM 5 C141141412914a i
A+� '� EhP"t�E� Ntt1
,3,,,,,„,.. _:__ ._1_,... .„,.._.H.
(Signature of Notary Public)
STAMP OF NOTARY PUBLIC