HomeMy WebLinkAbout2019-014-416 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,
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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.
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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
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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)
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Ordinance No 2019-014-416