2024-08-20 V.C. Ex.4 • , Illy
• Exhibit 4
08/20/2024 CC.,
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ORDINANCE NO. 1291 1:-/er
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AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING
A SCRIVENER'S ERROR IN THE SECTION OF THE CODE OF ORDINANCES
WITHIN ORDINANCE NO. 1287 THAT AMENDED CHAPTER 30-
ENVIRONMENT; ADDING A SECTION PROHIBITING SMOKING IN PUBLIC
CITY PARKS; PROVIDING FOR ENFORCEABILITY; PROVIDING FOR
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 2, 2024, the City Council for the City of Okeechobee, Florida adopted Ordinance
No. 1287 as provided for by Senate Bill (SB) 224 and House Bill (HB) 105 filed in the Florida
Legislature during the 2022 Legislative Session which allowed 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, as provided in Ordinance No. 1287, the City Council determines a public health and safety
need to prohibit smoking within the boundaries of City-owned parks and added such language
to be codified within Section 30-47 of the Code of Ordinances. Following the adoption of
Ordinance No. 1287, the referenced Section was found to be incorrect and needs to be
corrected to add Section 30-48.
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, by correcting the
scrivener's error as follows:
Sec. 30-47 48.—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: 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. 1291 Page 1 of 2
If applicable,language to be added is double underlined.
If applicable,language to be deleted is struck through
• •
INTRODUCED for first reading and set for final Public Hearing on this 20th day of August 2024. Roll
Call Vote:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after second reading and final Public Hearing this 11th day of September
2024. Roll Call Vote:
Yes No Abstained Absent
Council Member Chandler:
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. 1291 Page 2 of 2
If applicable,language to be added is double underlined.
If applicable,language to be deleted is skaslNhrough