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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 a1�t�strtrrrr�� sr'7Ufi��� mIAYFIif_Vlf.fL° K Mfw • +yin 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