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HomeMy WebLinkAboutReso 2012-1855 RESOLUTION NO. 2012- l eS5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND THE FLORIDA CLEAN INDOOR AIR ACT TO BAN SMOKING IN OUTDOOR COMMON AREAS OF A CONDOMINIUM EXCEPT IN AREAS SPECIFICALLY DESIGNATED FOR SMOKING; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE PRESIDING OFFICER OF THE FLORIDA HOUSE OF REPRESENTATIVES AND FLORIDA SENATE, SENATOR GWEN MARGOLIS, REPRESENTATIVE RICHARD STEINBERG, FLORIDA LEAGUE OF CITIES, AND MIAMI- DADE LEAGUE OF CITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City recognizes the dangers of second-hand smoke and the various health problems associated with it; and WHEREAS, the Florida Clean Indoor Air Act already prohibits smoking within certain indoor common areas but does not explicitly ban smoking in all outdoor common areas; and WHEREAS, the presence of second-hand smoke in outdoor common areas unwillingly exposes nonsmoking unit owners to the dangers associated with secondhand smoke they would not otherwise be exposed to; and WHEREAS, nonsmoking unit owners are unable to enjoy outdoor common areas so long as smoking is unrestricted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Urging the Florida Legislature to amend Florida's Clean Indoor Air Act. The City Commission hereby urges the Florida Legislature to amend the Clean Indoor Air Act to ban smoking in multi-family buildings outdoor common areas including but not limited to patios and balconies, of a condominium except in areas specifically designated for smoking. For the purpose of this Resolution, the term common areas include "exclusive control common areas" like balconies and patios. Section 2. Direction to City Clerk. The City Commission hereby directs the City Clerk to transmit a copy of this resolution to the Presiding Officer of the Florida House of Representatives and Florida Senate, Senator Gwen Margolis, Representative Richard Steinberg, Florida League of Cities, Miami-Dade League of Cities, and Ron Book. Amend The Clean Air Act Page 1 of2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this lie. --4-.. day of February 2012. ATTEST: ~~itY~er~ APPROVED AS TO FORM AND A S FFICIENCY: Moved by: \k... M~ Wl'\l.~i( Seconded by: llrv'\~s..Sl~-.J<c..R.. ~Li ();\) Vote: 5-1) Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl --tL (Yes) -----LL-(Yes) ~(Y es) v (Yes) =:J:Z':(Yes) _(No) _(No) _(No) _(No) _(No) Amend The Clean Air Act Page 2 of2 t'revlew page 1 ot 1. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Commissioner Jeanette Gatto DATE: 2/1612012 RE: Resolution Urging an Amendment to Florida's Clean Indoor Air Act RECOMMENDATION: The Resolution is presented for your consideration. REASONS: The dangers of breathing in second-hand smoke are clearly known. In fact, Florida's voters overwhelmingly approved a state constitutional amendment that called for reinstating of, tobacco education and use prevention programs. This program is a comprehensive effort to reduce tobacco use in the State of Florida. Moreover, medical reports have indicated that second-hand smoke may cause serious medical problems for non-smokers. The dangers of second-hand smoke are magnified within a condominium due to inherent shared common areas as well as the lack of outdoor areas. Presently, Florida's Clean Indoor Air Act expressly prohibits smoking in most indoor locations. These include hallways, elevators, lobbies, aisles, restrooms, stairwells, and conference rooms in condominiums. However, the Act does not apply to outdoor common areas such as parking lots, swimming pool areas, playgrounds, balconies and patios. This has led to certain outdoor common areas becoming so thick with smoke that nonsmoking residents cannot enjoy these outdoor spaces without breathing in the dangerous and carcinogenic particles. Additionally, individual condominiums become vulnerable to second-hand smoke, which travels through ventilation systems and from balconies of smokers in adjacent apartments. This Resolution before the Commission will urge and advocate for the Florida Legislature to amend the Clean Indoor Air Act to prohibit smoking in all outdoor common areas including but not limited to patios and balconies. http://sibagenda.sibfl.net/agenda/Preview.aspx?ltemID=711 &MeetingID=O&MeetingDate=... 2/9/2012 t'reVlew rage L 01 L ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/ agenda/Preview. aspx?l temID=711 &MeetingID=O&MeetingDate=... 2/9/2012