TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Prohibiting Smoking at Public Parks; Amending the Code of the City of North Port, Florida to Create a New Section 46-64; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
First Reading - Continue Ordinance No. 2023-33 to second reading.
Second Reading - Approve Ordinance No. 2023-33.
Third Reading - Approve Ordinance No. 2023-33.
Background Information
Effective July 1, 2022, HB 105 amended Florida Statutes Section 386.209, authorizing municipalities to prohibit smoking (but not unfiltered cigars) within the boundaries of any public parks owned by the municipality.
On July 11, 2023, the City Commission voted 4-1 to direct the City Attorney to draft an ordinance prohibiting smoking of cigarettes and vaping in City parks and including designated smoking areas; the motion also directed staff to report back on the cost of designated smoking areas and enforcement considerations.
This ordinance specifically identifies the existing and planned City-owned public park locations where smoking is prohibited. Identifying parks by name will aid in enforcement by providing codified notice of the location of the prohibited conduct.
According to the North Port Police Department, enforcing this ordinance will create no substantial business or operational impact to the Police Department.
The Business Impact Estimate for this ordinance will be posted timely prior to second reading, per Florida Statutes Section 166.041(4).
Second Reading - On November 14, 2023, the City Commission conducted first reading and continued the ordinance to second reading on November 28, 2023. As directed by the City Commission at first reading, the ordinance has been revised to include City Center Green Complex as a park where smoking is prohibited.
Additionally, staff has identified the City’s three natural parks, Warm Mineral Springs Park, Myakkahatchee Creek Environmental Park, and Oaks Park, as parks having no designated smoking area.
The Business Impact Estimate for this ordinance was posted on the City's website on November 14, 2023 and advertised on November 17, 2023.
Third Reading - On November 28, 2023, the City Commission unanimously voted to continue the ordinance to a third reading on December 12, 2023.
Strategic Plan
Quality of Life
Financial Impact
The ordinance provides for signage and receptacles to identify designated smoking areas. These items are estimated to cost $4,000 and will be paid from Parks and Recreation Account No. 00130385724700. Grants from the Florida Department of Health may be available to offset these costs in whole or in part.
Procurement
Not Applicable
Attachments:
1. Ordinance No. 2023-33 - First Reading
2. Ordinance No. 2023-33 - Second Reading
3. Ordinance No. 2023-33 - Third Reading
4. Florida Statutes Section 386.209
5. Business Impact Estimate
Prepared by: Michael Golen, Deputy City Attorney
Department Director: Amber L. Slayton, B.C.S., City Attorney