SUBJECT/RECOMMENDATION:
Title
Approve amendments to the Clearwater Code of Ordinances, amending Chapter 22, Articles 1 and 2, relating to adding a definition of electronic cigarette, prohibition of smoking and vaping on city owned public parks and beaches and pass Ordinance 9680-23 on first reading.
Body
SUMMARY:
Florida Statute 386.209 enacted and signed into law by the Governor on June 24, 2022, effective July 1, 2022, amended the Florida Clean Air Act (Chapter 386, part II, Florida Statutes) to provide that counties and municipalities may restrict smoking within the boundaries of any public beaches and public parks the local government owns, with the exception of restrictions on the smoking of unfiltered cigars which is preempted to the State.
Cigarette butts are one of the most commonly found items of litter on Florida's beaches. The litter caused by those who improperly dispose of cigarette butts or other tobacco products on the Public Beach and in Public Parks is difficult to remove from the beaches, can cause ingestion hazards to wildlife, can significantly detract from a healthy environment, and reduce the enjoyment of the City's public beaches and parks for those individuals and families who want to enjoy a healthy environment, free of smoking-related pollution and hazards.
The Florida Legislature in its staff analysis of the amendment to Chapter 386, part II noted that exposure to secondhand smoke can cause numerous health problems and has been causally linked to cancer and to other potentially fatal diseases. Secondhand smoke is generally defined as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker.
The Ordinance authorizes the Clearwater Police Department to issue a class IV civil infraction to people smoking tobacco products except for unfiltered cigars within city parks and beaches.