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HomeMy WebLinkAboutWS Item 01 - Tobacco Ordinance for Parks WK ITEM # MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER b'2 MEETING DATE: JULY 7, 2009 SUBJECT: WORKSHOP — DISCUSS A TOBACCO ORDINANCE FOR PARKS AND PARK FACILITIES BACKGROUND: The Boards of the Grapevine Girls Softball Association, Grapevine Youth Baseball and the Grapevine-Southlake Soccer Association have all passed motions in support of a tobacco ordinance for the athletic fields in Grapevine. The Parks & Recreation Advisory Board discussed a proposed ordinance at the June 18th meeting. The Board supports a tobacco free ordinance for the athletic fields and recommends the Botanical Gardens be included on the list of parks and park facilities that are tobacco free. The Council Facilities Committee discussed the proposed tobacco ordinance at their June 25th meeting. The Committee supports the ordinance as it relates to the athletic fields and Botanical Gardens and also recommends including all neighborhood parks in Grapevine. Staff worked with City Attorney Matthew Boyle on drafting an ordinance that is flexible. If the Council wants to designate other parks or park facilities as tobacco free in the future, the ordinance will not need to be amended. Once the City Council designates a park or park facility as tobacco free, staff will post signage at the park or park facility with the following wording. "This Park/Park Facility is Tobacco Free". The ordinance number will also be posted on the signage. The proposed ordinance is attached for review. DE July 1, 2009(11:59AM) 0, 0.7 ORDINANCE NO. 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. 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/Facility is Tobacco Free". (b) The City Council is authorized to designate any City owned or leased park or park facility as Tobacco Free and to post signs giving notice that such action is prohibited in such park or park facility. Section 3. 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. 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. 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 day of July, 2009. APPROVED: William D. Tate, Mayor ATTEST: APPROVED AS TO FORM: Linda Huff, City Secretary Matthew Boyle, City Attorney