HomeMy WebLinkAboutOrdinance 2022-593ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
CHAPTER 99 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES
ENTITLED "PUBLIC HEALTH AND SAFETY"; CREATING A NEW ARTICLE V WITHIN
CHAPTER 99 OF THE CODE TO BE ENTITLED "PROHIBITION OF SMOKING AT
PUBLIC BEACHES AND PARK PROPERTY", PROVIDING FOR THE PROHIBITION OF
SMOKING AT PUBLIC BEACHES AND PARK PROPERTY; PROVIDING FOR
DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING
THE SCHEDULE OF CIVIL PENALTIES AND MISCELLANEOUS FEES IN CHAPTER 14
OF THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("the City") is committed to public health and
safety; and
WHEREAS, the use of tobacco for smoking purposes is being found to be increasingly
dangerous, not only to the person smoking but also to the nonsmoking person who is required
to breathe the contaminated air; and
WHEREAS, a pervasive intrusion of a non-smoker's right to unpolluted air space is the
uncontrolled smoking on public beaches and parks; and
WHEREAS, the City is committed to keeping its beaches and parks clean, safe, and
healthy for everyone; and
WHEREAS, smoking is hazardous to health and numerous studies have shown that
secondhand smoke is a significant public health hazard; and
WHEREAS, the United States Environmental Protection Agency (EPA) has classified
secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen; and
WHEREAS, exposure to second smoke substantially increases the risk in non-smokers of
lung cancer, cardiovascular disease and other acute and chronic health conditions; and
WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has
found that secondhand smoke causes children to suffer from lower respiratory tract illnesses,
such as bronchitis and pneumonia, exacerbates childhood asthma, and increases the risk of
chronic middle ear infections in children; and
WHEREAS, discarded cigarette and cigarette butts contain the same chemicals and
toxins as the cigarettes themselves, and when discarded, are unsightly, unclean, and
particularly hazardous to small children who handle and sometimes ingest them; and
WHEREAS, cigarette butts are a significant pollutant on beaches and, if uncollected, may
wash directly into ocean water to the detriment of marine life and all ocean users; and
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WHEREAS, cigarette butts do not biodegrade and they contain 200 known poisons, 63
of which are shown to cause cancer; and
WHEREAS, as of July 1, 2022, the Florida Legislature has enacted Chapter 2022-213,
Laws of Florida, which permits municipalities and counties to restrict smoking on their local
beaches and in parks; and
WHEREAS, prohibiting smoking and the improper disposal of tobacco products on
public beaches and parks within the City, is necessary to protect the public health, safety, and
welfare of all residents and visitors; and
WHEREAS, the City Commission wishes to protect the health, safety and welfare of its
residents and visitors by prohibiting smoking on public beaches and parks within the City; and
WHEREAS, the City Commission has determined that prohibiting smoking on public
beaches and City parks is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:'
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Amendment of Chapter 99 and Creation of Article V. Chapter 99, "Public Health
and Safety," of the Code of Ordinances of the City of Sunny Isles Beach is hereby amended to
read as follows:
Chapter 99 — PUBLIC HEALTH AND SAFETY
ARTICLE V. PROHIBITION OF SMOKING AT PUBLIC BEACHES AND PARK PROPERTY.
§ 99-xx. - Definitions. For purposes of this Article V, the following words, terms and
phrases including their respective derivatives, have the following meanings:
TOBACCO PRODUCTS includes loose tobacco leaves, and products made from tobacco
leaves, in whole or in part, and cigarette wrappers, which can be used for smoking,
sniffing or chewing. Unfiltered cigars are specifically exempted from the definition of
Tobacco Products.
PUBLIC BEACH means any publicly owned or controlled areas lying east of the private
Property line (boundary line) namely the ROS (Recreational Open Space) District on the
east side of the MUR District, and their respective parking lots, concession areas, and
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, and deletions are shown as StFikethFGUgh.
2 128
other public facilities. For purposes of this Article, Public Beach or Public Beaches
includes public beach access, which includes the nonexclusive, publicly accessible, open
air and unenclosed landscaped hard surface area easement linking Collins Avenue to
the Oceanfront beach.
PARK PROPERTY — Covers all parks, parkways, playgrounds, recreational fields,
auditoriums, buildings, athletic or recreational facilities, including but not limited to any
playing field, ball field, basketball court, tennis court, or playground which is owned,
leased, or operated by the City, and their respective parking lots, concession areas and
other facilities.
SMOKING means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco
product, including cigarettes, and any other lighted tobacco product. Unfiltered cigars are
specifically exempted from the definition of Smoking.
§ 99-xx. - Smoking at a Public Beach or Park Property Prohibited.
Smokine at a Public Beach or Park Property is prohibited.
§ 99-xx. - Enforcement and Penalties.
A. Violations of this Article shall constitute a civil infraction and shall be enforced
pursuant to Chapter 14 of the Code.
B. Any person or entity that violates anV of the provisions in this Article is subject to
the following penalties:
(1) Upon a first violation, a mandatory fine of one hundred dollars ($100.00).
(2) Upon a second violation, a mandatory fine of two hundred dollars ($200.00).
(3) Upon a third or subsequent violation, a mandatory fine of five hundred dollars
($500.00).
Section 3. Amendment of Schedule of Civil Penalties and Miscellaneous Fees. The Schedule
of Civil Penalties and Miscellaneous Fees contained in Attachment 1 to Chapter 14 of the Code
of Ordinances of the City of Sunny Isles Beach is hereby amended to add the following:
Code Section
Description of Violation
Civil Penalty
99-xx
Smoking at a public beach or
First Violation: $100
Park property.
Second Violation: $200
Third and Subsequent
Violations: $500
Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
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Section 5. Severability. If any section, subsection, clause, or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 6. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 7. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
v�
PASSED AND ADOPTED on first reading this p
�day
dayof C.� - 2022.
PASSED AND ADOPTED on second reading thisof 2022.
Dana Robin Goldman, Mayor
ATT E T: APPROVED AS TO FORM
AND LEGAL SU� ICIENCY:
Maur cio eta cur, CMC, City Clerk Edward A. Dion, City Attorney
4 130
First Reading
Motion:
i
Second: c,-s�, �4
I/
Vote on First Reading:
Mayor Goldman
Vice Mayor Viscarra
Commissioner Joseph
Commissioner Lama
Commissioner Stuyvesant
Vote on Second Reading:
Mayor Goldman
Vice Mayor Viscarra
Commissioner Joseph
Commissioner Lama
Commissioner Stuyvesant
Second Reading j
Motion: r'
Second: &vffw&,�51 "�f`J
/(Yes)
(Yes)
(Yes)
(Yes)
(Yes)
Yes)
(Yes)
(Yes)
(Yes)
(Yes)
(No)
(No)
(No)
(No)
(No)
(No)
(No)
(No)
(No)
(No)
131
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: Dana Robin Goldman, Mayor
DATE: September 15, 2022
RE: Create Article V of Chapter 99 to be Titled "Prohibition of Smoking at Publi,
Beaches and Park Property"
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
The use of tobacco for smoking purposes is being found to be increasingly dangerous, not only to the
person smoking but also to the nonsmoking person who is forced to breathe the contaminated air. A
pervasive intrusion of a non-smoker's right to unpolluted air space is the uncontrolled smoking on
public beaches and parks. The City is committed to keeping its beaches and parks clean, safe, and
healthy for everyone. Smoking is hazardous to health and numerous studies have shown that
secondhand smoke is a significant public health hazard. The United States Environmental Protectior
Agency (EPA) has classified secondhand smoke as a Group A carcinogen, the most dangerous class of
carcinogen. Exposure to second smoke substantially increases the risk in non-smokers of lung cancer,
cardiovascular disease and other acute and chronic health conditions. The CDC has found that
secondhand smoke causes children to suffer from lower respiratory tract illnesses, such as bronchitis
and pneumonia, exacerbates childhood asthma, and increases the risk of chronic middle ear infections
in children. Discarded cigarette and cigarette butts contain the same chemicals and toxins as the
cigarettes themselves, and when discarded, are unsightly, unclean, and particularly hazardous to small
children who handle and sometimes ingest them. Cigarette butts are a significant pollutant on beaches
and, if uncollected, may wash directly into ocean water to the detriment of marine life and all ocean
users. Cigarette butts not biodegradable and contain 200 known poisons, 63 of which are shown to
cause cancer. As of July 1, 2022, the Florida Legislature has enacted Chapter 2022-213, Laws of Florida
which permits municipalities and counties to restrict smoking on their local beaches and in parks.
Prohibiting smoking and the improper disposal of tobacco products on public beaches and parks within
Item Number: 9.0
125
the City is necessary to protect the public health, safety, and welfare of all residents and visitors.
ATTACHMENTS:
Ordinance
Item Number: 9.0
126