Ordinance No. 2022-15 Creating Section 33-3 Prohibiting Smoking in City Parks - September 13, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-15
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE, TO
CREATE SECTION 33-3 "SMOKING PROHIBITED" TO PROHIBIT
SMOKING IN CITY PARKS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 386, Part II of Florida Statutes, the Florida Clean Indoor Air
Act, implements Article X, Section 20 of the Florida Constitution, which prohibits a person
from smoking tobacco or using a vapor-generating electronic device in an enclosed
indoor workplace, with certain exceptions; and
WHEREAS, currently, Florida Statutes preempt the regulation of smoking and
does not allow counties or municipalities to regulate smoking; and
WHEREAS, on June 24, 2022, the Florida Governor signed into law House Bill
105 ("HB 105"), which amends the Florida Clean Indoor Air Act to allow counties and
municipalities to restrict smoking within the boundaries of any public beach or park,
except for unfiltered cigars; and
WHEREAS, the City desires to prohibit smoking in its municipal parks; and
WHEREAS, the City Commission deems it to be in the best interest of the City to
adopt this Ordinance creating Section 33-3 to prohibit smoking in City parks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Chapter 33 "Parks and Recreation" of
the City Code is hereby amended to create Section 33-3 "Smoking Prohibited" to read
as follows:
CHAPTER 33 — PARKS AND RECREATION
Section 33-3. Smoking Prohibited.
(a) For purposes of this Section, "park' shall mean any land, water area, or trail
Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by stFilke
City of Aventura Ordinance No. 2022-15
corridor and all facilities thereon, under the jurisdiction, control, or ownership of
the City.
(b) It shall be unlawful for any person to smoke in a park, except for the smoking of
unfiltered cigars.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura; that the sections of this
Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Friedland, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Landman and upon
being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Vice Mayor Landman, who moved its
adoption on second reading. This motion was seconded by Commissioner Joel and upon
being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Absent
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2022-15
PASSED on first reading this 19t" day of July, 2022.
PASSED AND ADOPTED on second reading this 13t" day of September, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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