HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 05_10/12/2022Agenda Item #5.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Oct 12 2022
Staff Contact: Russ Redman Department: Environmental Advisory
Committee
FNMW
Cigarette Ban at Parks and Beaches
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Gmail - Cigarette Ban at Parks and Beaches (Merged) copy
Page 173 of 176
Agenda Item #5.
MGmail Thomas Bradford <tgbradford3@gmail.com>
Cigarette Ban at Parks and Beaches?
1 message
Russ Redman <vot.rredman.eac@gmail.com> Thu, Sep 22, 2022 at 2:13 PM
To: Thomas Bradford <tgbradford3@gmail.com>, Robert Shaw <vot.rshaw.eac@gmail.com>, Marguerite Wilson
<vot.mwilson.eac@gmail.com>, Jessica Namath <vot.jnamath. eac@gmail.com>, vot.bfreese.eac@gmail.com,
vot.pstadelmann.eac@gmail.com
Hey all,
something we might consider: Delray and Boca recently voted to implement a smoking ban. Here's a little write up about
it: https://thecoastaI star.com/profiles/bIogs/along-the-coast-defray-beach-boca-raton-to-impose-beach-smoking-b
Perhaps this is something we should consider -- might be low hanging fruit, but there's nothing wrong with that
Here's some more info from the Surfrider Foundation:
In June, Surfrider's Florida network celebrated the passage of HB105 Regulation of Smoking by
Counties and Municipalities. Surfrider has long advocated for banning smoking on Florida's
beaches as a pathway to reduce plastic pollution and prevent cigarette litter from entering
waterways and harming marine Iife.The state historically preempted the regulation of smoking by
counties and municipalities, with the exception of school districts further restricting smoking on
school district property.
Under the new law effective July 1, 2022 Florida counties and municipalities can restrict smoking
within the boundaries of any public beach or park they own, except for unfiltered cigars. Surfrider
supports local municipal efforts to enact smoking bans and prevent the harmful effects of cigarette
butt litter. Enclosed below are two model ordinances for consideration.
Background
• Cigarette butts are the number one litter item found on beaches and roadsides, and a major
litter item at parks.
• Discarded cigarette butts are a non -biodegradable form of litter that can take decades to
break down.
• Cigarette filters are made of the plastic material cellulose acetate, which breaks down into
microplastics, moving deep into the food chain and water supply.
• Used cigarette butts are known to leach toxic amounts of nicotine, pesticides, polycyclic
aromatic hydrocarbons, arsenic, and heavy metals such as lead and cadmium, potentially for
years after use.
• Cigarette butts, smoked or unsmoked, are toxic to animals, plants,and aquatic life.
• Discarded cigarettes are a significant cause of outdoor fires, accounting for hundreds of
millions of dollars in annual costs in environmental damage, personal property losses,
firefighting expenses, and restorative efforts.
I've also attached Delray's ordinance for reference.
Maybe we can discuss this at our next meeting?
Thanks.
Russ
Page 174 of 176
Agenda Item #5.
ORDINANCE NO.25-22
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS,
BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, SECTION 101.36, "ADDITIONAL
RULES APPLYING TO PARKS, RECREATIONAL FACILITIES, AND
THE MUNICIPAL BEACH", BY AMENDING SUBSECTION (H)
"SMOKING" TO PROHIBIT SMOKING CERTAIN TOBACCO
PRODUCTS ON THE MUNICIPAL BEACH AND IN PUBLIC PARKS,
PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City's parks and beach are set aside for the enjoyment of the public and to promote
the health, safety, and welfare of its residents; and
WHEREAS, the City Commission desires to provide its residents and the public at large with a safe
and clean environment in which recreational opportunities can be maximized; and
WHEREAS, prohibiting smoking on public beaches and in public parks will provide a clean
environment free of exposure to second-hand smoke; and
WHEREAS, while regulation of smoking is generally preempted to the state Legislature, the Florida
Legislature recently amended Florida Statute Section §386.209 authorizing municipalities to restrict smoking
within the boundaries of public beaches or parks owned by the City or owned by the County subject to certain
exceptions; and
WHEREAS, CS/HB 105 authorizes municipalities to restrict smoking within the boundaries of public
beaches and public parks while providing an exception for unfiltered cigars; and
WHEREAS, the City Commission deems approval of this Ordinance to serve a public purpose and
finds it to be in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitation set forth above are hereby ratified and confirmed as being true and correct
and are incorporated herein.
Page 175 of 176
Agenda Item #5.
Section 2. Chapter 101, "Parks, Beaches, and Recreation," Section 101.36, "Additional Rules
Applying to Parks, Recreational Facilities, and the Municipal Beach," Subsection (H) "Smoking", of the
Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows:
Sec. 101.36. - "ADDITIONAL RULES APPLYING TO PARKS, RECREATIONAL FACILITIES,
AND THE MUNICIPAL BEACH"
(H) Smoking. Smoking at public parks and at the municipal beach is prohibited-,exee"
desigaa4ed pested smoking areas. Smoking is defined as
pipet or- lighted eigar, of lighted eigar-ette of any kind, of E Bette -as defined in '�l-
or- the lighting of a.i. F eigar-eae ...... inhaling, exhaling, burning_ cgning,
or possessing any lighted tobacco product, including cigarettes, pipe tobacco, and an, other
lighted tobacco product with the exception of unfiltered cigars.
Section 3. Should any section or provision of this ordinance or any portion thereof, any paragraph,
sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Section 5. This ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2022.
ATTEST:
Katerri Johnson, City Clerk
First Reading
Second Reading
Approved as to Form and Legal Sufficiency:
Lynn Gelin, City Attorney
Shelly Petrolia, Mayor
N
ORD. 25-22
Page 176 of 176