TO: Honorable Mayor & Members of the North Port Commission
FROM: Heather Faust, MMC, City Clerk
TITLE: Discussion and Possible Action Regarding the Prohibition of Smoking in Public Parks and Recreation Areas
Recommended Action
Direct staff to draft an Ordinance prohibiting smoking in public parks and recreation areas.
Background Information
On July 1, 2022, House Bill (HB) No. 105 Regulation of Smoking by Counties and Municipalities, became law in the State of Florida. HB No.105 authorizes the regulation of smoking in any City-owned public park, and any County-owned public park within the City’s jurisdiction where the City’s regulations do not conflict with a County Ordinance. This Bill does not affect the preemption of Florida law on the regulation of smoking cigars or the City’s current ability to regulate where vaping is permitted.
Should regulations related to smoking be desired, it is recommended that these be adopted as part of the Code of the City of North Port, Florida. Adoption can be accomplished either as a stand-alone section or as part of the facility rules provided in Section 46-1 of the Code of the City of North Port, Florida. A draft Ordinance amending the Code of the City of North Port, Florida, will be processed in accordance with established procedures including legal review by the City Attorney’s Office and legal advertisement prior to being scheduled at a City Commission Meeting for the Commission’s consideration.
For reference, the City previously cited smoking regulations in Section 50-6 of the Code of the City of North Port, Florida. However, the City Commission repealed these regulations through the adoption of Ordinance No. 2019-38 in September of 2019.
On September 13, 2022, Commission discussed this item. A motion was made to direct staff to draft an Ordinance prohibiting smoking in public parks. The motion failed.
Commissioner Stokes has requested this matter be brought to Commission for further discussion.
Strategic Plan
Quality of Life
Financial Impact
All neighborhood and community parks throughout the City have visible park rules signs to notify patrons of regulations related to utilizing the park location. Pending direction, park signs may require updating or replacement. The cost will be determined based upon recommended changes to City Codes.
Procurement
Not applicable.
Attachments:
1. HB No. 105
2. City Code Section 46-1
3. Ordinance No. 2019-38
4. City Code Section 50-6
5. 9-13-22 Minutes
Prepared by: Heather Faust, MMC, City Clerk, on behalf of Commissioner Stokes
Department Director: Heather Faust, MMC, City Clerk