HomeMy WebLinkAboutWS Item 01 - Tobacco Free J) [) F �
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MEMO TO: HONORABLE MAYOR AIVD MEMBERS OF THE CITY COUNCIL
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FROM: BRUNO RUMBELOW, CITY MANAGER � �
MEETING DATE: APRIL 6, 2010
SUBJECT: WORKSHOP — TOBACCO FREE ORDINANCE RELATING TO
PARKS
BACKGROUND:
At the June 18, 2009 Parks & Recreation Advisory Board meeting, fhe Board discussed
a "no tobacco" ordinance for athlefiic facilities in Grapevine at the request of the youth
athletic associations. At the meeting, the Board also discussed including the Bo#anical
Gardens as a "tobacco free" park facility. A motion was approved by the Board to
recommend to the City Council to approve an ordinance for "tobacco free" athletic
fiacilities and Botanical Gardens. The motion passed unanimously.
At the July 21, 2009 Council meeting, the efFort was broadened to include athletic
facilities, Botanical Gardens, neighborhood parks and regional parks.
At the October 20, 2009 workshop, the Council asked that the ordinance be taken back
to the Parks & Recreation Advisory Board and then be brought to the City Couneil again
for consideration if the Board recommended any changes in the ordinance.
The Parks & Recreatian Advisory Board considered the ordinance again at their
November 19, 2009 meeting. The Board voted to reiterate its original recommendation
for "tobacco free" athletic facilities and the Botanical Gardens. The athletic facilifiies
specifically recommended are. the Oak Grove Softball Complex, Oak Grove Soccer
Complex and the Meadowmere Park Soccer Complex. A copy of the original ordinance
is attached for your review.
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AprEl 2,2010(10:06AM}
� ORDINANCE NO. 2009-25
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� AN QRDlNANGE OF THE CITY COUNClL UF THE CITY
OF GRAPEVl�IE, TEXAS AMENDlt�G CHAPTER �6
PARKS AND RECREATION, ARTICLE I, BY THE
ADDITION OF SECTION 16-�8 RELATfNG TO CERTAIN
TOBACC(� FREE PARKS AND PARK FACILITIES;
PI-�C�`VE�(t�C� F'OR TFi�. PLA�E�U[E�lT 4F �IGNS;
PROVID[NG FOR A PENALTY OF FlNE NUT TO EXCEED
TWO HUNDRED DOLLARS ($2�0.00} FUR EACH
OFFE�ISE IN VIOLAT(ON OF THE ORDINANCE AND
PROV)DING FQI�AN EFFECTfVE DATE
WHEREAS, the City Counc�l of the City of Grapevine is concerned abaut fhe
impact of the use af tobacco products in public places where adulfs and children gather
fcir the purp�se af enjaying parks and recreafiion in Grapevine; and
� WHEREAS; it is a generally accepted principle that the use of cigarettes, second-
hand smoke and athertobacco products constitu#e a hazard ta a �erson's h�alth; and
WHEREAS, the City Council desires to prohi�it the use of tobacca products in
s cer�ain publ�c places to pratect the public`s health; and
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€ 1NHEREAS, the City Council deems the adapfian flf this Ordinance to be in the
b�sf interests of tFte health, safety, and welfare af the public.
NQW, THER�FORE, BE (T ORDAINED BY THE CITY COUNCIL OF THE ClTY
OF GRAPEVINE, TEXAS:
Section �. That a!I matters sfiated hereinabove are faund to be true and carr�ct
and are incorporated fierein by references as if copied in their entirety.
Section 2. Tfiat the Grapevine Cade af Ordin�nces, Chap�er 16 Parks an�
Recreation, Article 1, be amended ta incfude Section 16-�8 entitled"Tabacco �ree Parks
and Park Faciiities" and to be read as follows: .
"�a) If shall be unlav+rful for any person to smoke tobacco, chew tobacco or dip
tobacco or snuff at any parks or parks facilify owned or leased by fihe City of
Grapevine that has been posted "This Park/Park Faci[ity is Tobacca Free".
�b) The City Council shall by Resolution designate any Cifiy owned or leased
park or park facility as Tobacco Free and upon such designation, the Ciiy
Manager ar his designee is authorized ta posfi signs giving notice �hat such action
� is prohibiteef in such park or park facility."
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;��`� Section 3. That any person violating any provision af this ordinance shall be
' � deemed guilty of a misdemeanor and upan convictian thereof shall be fined in a sum not
� ta exceed Two Hundred ($200.00) for each offense and a separate offence sha{I be
. deemed commit�ed each day or on which an offence occurs or continues.
Section 4. That if any sectiori, article, paragraph, sentence, cfause, phrase or
word in tfiis ardinance, or application thereta any person or circumstances is held invafid
or unconstitutional by a Court of competent jurisdiction, such ho[ding shall not affect the
validity of the remaining po�tions of this ordinance; and the City Council hereby declares
it wou�ld have passed such remaining portions of the ordinance despite such inva(idity,
which remaining portions shalf remain in full force and effect.
Section 5. That the facfi that the present ordinances and regufations of the City
of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general weffare of the inhabitants of the City of Grapevine, Texas, creates an
erriergency for the immediate preservation of pub[ic business, property, health, safety
and general welfare of the public r►vhich requires that this ordinance shal[ become
effec#iue from and after the date of its passage, and it is accordingly so ordain�ed.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2�st day of July, 2009.
r - APPROVED:
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���'� ;.'t\'r' � f 1�S
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William D. Tate '
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Mayor �, ' '� ` ,
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ATT'EST:
,
Lin a Huff
�ity Secretary
APPROVED AS TO FORM:
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—; John F. Boyle, Jr.
', City Attorney
ORD. NO. 2009--25 2