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WHEREAS, cigarette butts do not biodegrade and they contain 200 known poisons, 63 <br />of which are shown to cause cancer; and <br />WHEREAS, as of July 1, 2022, the Florida Legislature has enacted Chapter 2022-213, <br />Laws of Florida, which permits municipalities and counties to restrict smoking on their local <br />beaches and in parks; and <br />WHEREAS, prohibiting smoking and the improper disposal of tobacco products on <br />public beaches and parks within the City, is necessary to protect the public health, safety, and <br />welfare of all residents and visitors; and <br />WHEREAS, the City Commission wishes to protect the health, safety and welfare of its <br />residents and visitors by prohibiting smoking on public beaches and parks within the City; and <br />WHEREAS, the City Commission has determined that prohibiting smoking on public <br />beaches and City parks is in the best interest of the City. <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS:' <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part of this Ordinance <br />upon adoption hereof. <br />Section 2. Amendment of Chapter 99 and Creation of Article V. Chapter 99, "Public Health <br />and Safety," of the Code of Ordinances of the City of Sunny Isles Beach is hereby amended to <br />read as follows: <br />Chapter 99 — PUBLIC HEALTH AND SAFETY <br />ARTICLE V. PROHIBITION OF SMOKING AT PUBLIC BEACHES AND PARK PROPERTY. <br />§ 99-xx. - Definitions. For purposes of this Article V, the following words, terms and <br />phrases including their respective derivatives, have the following meanings: <br />TOBACCO PRODUCTS includes loose tobacco leaves, and products made from tobacco <br />leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, <br />sniffing or chewing. Unfiltered cigars are specifically exempted from the definition of <br />Tobacco Products. <br />PUBLIC BEACH means any publicly owned or controlled areas lying east of the private <br />Property line (boundary line) namely the ROS (Recreational Open Space) District on the <br />east side of the MUR District, and their respective parking lots, concession areas, and <br />1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by <br />double underline, and deletions are shown as StFikethFGUgh. <br />2 128 <br />