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HomeMy WebLinkAboutReso 2022-3350RESOLUTION NO. 2022 -`��✓ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO PURSUE AND IMPLEMENT A CAMPAIGN ENCOURAGING RESTAURANTS TO VOLUNTARILY PARTICIPATE AND COMMIT TO PROHIBITING SMOKING IN OUTDOOR DINING AREAS; DIRECTING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is committed to protecting the public health and welfare of its citizens; and WHEREAS, secondhand smoke causes approximately 7,330 deaths from lung cancer and 33,950 deaths from heart disease each year; and WHEREAS, between 1964 and 2014, 2.5 million people died from exposure to secondhand smoke, according to the 2014 report from the U.S. Surgeon General. The report also concluded that secondhand smoke is a definitive cause of stroke; and WHEREAS, according to the American Lung Association, there is no risk-free level of exposure to secondhand smoke and even short-term exposure potentially can increase the risk of heart attacks; and WHEREAS, secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic, including formaldehyde, benzene, vinyl chloride, arsenic ammonia and hydrogen cyanide; and WHEREAS, secondhand smoke is especially harmful to young children, and is responsible for between 150,000 and 300,000 lower respiratory tract infections in infants and children under 18 months of age, resulting in between 7,500 and 15,000 hospitalizations each year; and WHEREAS, more than 23 million, or about 35% of children in the U.S. have been exposed to secondhand smoke; and WHEREAS, pursuant to Section 386.209, Florida Statutes, the State of Florida expressly preempted the regulation of smoking to the state, and provided that it supersedes any municipal ordinance on the subject; and WHEREAS, although the City cannot regulate smoking in outdoor restaurants, the City believes that nonsmokers should be able to breath smokefree air, and to that end, wishes to implement a campaign to encourage businesses within the City to voluntarily commit to providing a smoke-free environment for outdoor diners; and WHEREAS, the City Commission believes that adoption of this Resolution is in the best interest of the City. @BCL@58090172.docx Page 1 of 2 720 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Direction to City Manager. The City Commission hereby directs the City Manager to pursue and implement a campaign to encourage businesses within the City to voluntarily commit to providing a smoke-free environment for outdoor diners. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 19th day of May 2022. r, CMC, City Clerk na Robin Goldman, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0 5;;iQ L �- Edward A. Dion, City Attorney Moved by: t'f S�<(�A�r=:,E ,(%��f Seconded by <e Vote: ,s Mayor Goldman ts' (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama Wes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@58090172.docx Page 2 of 2 721 �%r or sVc+ nP City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Jerry Joseph, Commissioner DATE: May 19, 2022 RE: Implementation of a Smoke -Free Campaign RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City is committed to protecting the public health and welfare of its citizens. As scientific studies have shown, secondhand smoke causes approximately 7,330 deaths from lung cancer and 33,950 deaths from heart disease each year. According to the American Lung Association, there is no risk-free level of exposure to secondhand smoke and even short-term exposure can potentially increase the risk of heart attacks. Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic, including formaldehyde, benzene, vinyl chloride, arsenic ammonia and hydrogen cyanide. Its also especially harmful to young children, and is responsible for between 150,000 and 300,000 lower respiratory tract infections in infants and children under 18 months of age, resulting in between 7,500 and 15,000 hospitalizations each year. Unfortunately, State of Florida expressly preempted the regulation of smoking to the state, and provided that it supersedes any municipal ordinance on the subject. While the City cannot regulate smoking in outdoor restaurants, it believes that non-smokers should be able to breath smoke-free air. This Resolution would direct the City Manager to implement a campaign to encourage businesses within the City to voluntarily commit to providing a smoke-free environment for outdoor diners. ATTACHMENTS: Resolution Item Number: 10.AD 719