HomeMy WebLinkAboutORDINANCE 6046113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6046
File Number: 2018-0135
ENACT § 97.083 SMOKING AND USE OF TOBACCO PRODUCTS:
AN ORDINANCE TO ENACT § 97.083 SMOKING AND USE OF TOBACCO PRODUCTS INTO
CHAPTER 97: PARKS AND RECREATION TO PROHIBIT SMOKING AND TOBACCO USE IN ALL
CITY PARKS AND TRAILS
WHEREAS, according to the Center for Disease Control and Prevention ("CDC"), each year approximately
480,000 people die of diseases caused by smoking, accounting for one out of every five deaths in the
United States, and that the use of cigarettes, smokeless tobacco, cigars, pipes, and other tobacco
products leads to disease and death; and
WHEREAS, studies by the Surgeon General of the United States, by the National Academy of Sciences,
and by other health organizations have linked passive exposure to tobacco smoke (second-hand smoke) to
a variety of negative health conditions in non-smokers; and
WHEREAS, health hazards induced by breathing second-hand smoke include lung cancer, respiratory
infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and
bronchospasm; and
WHEREAS, non-smokers who suffer allergies, respiratory diseases and other ill effects of breathing
second-hand smoke may experience a loss of job productivity and may be forced to take periodic sick
leave because of such adverse reactions; and
WHEREAS, smoking is a potential cause of fires, and cigarette and cigar burns and ash stains on fixtures
cause losses and other damage to property including unsightly litter; and
WHEREAS, the CDC reports that smokeless tobacco use is hazardous to health and can lead to nicotine
addiction, that smokeless tobacco contains at least 28 known carcinogens and causes oral,
Page 1 Printed on 317118
Ordinance: 6046
E 7
pancreatic and esophageal cancer as well as other serious health problems such as gum disease, tooth
decay and mouth lesions; and
WHEREAS, the purpose of this ordinance is to protect the public health, safety and welfare by
prohibiting smoke and other tobacco use in City owned and operated recreational facilities and parks;
and
WHEREAS, the use of tobacco products is counterproductive to citizens and visitors utilizing parks and
recreation facilities for enriching their lives, including the proven mental and physical health benefits that
parks provide; and
WHEREAS, the City expends considerable resources to clean cigarette butt litter and the presence of
such litter contributes to the decline of the appeal of public spaces such as parks, trails, picnic areas
and ball fields; and
WHEREAS, the City has the authority as the owner of the Fayetteville park and trail systems to prohibit
smoking and use of tobacco products on its own property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 97.083 Smoking
and Tobacco Use in Chapter 97: Parks and Recreation of the Fayetteville City Code as follows:
"97.083 - Smoking and Use of Tobacco Products
(A) Smoking and use of tobacco products includes holding a lighted pipe, cigar, or cigarette of any kind, or
lighting, or emitting or exhaling the smoke of, a pipe, cigar, or cigarette of any kind. It also includes
the use of all smokeless tobacco and nicotine -containing products (including, but not limited to, chewing
tobacco, snuff, dip, and snus), electronic cigarettes, vapor devices, or heated devices.
(B) It shall be prohibited for any person to smoke or use tobacco products in any City owned or operated
recreational facilities, parks, and trails.
(C) Exemption: Cessation products approved by the United States Food and Drug Administration such as
nicotine gum, nicotine lozenges, nicotine patches, pharmaceutical nicotine inhalers (not including any
form of electronic products), and nicotine nasal sprays are specifically exempted from this section and
can be used in City owned or operated recreational facilities, parks, and trails.
(D) The City shall post signs in City owned or operated parks, trails, and recreational facilities at the
discretion of the Director of Parks and Recreation notifying the public that smoking and tobacco use of
Page 2 Printed on 317118
Ordinance: 6046
File Number: 2018-0135
any kind are prohibited.
(E) Any person who smokes or uses tobacco products in an area where it is prohibited by this section
shall be guilty of a violation punishable by a fine not exceeding $50.00 per occurrence."
PASSED and APPROVED on 3/6/2018
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 3 Printed on 317118
-� City of Fayetteville, Arkansas 113 West Mountain Street
ti- Fayetteville, AR 72701
`V7S (479) 575-8323
Text File
File Number: 2018-0135
Agenda Date: 3/6/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 6
ENACT § 97.083 SMOKING AND USE OF TOBACCO PRODUCTS:
AN ORDINANCE TO ENACT § 97.083 SMOKING AND USE OF TOBACCO PRODUCTS INTO
CHAPTER 97: PARKS AND RECREATION TO PROHIBIT SMOKING AND TOBACCO USE IN
ALL CITY PARKS AND TRAILS
WHEREAS, according to the Center for Disease Control and Prevention ("CDC"), each year approximately
480,000 people die of diseases caused by smoking, accounting for one out of every five deaths in the United
States, and that the use of cigarettes, smokeless tobacco, cigars, pipes, and other tobacco products leads to
disease and death; and
WHEREAS, studies by the Surgeon General of the United States, by the National Academy of Sciences, and
by other health organizations have linked passive exposure to tobacco smoke (second-hand smoke) to a
variety of negative health conditions in non-smokers; and
WHEREAS, health hazards induced by breathing second-hand smoke include lung cancer, respiratory
infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and
bronchospasm; and
WHEREAS, non-smokers who suffer allergies, respiratory diseases and other ill effects of breathing
second-hand smoke may experience a loss of job productivity and may be forced to take periodic sick leave
because of such adverse reactions; and
WHEREAS, smoking is a potential cause of fires, and cigarette and cigar burns and ash stains on fixtures
cause losses and other damage to property including unsightly litter; and
WHEREAS, the CDC reports that smokeless tobacco use is hazardous to health and can lead to nicotine
addiction, that smokeless tobacco contains at least 28 known carcinogens and causes oral, pancreatic and
esophageal cancer as well as other serious health problems such as gum disease, tooth decay and mouth
lesions; and
WHEREAS, the purpose of this ordinance is to protect the public health, safety and welfare by prohibiting
smoke and other tobacco use in City owned and operated recreational facilities and parks; and
WHEREAS, the use of tobacco products is counterproductive to citizens and visitors utilizing parks and
City of Fayetteville, Arkansas Page 1 Printed on 317/2018
File Number 2018-0135
recreation facilities for enriching their lives, including the proven mental and physical health benefits that parks
provide; and
WHEREAS, the City expends considerable resources to clean cigarette butt litter and the presence of such
litter contributes to the decline of the appeal of public spaces such as parks, trails, picnic areas and ball fields;
and
WHEREAS, the City has the authority as the owner of the Fayetteville park and trail systems to prohibit
smoking and use of tobacco products on its own property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 97.083 Smoking and
Tobacco Use in Chapter 97: Parks and Recreation of the Fayetteville City Code as follows:
"97.083 - Smoking and Use of Tobacco Products
(A) Smoking and use of tobacco products includes holding a lighted pipe, cigar, or cigarette of any kind, or
lighting, or emitting or exhaling the smoke of, a pipe, cigar, or cigarette of any kind. It also includes the use of
all smokeless tobacco and nicotine -containing products (including, but not limited to, chewing tobacco, snuff,
dip, and snus), electronic cigarettes, vapor devices, or heated devices.
(B) It shall be prohibited for any person to smoke or use tobacco products in any City owned or operated
recreational facilities, parks, and trails.
(C) Exemption: Cessation products approved by the United States Food and Drug Administration such as
nicotine gum, nicotine lozenges, nicotine patches, pharmaceutical nicotine inhalers (not including any form of
electronic products), and nicotine nasal sprays are specifically exempted from this section and can be used in
City owned or operated recreational facilities, parks, and trails.
(D) The City shall post signs in City owned or operated parks, trails, and recreational facilities at the discretion
of the Director of Parks and Recreation notifying the public that smoking and tobacco use of any kind are
prohibited.
(E) Any person who smokes or uses tobacco products in an area where it is prohibited by this section shall be
guilty of a violation punishable by a fine not exceeding $50.00 per occurrence."
City of Fayetteville, Arkansas Page 2 Printed on 3/7/2018
City of Fayetteville Staff Review Form
2018-0135
Legistar File ID
3/6/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Connie Edmonston 2/15/2018 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
An Ordinance to amend the City Code by enacting §97.083 Smoking and use of Tobacco Products into
Chapter 97: Parks and Recreation to Prohibit Smoking and Tobacco use in all City Parks and Trails.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Does item have a cost? NA
Budget Adjustment Attached? NA
Previous Ordinance or Resolution # Chapter 97
Original Contract Number:
Comments:
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$ -
Approval Date:
V20180209
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 6, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL MEMO
FROM: Connie Edmonston, Parks and Recreation Director
DATE: February 15, 2018
SUBJECT: An Ordinance to amend the City Code by enacting §97.083 Smoking and
use of Tobacco Products into Chapter 97: Parks and Recreation to Prohibit Smoking and
Tobacco use in all City Parks and Trails
RECOMMENDATION:
An Ordinance to amend the City Code by enacting §97.083 Smoking and use of Tobacco
Products into Chapter 97: Parks and Recreation to Prohibit Smoking and Tobacco use in all
City Parks and Trails.
BACKGROUND:
Parks and Recreation has received numerous requests from citizens to have smoke free parks.
Currently there are at least 30 Arkansas municipalities that enacted a smoke free parks law.
There are several reasons why it is important to have smoke free parks including the right to
clean air, children's safety, provide a model of healthy behavior, fire prevention, groundwater
pollution prevention, and prevention of litter caused by cigarette -butt disposal in parks. The
National Recreation and Parks Association endorsed municipalities to have tobacco free park
laws as of July 1, 2016. We believe smoke free parks will provide a positive impact to our
citizens utilizing parks and trails from a physical, environmental and social nature.
Staff have been working with the NW Tobacco and Drug Free Coalition and the City Attorney's
office on amending City Code by enacting an ordinance to prohibit smoking and the use of
tobacco in any City owned or operated recreational facility, park and trail. This ordinance would
prohibit smoking and the use of tobacco products including lighted pipe, cigar, or cigarettes of
any kind, as well as the use of all smokeless tobacco and nicotine -containing cigarettes, vapor
devices, or heated devices. Cessation products approved by the United States Food and Drug
Administration would be exempt. Examples of exemption would be nicotine gum, lozenges,
patches, inhalers or nasal sprays. Signs will be posted in parks and trails to notify the public of
this ordinance. Any person who smokes or uses tobacco products in a park or trail will be guilty
of a violation of the ordinance and punishable by a fine not to exceed $50 per occurrence.
Mailing Address:
713 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Education and signage will be important to implement this change of ordinance within our city.
The NW Arkansas Tobacco and Drug Free Coalition endorses this ordinance and will assist in
helping to fund signage. See attached letter.
The Parks and Recreation Advisory Board unanimously recommended approval of the Smoke
Free Park ordinance at the February 5, 2018 monthly meeting. See attached minutes.
BUDGET/STAFF IMPACT:
Public education and signage in parks and trails about this ordinance change will be important
to enforce the ordinance. Funding will be available from the existing operation budget as well
as funding assistance pledged from the NW Arkansas Tobacco and Drug Free Coalition.
Attachments:
Endorsement Letter from the NW Arkansas Tobacco and Drug Free Coalition
February 5, 2018 Parks and Recreation Advisory Board Meeting Minutes
An Ordinance to amend the City Code by enacting §97.083 Smoking and use of Tobacco
Products
(�
Y r' r
FRE
December 5th, 2018
RE: ENACT 97.083 PROHIBITING SMOKING AND TOBACCO USE IN CITY PARKS
To Whom It May Concern,
The Northwest Arkansas Tobacco and Drug Free Coalition believes that parks and trail
systems should: provide citizens with the right to breathe clean air, increase child safety by
reducing exposure to second-hand smoke, as well as, third -hand smoke, reduce groundwater
pollution by greatly reducing cigarette -butt pollution, and promote healthy behavior to our youth.
The ordinance proposed by Fayetteville Parks and Recreation can implement positive change and
improve the public health of our rapidly growing community.
The Northwest Arkansas Tobacco and Drug Free Coalition is committed to improving the
quality of life for Arkansans by mitigating the health and economic impact of tobacco through
education, prevention, cessation, and public policy. Historically local efforts are key to reducing
the burdens of tobacco in Arkansas. It is our goal to provide the latest tobacco education and
prevention information to help create positive change in our community.
Sincerely,
The Northwest Arkansas Tobacco and Drug Free Coalition.
NW
A , ACC SUR FREE'DA FH
614 E. Emma Avenue, Suite 300 - Springdale, AR 72764
479-751-7417 x 6011 • www.nwatdfc.org
CITY OF
FAYETTEVILLE
ARKANSAS
Parks and Recreation Advisory Board
February 5, 2018
5:30 PM Board Meeting
City Administration Building Room 326
113 West Mountain Street
Fayetteville, AR
MEETING MINUTES
Members: Richie Lamb, Wade Colwell, Joel Freund, JL Jennings, Chuck Maxwell, Jennifer
Neill, David Profitt, Bill Putman, Dana Smith
City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; John
Crow, Recreation Superintendent; Ted Jack, Park Planning Superintendent; Ken Eastin, Park
Planner; Chanel Pennington, Operations Assistant
1. Call to Order
Lamb called the meeting to order at 5:32 pm.
2. Roll Call
Members Present: Colwell, Jennings, Maxwell, Freund, Lamb, Neill, Putman, and Smith.
Members Absent: Profitt
City Staff: Humphry, Crow, Eastin, Jack, and Pennington.
5. Smoke Free Parks Ordinance Proposal: Byron Humphry, Parks & Recreation
Maintenance Superintendent
Parks and Recreation Staff have been working with the NW Tobacco and Drug Free
Coalition and the City Attorney's office on an ordinance to prohibit the use of smoking and
tobacco in any City owned or operated recreational facilities, parks and trails. See
proposed ordinance. If approved by PRAB, the ordinance will go before City Council for
final approval and it would go into effect in 30 days.
Layla Lopez -gave a presentation for the Community Clinic of NWAR - NW AR Tobacco
and Drug Free Coalition.
Lopez -love discussed the following:
1. Mission, history, and achievements of the NW AR Tobacco and Drug Free
Coalition.
2. Research and findings of smoke free park laws.
3. Fort Smith Ordinance
4. Reasons to go smoke free
a. Right to clean air
b. Children's safety
c. Fire prevention
d. Environmental effects
Mailing Address:
713 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
e. Tourism
f. Grant Incentives & NRPA Endorsement
5. Enforcement, NW AR Coalition will help with signage in the parks and staff
education.
Colwell said he is in favor of the ordinance.
Lamb read the proposed ordinance to the Board.
Putman asked if the proposed ordinance was modeled after other municipalities.
Crow said many of the 'WHEREAS' were modeled after the City of Fort Smith's ordinance.
Parks staff also worked with the City Attorney.
Smith asked if someone was smoking in their car, in a park, if they would be fined. She
had concerns about the enforcement of the proposed ordinance.
Freund said it may help empower people to say something.
Lamb said he was in support as well.
Staff Recommendation: PRAB to approve the proposed Smoke Free Parks Ordinance..
PRAB Recommendation: Colwell made a motion to accept the recommendation,
Maxwell seconded the motion. Motion passed, 8-0-0.
10. Adiourn
Lamb adjourned the meeting at 7:05 pm.
PRAB minutes provides the basic discussions and motions of the PRAB meeting. For more
information, please refer to the PRAB meeting video provided on the city's website,
www.fayetteville-ar.gov.
RECEIVED
Democmt**AytWE
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette,
printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my
own personal knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6046
Was inserted in the Regular Edition on:
March 15, 2018
Publication Charges $260.00
ce� 4
Y
Cathy Wiles
Subscribed and sworn to before me
This 28 day of , 2018.
JamPW�-
Notary Public
My Commission Expires: zf12(2sl
TAS1b1Y RUSHER
Notary Public -Arkansas
Washington County
Commission r /2703120
htv Commission Expires Fel.• 12.2028
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6046
File Number: 2018-0135
ENACT § 97.083 SMOKING AND
USE OF TOBACCO PRODUCTS:
AN ORDINANCE TO ENACT §
97.083 SMOKING AND USE OF
TOBACCO PRODUCTS INTO
C14APTER 97: PARKS AND
RECREATION TO PROHIBIT
SMOKING AND TOBACCO USE IN
ALL CITY PARKS AND TRAILS
WHEREAS, according to the Center for
Disease Control and Prevention
("CDC"), cacti year approximately
480,000 people clic ofdiseases caused by
smoking, accounting for one out of
every Eve deaths in the United States,
and that tine use ofcigarettes, smokeless
tobacco, cigars, pipes, and other tobacco
products leads to disease and death; and
WHEREAS, studies by the Surgeon
General of the United States, by the
National Academy of Sciences, and by
other health organizations have linked
passive exposure to tobacco smoke
(second-hand smoke) to a variety of
negative health conditions in non-
smokers: and
WHEREAS, health hazards induced by
breathing second-hand smoke include
lung cancer, respiratory infection,
decreased exercise tolerance, decreased
respiratory function,
bronchoconstriction, and bronchospasm;
and
WHEREAS, non-smokers who suffer
allergies, respiratory diseases and other
ill effects of brcathing second-hand
smoke may experience a loss of job
productivity and may be forced to take
periodic sick leave because of such
adverse reactions; and
WHEREAS, smoking is a potential
cause of fires, and cigarette and cigar
burns and ash stains on fixtures cause
losses and other damage to properly
including unsightly litter; and
WHEREAS, the CDC reports that
smokeless tobacco use is lumairdous to
health and can lead to nicotine addiction,
that smokeless tobacco contains at least
28 known carcinogens and causes oral,
pancreatic and esophageal cancer as well
as other serious health problems such as
gum disease, tooth decay and mouth
lesions: and
Wl{EREAS, the purpose of this
ordinance is to protect the public health,
safety and welfare by prohibiting smoke
and other tobacco nse in City owned and
operated recreational facilities and
parks: and
WIiEREAS, the use of tobacco products
is counterproductive to citizens and
visitors utilizing parks and recreation
facilities for enriching ihcir lives,
including the proven mental and
physical heahh benefits that parks
provide: and
WHEREAS, the City expends
considerable resources to clean cigarette
butt litter and the presence of such litter
contributes to the decline of the appeal of
public spaces such as parks, trails, picnic
areas and ball fields: and
WHEREAS, the City has the authority as
the owner of the Fayetteville park and
trail systems to prohibit smoking and use
of tobacco products on its own property.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL.
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
enacts § 97.083 Smoking and Tobacco
Use in Chapter 97: Parks and Recreation
of the Fayette0h; City Code as follows:
"97.083 - Smoking and Use of Tobacco
(A) Smoking and use of tobacco
products includes holding a lighted pipe,
cigar, or cigarette of any kind, or lighting,
or emitting or exhaling the smoke of, a
pipe, cigar, or cigarette of any kind. It
also includes the use of all smokeless
tobacco and nicotine -containing products
(including, but not limited to, chewing
tobacco, snuff, dip, and snus), electronic
cigarettes, vapor devices, or heated
devices.
(B) It shall be prohibited for any
person to smoke or use tobacco products
in any City owned or operated
recreational facilities, parks, and trails.
(C) Exemption: Cessation
products approved by the United States
Food and Drug Administration such as
nicotine gum, nicotine lozenges, nicotine
patches, pharmaceutical nicotine inhalers
(not including any form of electronic
products), and nicotine nasal sprays are
specifically exempted from this section
and can be used in City owned or
operated recreational facilities, parks, and
trails.
(D) The City shall post signs in
City owned or operated parks, trails, and
recreational facilities at the discretion of
the Director or Parks and Recreation
notifying the public that smoking and
tobacco use of any kind are prohibited.
(E) Any person who smokes or
uses tobacco products in an area where it
is prohibited by this section shall be
guilty of a violation punishable by a fine
not exceeding 550.00 per occurrence."
PASSED and APPROVED on 3/6/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74460821 Mar. 15, 2018
