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Home My WebLink About2000 07 24 Informational C Smoking in City Parks COMMISSION AGENDA ITEM C CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR July 24, 2000 MGR ~DEPT .) v.. Meeting Authorization REQUEST: The Fire Department requests that the City Commission review the information in regards to smoking in City Parks. PURPOSE: The purpose of this item is to inform the City Commission of the status of smoking in City Parks relative to the question addressed by Commissioner Blake at the July 10,2000 City Commission Meeting. CONSIDERATIONS: . The City Commission at the June 22, 1998 Meeting adopted Resolution No. 848 (Attachment 1) and Emergency Order No. 98-1 (Attachment 2) that specifically ordered that "Open fires and smoking are prohibited in City parks and preserves." The Emergency Order also stated that "This Order shall remain in effect during the 1998 forest and brush fire emergency unless earlier modified or rescinded by the City Commission." The Governor of the State of Florida, Lawton Chiles, as well as the Seminole County Commission had issued similar Emergency Orders and these Orders expired on October 6, 1998 when the State of Florida declared that the wildfire threat no longer existed. . Commissioner Blake at the February 22, 1999 City Commission Meeting had asked the question in regards to smoking in public parks. The Interim Parks and Recreation Director (Fire Chief) Tim Lallathin responded by memorandum (Attachment 3) on April 1, 1999 to the City Manager about the smoking issue and no further direction was issued at that time. July 24, 2000 Informational Agenda Item "e" Page 2 . At the Regular City Commission Meeting on July 10, 2000 Commissioner Blake inquired as to the status of "No smoking" in parks, specifically around the ball fields, and the soccer fields during games. Commissioner Blake asked what the policy was two years ago, and what it is currently, and "If we don't, I would like to see something brought back," Attorney Garganese added, "Mr. LeBlanc is currently searching other cities of Ordinances or regulations in which smoking is prohibited at public athletic facilities, when children are competing." . There currently is no law or order in effect prohibiting smoking at City Parks. Further information on this matter from the City Attorney's Office should be available in the near future, as well as Mr. Chuck Pula the Parks and Recreation Director is gathering information on parks that currently prohibit smoking, FUNDING: No additional funding is required for this activity. RECOMMENDATION: No recommendations at this time this item is for informational purposes only. IMPLEMENTATION SCHEDULE: N/A ATTACHMENTS: 1 - Resolution No. 848 2 - Emergency Order No. 98-1 3 - Memorandum dated April 1, 1999 COMMISSION ACTION: RESOLUTION NO. 848 WHEREAS, the President has declared Seminole County a Federal Disaster Area due to the continuing threat of fires resulting from the current unprecedented drought conditions in the State and the County~ and WHEREAS, the Governor has declared a State of Emergency in the State due to the above referenced fire and drought conditions~ and WHEREAS, the Emergency Management Director of the City of Winter Springs is advising the City to declare a State of Emergency in the City and a ban on open burning, and the sale of and use of fireworks due to the above referenced fire and drought conditions~ NO\V, THEREFORE, BE IT RESOLVED THAT, the Mayor and City Commission declare a State of Emergency in the City of Winter Springs and adopt Emergency Order # 98-1, pursuant to Section 252.46 Florida Statutes and Chapter 2 Division VII of the City Code, prohibits open burning, and the sale and use of fireworks other than publicly approved firework's displays. Done and Ordered this 22 day of June, 1998, CITY OF. WINTER SPRINGS, FLORIDA .' 1. uL ATTACHMENT ONE -;'j: .. : -:. - :. # - -= . _;__-;::"'-_#7 ,,-:. .:. E~fERGENCY ORDER NO. 98-1 AN EMERGENCY ORDER PURSUANT TO CHAPTER 252, FLORIDA STATUTES AND CHAPTER 2, ARTICLE vrr OF CITY CODE, OF THE CITY COMJ.\11SSION OF THE CITY OF \VINTER SPRINGS, FLORIDA REGARDING OPEN BURNTr"~G, SMOKING IN CITY PARKS Al'iD SALE OR USE OF FIREWORKS DURING THE 1998 FOREST .o\J.'ID BRUSH FIRE DECLARED El\'rERGENCY. WBEREAS, the City Commissioners of the City of Winter Springs has issued a Resolution dated June 22, 1998, declaring an emergency for the forest and brush fires in the City; WHEREAS, the Governor of the State of Florida issued Executive Order Number 98-141 dated June 7) 1998, declaring a state of emergency throughout Florida due to the forest and brush fires occurring within Florida, including those within Seminole County. \VHEREAS, the Governor's Executive Order expressly recognizes the extreme potential for more fires that threaten life and property; WHEREAS, the Governor also instituted a ban on burning authorizations statewide; WHEREAS, Seminole County has experienced losses and damages to real and perSDnal property, including the destruction of approximately 20 structures and citizens have sust.ained personal injuries from the fires; WHEREAS, the National Weather Service concludes that extremely dry weather conditions in Central Florida have created a high fire danger and its weather forecasts show a continuing high burn potential for the City, the County and surrounding areas; WHEREAS, the Keetch-Byrum drought index (a measure of dryness in the soil) indicates that the area is very near desert-type conditions; WHEREAS, the Emergency Management Director advises that the risk of further forest and brush fires in the City is high given weather and ecological conditions; WHEREAS, the Florida Division of Forestry concurs with the heightened risk of additional fores and brush fires in Seminole County under present and expected conditions; WHEREAS, any open burning or discarding of lighted cigarette butts outdoors creates unacceptable risks for accidental or careless ignition of dry vegetation; 'WHEREAS, vegetation in City parks and preserves is extremely dry and poses a fire hazard; ATTACHMENT TWO ;- -:--:- " f""- , , , . . - - - .' . ~ ~.. - :: - - - :: . . '. ~ :. :. \VHEREAS, the Seminole County Commission haS instituted water conservation program to conserve water and maintain water pressure to fight any fires during the emergency; WHEREAS, the Emergency Management Director and Fire Chief recommend a prohibition against igniting any fireworks, including otherwise legal firev.:orks such as sparklers, except approved public fireworks displays because of the high risk conditions during this emergency. WHEREAS, the sale of fireworks should also be prohibited to minimize the potential for use and discharge of such fireworks in fire prone areas except wholesale transactions by licensed pyrotechnic manufactures in the City and publicly sanctioned displays. WHEREAS, pursuant to the police power, the City Commission may take actions to protect the health, safety and welfare if its citizens; WHEREAS, the City Commission directed the City Manager and the Fire Chief to take certain administrative actions to lessen the risk of a catastrophic fire, WHEREAS, Section 2-'254 of the City Code of the City of Winter Springs authorizes all efforts to eliminate the problems and dangers of the City and its residents resulting from declared emergenC1es; WHEREAS, Executive Order No.80-29 of the Office of the Governor has delegated emergency management authority to political subdivisions pursuarlt to Florida Statute Section 252,36(1)(a) & (8). WHEREAS, Florida Statute Section 252,38 empowers cities to participate in emergency management jurisdiction over their entire areas and to perform emergency management functions within their territorial limits; \VHEREAS, Florida Statute Section 252.46 authorizes Cities to promulgate orders and rules as are necessary for emergency management purposes; WHEREAS, such orders when filed with the Clerk of the Court have the force of law, and all existing laws, ordinances, and rules which are in conflict are suspended to the extent of the conflict pursuant to Florida Statute Section 252.46(2); WHEREAS, the law enforcement authorities of the State and its political subdivisions enforce such duly promulgated orders pursuant to Florida Statute Section 252.47; WHEREAS, a violation of a duly promulgated order is a second degree misdemeanor punishable by a fine of up to $500,00 for each offense and by a term ofirnprisonment of up to s~xty (60) days injail for each offense, and; - .? ',~ ~'3';:-:" ) ::::;H ~::-~~ 1::.=,::ll:::~-1 ~.jc":,::: !7....J :3S. .~::: ;~.lIlf .' WHEREAS, the City commission finds it necessary to promulgate an emergency order to protect human and animal life and to avert the overwhelming destruction of property that could result from a wild fire. NOW THEREFORE IT IS HEREBY ORDERED as follows: 1. An emergency is declared due to the high potential for fire in and around the City of Winter Springs, pursuant to Chapter 252 and Chapter 2 of the City Code, 2. Open burning and discarding of lighted cigarette butts outdoors are prohibited. 3, The sale and use or discharge of fireworks in the City of Winter Springs is prohibited except sales by licensed pyrotechnic wholesale manufacturers who have operated in the City for five or more years and publicly sanctioned and approved firework displays approved by the City Fire Chief. 4. Open fires and smoking are prohibited in City parks and preserves, 5. If any provision of this Order is invalidated by a court of competent jurisdiction, such invalidity shall not affect the remaining provision's ofthis Order which shall continue to have the full force and effect oflaw, 6, The continued state of emergency may be modified in whole or in part or may be terminated upon the joint recommendation of the Emergency Management Director and the City Manager by action of the commission at a regular or special meeting. 7. This Order shall remain in effect during the 1998 forest and brush fire emergency unless earlier modified or rescinded by the City Commission, 8. A copy of this Order shall be filed with the Seminole County Clerk of the Court_ =,'3'3~ .===:--0 ~.t":-::. .~,::,=I;:=" i ~./.:::3.:::;-0 3~. :."Z l--lllf , ..I\~Te:'" ~--Z~ (jk--,,-~ ,~ .lo. / ~~-~_, -z. I- f "1 '-~ '(;) -Ul ~~,:(J) \ .. I . \ I nco.-p"r>..,r \. .. ' " 1 "sq ,-V ~//' ',l:-l..OR\O~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-0018 Parks & Recreation Dept. Aprill, 1999 ~(Q)(pJ1f lVIEMORANDUM To: Ron McLemore, City Manager From: Tim Lallathin, Interim Parks and Recreation Director -:L.-~ /yV~~~ -, , t/' Subject: Smoking in Public Parks In regard to Commissioner Blake's questions about smoking' in the parks at the February 22, 1999 Commission meeting. The City had issued an Emergency Order No: 98-1 that shall remain in effect during the 1998 forest and brush fire emergency unless earlier modified or rescinded by the City Commission. The County and State had also enacted similar orders during this time frame. Both the County and the State emergency orders expired by the fall of 1998 and no subsequent orders have been issued at this time. Therefore, in my opinion, the emergency order issued by the City has no longer been in effect since the 1998 forest and brush fire emergency has expired. Smoking specifically has been allowed at all city parks with the exception of inside all public buildings where smoking is prohibited. Employees and visitors have a designated smoking area outside of public buildings where cigarette butt cans have been provided. Tobacco products are also not allowed in the dugouts at the ballfields. The only cunent problem that I see with regard to smoking in the city parks is that the designated smoking area has not been marked. Please provide further direction on this issue where necessary. I have, for your convenience, attached a copy of Emergency Order No: 98-1. /Img ATTACHMENT THREE