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.
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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)
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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