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2019-014-416 Prohibition of Nicotine Vaporizers at Parks ORDINANCE NO. 2019-014-416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 18- PARKS AND RECREATION, DIVISION 8. - UNDESIRABLE ACTS AND BEHAVIOR OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES BY ESTABLISHING A PROHIBITION OF NICOTINE VAPORIZERS (E-CIGARETTES) THROUGHOUT THE CITY'S PARKS. PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a fundamental purpose of municipal government is to promote and protect the health, safety and general welfare of its residents and visitors, and WHEREAS, the City of Miami Gardens ("City") Parks and Recreation Department has established rules, relating to the use of the City's Parks, with the goal of providing the City's residents and visitors with a safe and enjoyable environment, and WHEREAS, the U.S. Surgeon General's Report has concluded that secondhand smoke exposure causes disease and premature death in children and adults who do not smoke, and that children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS). Equally important, adults exposed to secondhand smoke experience immediate and destructive adverse effects on the cardiovascular system, which leads to causes of coronary heart disease and lung cancer, and WHEREAS, according to recent empirical studies and widespread news reports, the use of electronic cigarettes (a-cigarettes) has skyrocketed to alarming popularity across the nation, particularly among America's youth, and WHEREAS, as reported by Johns Hopkins Medicine, the primary agent in both regular cigarettes and a-cigarettes is nicotine, which is a highly addictive chemical and will cause the user to suffer withdrawal symptoms should there be a termination of the consumption of any nicotine product. Nicotine is a toxic substance, which raises blood pressure and spikes adrenaline, which in turn increases heart rate and the likelihood of having a heart attack, and WHEREAS, the Center for Disease Control and Prevention ("CDC") has recently reported a direct link between vaping a-cigarettes and lung disease, which have resulted in at least two (2) deaths. As such, there are many unknown destructive side effects concerning a-cigarettes, including what chemicals are utilized in the vaping substance, and how they affect physical health over the long-term period of time, and WHEREAS, the Mayor and City Commission hereby finds that it is in the best interest of the City of Miami Gardens to protect the health, safety and welfare of the City's residents and visitors, and to prohibit the smoking of nicotine vaporizers or similar products throughout the City's Parks, and to further direct the Administration to modify and place all appropriate City Park signage in order to notify the public of this prohibition, and WHEREAS, Florida Statutes §386.209, Regulation of smoking preempted to state, "... does not preclude the adoption of municipal or county ordinances that impose more restrictive regulation on the use of vapor-generating devices ...", thereby authorizing the City to regulate vaping, Page 2 of 5 Ordinance No 2019-014-416 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1 . ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 18 - Parks and Recreation, Division 8. - Undesirable Acts and Behavior is hereby amended as follows: Sec. 18-248. - Nicotine dispensing device. Definitions. (a) "Vape" or "vaping" means to inhale or exhale vapor produced by a vapor- generating electronic device or to possess a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of a vapor-generating electronic device. "Vapor" means aerosolized or vaporized nicotine or other aerosolized or vaporized substance produced by a vapor-generating electronic device or exhaled by the person using such a device. (c) "Vapor-generating electronic device" means any product that employs an electronic, a chemical, or a mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of a solution or other substance intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. (2) Prohibitions. A person may not vape or use vapor-generating electronic devices throughout City Parks. Page 3 of 5 Ordinance No 2019-014-416 (3) Penalties. Any person who violates any provision of this section commits a municipal ordinance violation and may be subject to civil penalties in accordance with Chapter 8, regarding code enforcement. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 13TH DAY OF NOVEMBER, 2019. PASSED AND ADOPTED on second reading this 11TH day of DECEMBER, 2019. CITY OF MIA I GARDENS, FLORIDA By: OLIVER GILBERT, III, MAYOR Page 4 of 5 Ordinance No.2019-014-416 ATTEST: _ , MARIO TAI LE.. CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ... CITY ATTORNEY SPONSORED BY: DAVID WILLIAMS JR, COUNCILMAN Moved by: (0"3(-runW S Second by: V%c'F Mayor? VOTE: :� - 0 Mayor Oliver Gilbert I II x (Yes) (No) Vice Mayor Rodney Harris x (Yes) (No) Councilman Reggie Leon x (Yes) (No) Councilwoman Lillie Odom x(Yes) (No) Councilwoman Katrina Wilson x (Yes) (No) Councilman David Williams Jr. x_(Yes) (No) Councilman Erhabor Ighodaro. Ph.D. < (Yes) _(No) Page 5 of 5 Ordinance No 2019-014-416