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CITY COUNCIL AGENDA MEMO |
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| | | | | | | | MEETING DATE: | 7/25/2022 | DEPARTMENT: | Health | DIRECTOR: | Rachel Patterson, Director of Environmental Health & Sustainability | AGENDA ITEM: | Amending Chapter 14, Offenses - Miscellaneous, and Chapter 15, Parks and Recreation, to prohibit smoking in public parks and update the authorized age to purchase tobacco to comply with state law. | RECOMMENDED ACTION: | Adoption of Ordinances |
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| | | | | | | | ITEM SUMMARY Ordinance No. 2022-7-4: To amend Chapter 14, Offenses - Miscellaneous, and Chapter 15, Parks and Recreation, to prohibit smoking in public parks and update the authorized age to purchase tobacco to comply with state law; and providing a penalty clause, a repealer clause, a savings clause, a severability clause, a publication clause, and an effective date. Adopted
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| | | | | | | | BACKGROUND Tobacco Use and smoking regulations are currently found in two locations within the City Code of Ordinances. Chapter 15 (Parks and Recreation) regulates tobacco use on the grounds of certain city facilities. Chapter 14 (Offenses – Miscellaneous) regulates smoking (definition in ordinance) within enclosed public places and enclosed places of employment, with certain exceptions.
This revision to the ordinances will expand where tobacco use/smoking is prohibited within park facilities, to include all areas of city parks with exceptions for off-street parking lots and park trails. The change will be reflected in Chapter 14 with a cross-reference in Chapter 15. Additionally, other administrative changes have been made to Chapter 14 to better reflect responsibility for enforcement and comply with state law and other provisions within the City’s Code of Ordinances.
The proposed ordinance includes the following revisions:
- Expand the prohibition on tobacco use/smoking to include all city parks, excluding off-street parking lots and park trails.
- Revision of the definition of “minor” and the authorized age to purchase tobacco to comply with state law (age requirement has also been updated in three additional sections of the ordinance).
- Clarification that the city manager or their designee shall have authority to enforce the ordinance (currently assigned to one department).
- Update the maximum penalty from $500 to $2,000 due to the effect on public health and to comply with Section 1-4(a) of the City Code of Ordinances.
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| | | | | | | | FINANCIAL SUMMARY/STRATEGIC GOALS This item may impact revenue collected from Smoking and Tobacco Use violations; however, the exact change in revenue is indeterminable and will have minimal impact on the General Fund budget.
Approval of this agenda item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government. |
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