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2024-08 Code Amendment- Smoking ProhibitedORDINANCE NO. 2024-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 20, "PARKS, PLAYGROUNDS AND RECREATION," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A NEW SECTION 20-12, "SMOKING PROHIBITED;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2022, the Florida Legislature amended Section 386.209, Florida Statutes, to allow municipalities to restrict smoking with the boundaries of any public parks they own, with the exception of unfiltered cigars; and WHEREAS, the Village Council wishes to prohibit smoking within all Village park facilities as authorized by state law to reduce litter and provide a clean environment free from exposure to second-hand smoke; and WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the health, safety, and welfare of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article I, "In General," of Chapter 20, "Parks, Playgrounds and Recreation," of the Village Code of Ordinances by adopting a new Section 20- 10 to read as follows (additional language underlined): ARTICLE I. IN GENERAL Sec. 20-12. Smoking prohibited. It shall be unlawful for anv Derson to smoke within the limits of anv village park or recreational area, excluding the North Palm Beach Country Club. For the purposes of this section, smoking shall mean inhaling, exhaling, burning_, or possessing any lighted tobacco product, including_ cigarettes, filtered cigars, pipe tobacco. and anv other lighted tobacco Droduct with the exception of unfiltered cigars. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Page 1 of 2 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 13TH DAY OF JUNE, 2024. PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF JUNE, 2024. �pRTy�� �iDA MAYOR ATTEST: G -0 ILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 2