HomeMy WebLinkAboutORD 2009-025 ORDINANCE NO. 2009-25
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING CHAPTER 16
PARKS AND RECREATION, ARTICLE I, BY THE
ADDITION OF SECTION 16-18 RELATING TO CERTAIN
TOBACCO FREE PARKS AND PARK FACILITIES;
PROVIDING FOR THE PLACEMENT OF SIGNS;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE IN VIOLATION OF THE ORDINANCE AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine is concerned about the
impact of the use of tobacco products in public places where adults and children gather
for the purpose of enjoying parks and recreation in Grapevine; and
WHEREAS, it is a generally accepted principle that the use of cigarettes, second-
hand smoke and other tobacco products constitute a hazard to a person's health; and
WHEREAS, the City Council desires to prohibit the use of tobacco products in
certain public places to protect the public's health; and
WHEREAS, the City Council deems the adoption of this Ordinance to be in the
best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by references as if copied in their entirety.
Section 2. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article I, be amended to include Section 16-18 entitled "Tobacco Free Parks
and Park Facilities" and to be read as follows:
"(a) It shall be unlawful for any person to smoke tobacco, chew tobacco or dip
tobacco or snuff at any parks or parks facility owned or leased by the City of
Grapevine that has been posted "This Park/Park Facility is Tobacco Free".
(b) The City Council shall by Resolution designate any City owned or leased
park or park facility as Tobacco Free and upon such designation, the City
Manager or his designee is authorized to post signs giving notice that such action
is prohibited in such park or park facility."
Section 3. That any person violating any provision of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Hundred ($200.00) for each offense and a separate offence shall be
deemed committed each day or on which an offence occurs or continues.
Section 4. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 5. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of July, 2009.
APPROVED:
4‘76-%
William D. Tate
Mayor
ATTEST:
Lin•a Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2009-25 2