2024-09-11 Ex. 7, Item VI. A. • • MINUTE FILE
Exhibit 7
9/11/2024 C(/
ORDINANCE NO. 1291 �� Y I•A•
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All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 ctruch-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: 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 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 st;ask-EMeugh •
• S
City of Okeechobee, Florida
Business Impact Estimate
Pursuant to §166.041 , Florida Statutes
Proposed ordinance's reference and title: Ordinance No. 1291
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.
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 law1 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 corrects a scrivener's error in prior, enacted ordinance number 1287, which prohibits
smoking in public parks for the public health.
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 estimates of the number of businesses likely to be impacted by the proposed ordinance:
None.
4. Additional information the governing body deems useful (if any):
None.
1 See Section 166.041(4)(c). Florida Statutes.
Page 1 of 1
IP •
qi/1/2.W44 CC,
14:
Lake Okeechobee News t
N 1DEPENDENT 313 NW 4thFlorida
Avenue
Okeechobee,Fl 34972
e
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of CITY
m BLIOKEECHOBEE
NOTI NOTICE
the Lake Okeechob ews, a weekly Newspaper published CONSIDERATION OF ADOPTING A CITY ORDINANCE
NOTICE IS HEREBY GIVEN hat the City Council of'he City,,
in Okeechobee CQun , F Ida, thou a attached copy of an Okeecnnbee will conduct a Public Hearing on Wednesday,
at
advertisement being--a— ' t 1. `:c 1Ir� September SE,3rd AVE,2024,6 PM,0o, kseec obee,FL,possible,ei
t ����- City Hall,55 SE AY Rm 200,Okeechobee,FL,to consider
final reading for adoption of the following Ordinance into law(No.
/+ /� ( 1291):
in the matter of\r i�L ���je.,11 C \O Y\ 01 r " AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA,
CORRECTING A SCRIVENERS ERROR IN THE SECTION
OF THE CODE OF ORDINANCES WITHIN ORDINANCE NO.
1287 THAT AMENDED CHAPTER 30-ENVIRONMENT;
JJ ADDING A SECTION PROHIBITING SMOKING IN PUBLIC
/`�_`/71 -/!, �t�4 LLit r�'� }�v/ CITY PARKS; PROVIDING FOR ENFORCEABILITY;
in t1h e'19th Judicial District of the Circuit Court of Okeechobee PROVIDING FOR CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
County, Florida,was published in said newspaper in the issues of
This Ordinance corrects Code Section Number 30-47 to be 30-48
in orevwusly adopted Ordinance No.1787
��'���rrL `, v The public and interested parties are invited to attend
' a U I A �� and be heard and may submit written/oral comments
before or at the meeting.
Affiant further says that the said Lake Okeechobee News is a The proposed Ordinance can be inspected/wewed in its entirety
at the address above,Rm 100,dunng regular business hours,
newspaper published at Okeechobee,in said Okeechobee County, Mon.Fri,8 AM-4:30 PM,except for holidays,contact the Office at
the City Clerk staff at 863-763-9814.It will be posted online one
Florida, and that said newspaper has heretofore been published � publi Heanng e Ciry council
agenda
weekp materialstothe on thec COY websrtedate,at httpswithM://www cityofokee
continuously in said Okeechobee County, Florida each week and chobee,corn/AgendaMinutes-CityCounal.html.
As required by Honda Statute 166.041(4)(c), the Business
has been entered as second class mail matter at the post office in Impact Estimate is posted to the City website as of August 28,
2024. can be view
Okeechobee, in said Okeechobee County, Florida, for a period of https://ceyof lokeechooee.com!Wabl nohce.html ed at
one year next preceding the first publication of the attached copy BE ADVISED that should you intend to show any docurgegt,
picture, video, or items to the City Council in support-Pr
of advertisement, and affiant further says that she has neither opposition to any item on the agenda,a copy of the document,
picture,video,or item must be provided to the City Clerk for the
paid nor promised any person, firm or corporation any discount, City's records. ANY PERSON DECIDING TO APPEAL any
decision made by the City Council with respect to any matter
rebate, commission or refund for the purpose of securingthis considered at this meeting will need to ensure a verbatim record
P rP of the proceeding is made and the record includes the testimony
advertisement for publication in the said newspaper. and evidence upon which the appeal will be based.In accordance
with the Americans with Disabilities Act,persons with disabilities
- _l s needing special accommodatron to participate in this proceeding
should contact the City Clerk's Office in person or call
< _. `1 �l / r \.., _ 1 863-763-9815, Heanng Impaired: Florida Relay 7-1-1 no later
than four business days prior to proceeding.
Katrina Isken Muros By:City Clerk Lane Gamiotea,CMC
5016 LON 8/28/2024
Sworn to and subscribed before me by means of physical
presence or_online notariz on,this h , l
��g f�� day of t— Li a4AO 44 AD
Notary Public,State of Florida at Large