Ordinance No. 95-22-122ORDINANCE NO. 95-22-122
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE
OF ORDINANCES, BEACHES AND PARKS, ARTICLE I, — IN GENERAL;
ADDING NEW SECTION 5-9 PROHIBITING SMOKING IN CITY PARKS
AND BEACHES; ADDING NEW SECTION 5-10 PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, according to the 2006 U.S. Surgeon General's report, "The Health Consequences
of Involuntary Exposure to Tobacco Smoke", secondhand smoke causes coronary artery disease,
asthma attacks, heart disease, asthma attacks, heart attacks, stroke and lung cancer in adults and
Sudden Infant Death Syndrome, middle ear infections, bronchitis, asthma, pneumonia and low
birth weight in children; and
WHEREAS, secondhand smoke is especially dangerous to children whose bodies are still
developing and who are particularly vulnerable to the poisons of secondhand smoke; and
WHEREAS, prohibiting smoking on City beaches and in City parks frequented by children
and adults will help to reduce smoking related illnesses and serve as a means to improve health
outcomes for residents and visitors to Atlantic Beach; and
WHEREAS, another significant issue with tobacco smoking on City beaches and in City parks
is litter consisting of used cigarette filters, also known as "cigarette butts" which contain hazardous
substances that can be toxic to animals; and
WHEREAS, this Ordinance is intended to protect the health, safety and welfare of city
residents and visitors by prohibiting smoking on City beaches and in City parks, including beach
parks; and
WHEREAS, this Ordinance is intended to protect the environment from litter that can be toxic
to animals and humans; and
WHEREAS, as of July 1, 2022, the Florida Legislature has enacted Ch. 2022-213 Laws of
Florida which permits municipalities and counties to restrict smoking on their local beaches and
in local parks; and
WHEREAS, in order to provide for the public health, safety and welfare, reduce exposure to
secondhand smoke, assure cleaner and more hygienic parks and beaches for the City's residents
and visitors, and for animals in the environment, the City Commission hereby intends to prohibit
smoking on City beaches and in City parks which are used by or open to the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY ATLANTIC BEACH:
Ordinance No. 95-22-122 Page 1 of 3
SECTION 1. New Sections. Chapter 5, Article I, In General, of the Code of Ordinances,
City of Atlantic Beach, Florida is amended to add the following new Sections:
Sec. 5-9. Smoking in public parks and on public beaches prohibited.
Smoking in all City parks, on beaches, or on beach access ways which are used by or open to the
public within Atlantic Beach is prohibited. Smoking of unfiltered cigars is exempt from this
prohibition in accordance with Section 386.209, Florida Statutes (2022).
"Secondhand Smoke," also known as environmental tobacco smoke (ETS), means smoke emitted
from lighted, smoldering, or burning tobacco when the smoker is not inhaling; smoke emitted by
the mouthpiece during puff drawing; and smoke exhaled by the smoker.
"Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product,
including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. In accordance
with Section 386.209, Florida Statutes, smoking does not include the use of unfiltered cigars.
Sec. 5-10. Enforcement, Penalties and Appeals.
a. Law enforcement officers of the City's Police Department are hereby authorized to enforce the
provisions of Sec. 5-9 of this Code.
b. Any person who violates Sec. 5-9 shall be subject to receiving a citation and civil penalty in
the amount of $75.00 for each violation.
c. Any person who receives a citation shall elect either to:
(1) Pay the civil fine within thirty (30) days from the date of the citation in the manner
indicated on the citation, provided, if such payment is not timely paid, a late fee of $50.00
shall be imposed on the named violator; or
(2) File a written request for a hearing with the Duval County Court to appeal the decision
of the law enforcement officer that resulted in the issuance of the citation. The written
request shall be submitted to the County Court in the manner indicated on the citation no
later than ten (10) days after service of the citation.
d. Failure of the named violator to appeal the decision of the law enforcement officer within the
prescribed time period shall constitute a waiver of the violator's right to a hearing before the
County Court and shall be treated as an admission of the violation and penalties shall be
assessed accordingly.
SECTION 2. Conflict. All ordinances, resolutions, official determinations, or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Codification and Scrivener's Errors. The publisher of the City of Atlantic Beach's
Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate Section 5-
9 — Smoking in public parks and on public beaches prohibited and Section 5-10 - Penalties, into
the City's Code of Ordinances. Sections of Chapter 5 may be renumbered or re -lettered and
scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical
errors in Chapter 5 which do not affect the intent may be authorized by the City Manager and City
Attorney without the need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 4. Applicability. The provisions of Section 5-9 — Smoking in public parks and on
public beaches prohibited and Section 5-10 - Penalties, shall apply to all applications, decisions or
controversies pending before the City of Atlantic Beach upon the effective date hereof or filed or
initiated thereafter.
SECTION 5. Severability. If any section, sentence, clause, or other provision of this
Ordinance, shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding of
invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the
remaining sections, sentences, clauses, or provisions of this Ordinance, which shall remain in full
force and effect.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading on this 10`h day of October, 2022.
PASSED by the City Commission on second and final reading and following a public hearing this
24th day of October, 2022.
CITY OF ATLANTIC BEACH
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Ellen lasser, Ntayor
ATTEST:
0�7i1zzt,
Donna L. Bartle, City Clerk
Approved as to form and correctness:
B*. . D , City Attorney
Ordinance No. 95-22-122 Page 3 of 3