City of North Port - File #: ORD. NO. 2023-33

• File #: ORD. NO. 2023-33
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/13/2023
• In control: City Commission Regular Meeting
• On agenda: 12/12/2023
• Final action: 12/12/2023
• 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

Date	Ver.	Action By	Action	Result
12/12/2023	1	City Commission Regular Meeting	amended	Pass
12/12/2023	1	City Commission Regular Meeting
12/12/2023	1	City Commission Regular Meeting	approved as amended	Pass
11/28/2023	1	City Commission Regular Meeting	continued	Pass
11/14/2023	1	City Commission Regular Meeting	adopted	Pass
11/14/2023	1	City Commission Regular Meeting
11/14/2023	1	City Commission Regular Meeting	adopted	Pass

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 a...