LEGISLATIVE ACTION ITEM
SPONSOR: D.C. Reeves, Mayor
City Council Vice President Casey Jones
SUBJECT:
title
PROPOSED ORDINANCE NO. 56-22 AMENDING SECTION 6-3-2 OF THE CITY CODE - PROHIBITING SMOKING AND USE OF VAPOR-GENERATING DEVICES WITHIN PUBLIC PARKS
end
RECOMMENDATION:
recommendation
That City Council adopt Proposed Ordinance No. 56-22 on second reading.
AN ORDINANCE AMENDING SECTION 6-3-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROHIBITING SMOKING AND USE OF VAPOR-GENERATING DEVICES WITHIN CITY OF PENSACOLA PUBLIC PARKS; PROVIDING GRAMMATICAL AMENDMENT CLARIFYING (a); PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
end
body
HEARING REQUIRED: No Hearing Required
SUMMARY:
Parks and Recreation would like to codify prohibiting smoking and use of vapor-generating devices in public parks. Upon review by the City Attorney’s Office, the recommendation is to change some of the verbiage adding subsections (d), (e), as well as, adding “of” to subsection (a).
The addition of subsections (d) and (e) of the existing ordinance 6-3-2, satisfies the “publication” requirement of prohibiting smoking and use of vapor-generating devices within city parks, and allows the rule to be enforced as an ordinance. The addition of prohibiting smoking and use of vapor-generating devices will ensure conformity within the parks without the addition of multiple signs. It also increases the ability of law enforcement to better enforce and prosecute violations, increase public safety, and reduce property damage in the parks.
However, during first reading of Proposed Ordinance No. 56-22 City Council amended the proposed amendments removing exceptions and deleting proposed subsection (e) in its entirety.
PRIOR ACTION:
October 20, 2022 - The Parks and Recreation Board voted to approve proposed amendments.
December 15, 2022 - City Council voted to approve Proposed Ordinance No. 56-22 on first reading as amended.
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
11/30/2022
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Adrian Stills, Parks and Recreation Director
ATTACHMENTS:
1) REVISED Proposed Ordinance No. 56-22
2) Proposed Ordinance No. 56-22
3) Part II of Chapter 386, Florida Statutes
PRESENTATION: No end