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Home My WebLink AboutOrdinance 23221-05-2018 ORDINANCE NO. 23221-05-2018 AN ORDINANCE AMENDING CHAPTER 29.5, "SMOKING", OF THE CODE OF THE CITY OF FORT WORTH,(2015)AS AMENDED,SECTION 29.5-1 BY ADDING A DEFINITION OF PARK; AMENDING SECTION 29.5-2 "SMOKING PROHIBITED" TO PROHIBIT SMOKING IN PARKS OR OTHER OUTDOOR RECREATIONAL AREAS OWNED OR MANAGED BY THE CITY, OR WITH TEMPORARY WRITTEN EXCEPTION BY THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE 90 DAYS FROM THE DATE OF ADOPTION. WHEREAS, on or about August 21,2007,the City Council adopted Ordinance No. 17719 to prohibit smoking in public places and to provide some exceptions to the prohibition, (the Smoking Ordinance); WHEREAS, the amended such ordinance to prohibit smoking in bars and bingo parlors on December 12, 2017; WHEREAS, the City Council directed City staff to address smoking in outdoor areas owned by the City such as parks and open spaces near libraries; WHEREAS, the City Council has the authority to prohibit smoking on City property; and WHEREAS, the City Council finds that prohibiting smoking in parks is in the best interests of its citizen to protect public health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 29.5-1, "Definitions", of Chapter 29.5 "Smoking," Part II of the Code of the City of Fort Worth, Texas (2015), shall be amended include a definition for Park as follows: PARK. The areas of land dedicated and used as parkland, or city- owned land used for a park or recreational purpose that is under the administrative control of the Park and Recreation Department. The term includes the botanic garden, buildings, playgrounds, athletic fields, nature preserves, swimming pools and parking lots, driveways, pathways, trails and other areas within a park. The term does not include the outdoor areas of a City golf course or the unenclosed areas of Will Rogers Memorial Center. SECTION 2. Section 29.5-2, "Smoking Prohibited", of Chapter 29.5 "Smoking", Part II of the Code of the City of Fort Worth, Texas (2015), shall be amended to include Park to the smoking prohibition, and renumber the subsections as follows: § 29.5-2 SMOKING PROHIBITED. (a) A person commits an offense if the person smokes in a public place. (b) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased or operated by the city. (c) A person commits an offense if the person smokes in an enclosed area of a place of employment. (d) A person commits an offense if the person smokes within 20 feet from a primary entrance or openable window of an enclosed area in which smoking is prohibited. (e) A person commits an offense if the person smokes in a Park. This prohibition does not apply to those areas of a Park to which an outdoor special event permit was issued under the rules and regulations set by the Director of the Park and Recreation Department. (f)Notwithstanding any other provision of this section, any owner, operator, manager or any other person who controls any establishment or facility may declare the entire establishment or facility as a nonsmoking establishment. SECTION 3. CUMULATIVE PROVISIONS This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth,Texas(2015),as amended,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code,in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrase,clause,sentence,paragraph or section of this ordinance are severable and, if any phrase, clause,sentence,paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 5. PENALTY CLAUSE Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than five hundred dollars($500.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. RIGHTS AND REMEDIES All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. PUBLICATION The City Secretary of the City of Fort Worth,Texas, is hereby directed to publish the caption of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect 90 days from the date of adoption provided publication is made as required by law. APPROVED AS TO FORM AND LEGALITY: ATTEST: By: � By: 4 Christa A. Lopez-Re olds v MaryJLV Senior Assistant City Attorney City Secretary ADOPTED: May 15,2018 EFFECTIVE: August 13,2018 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/15/2018 - Ordinance No. 23221-05-2018 DATE: Tuesday, May 15, 2018 REFERENCE NO.: G-19284 LOG NAME: 23SMOKING SUBJECT: Adopt Ordinance Amending Chapter 29.5, "Smoking," of the City Code to Prohibit Smoking in City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center and as Allowed by the Director of the Park and Recreation Department and Providing an Effective Date 90 Days from Adoption (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter 29.5, "Smoking," of the City Code to prohibit Smoking in City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center; and to allow the Park and Recreation Department Director to create rules to permit smoking in segregated areas of parks; and providing the ordinance to be effective within 90 days of adoption. DISCUSSION: In 2017 (effective March 12, 2018), the City Council approved Ordinance No. 23047 prohibiting smoking in bars and bingo parlors and prohibiting retail smoke shops within 300 feet of schools, universities and hospitals. The City Council subsequently requested staff to study and bring back additional regulations pertaining to parks and other outdoor public spaces. City staff benchmarked other cities and learned the following: • Fort Worth is the only large Texas city that allows smoking in parks. • San Antonio and Arlington partially prohibit smoking in parks; e.g. pavilions, children playground, outdoor seating venues. • Dallas, EI Paso, Austin, and Houston fully prohibit smoking in parks— Dallas and Austin have exceptions for golf courses. Therefore, city staff is proposing the following recommendations to Chapter 29.5, " Smoking," of the City Code: • Prohibit Smoking in all areas of City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center. • Parks Director may create objective rules to permit smoking in designated areas of parks. Furthermore, the ordinance would define Park to be "the areas of land dedicated and used as parkland, or city-owned land used for a park or recreational purpose that is under the administrative control of the Park and Recreation Department. The term includes the botanic garden, buildings, playgrounds, athletic fields, Logname: 23SMOKING Page 1 of 2 nature preserves, swimming pools and parking lots, driveways, pathways, trails and other areas within a park. The term does not include the outdoor areas of a City golf course or the unenclosed areas of Will Rogers Memorial Center. " The Park Board voted to approve and support the attached ordinance at its March 28, 2018 meeting and recommended a 90-day implementation time frame after adoption by City Council. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO Fun(il Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year ChartField 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Elmer DePaula (7251) Logname: 23 SMOKING Page 2 of 2