TO: Mayor and Commission AGENDA DATE: 5/19/2025
FROM: City Manager AGENDA ITEM: 8 - D
SUBJECT:
Title
Public Hearing - Request for approval of Ordinance No. 26-2025, amending the General Ordinances to establish Article V, “City Parks and Facilities,” of Chapter 58, "Streets, Sidewalks, and Other Public Places," to provide rules and regulations pertinent to city parks and facilities, at first reading.
Body
LOCATION:
City Wide
COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
City Attorney’s Office.
POTENTIAL MOTION:
Recommendation
“I hereby move to adopt Ordinance No. 26-2025, at first reading and schedule a second and final reading.”
END
BACKGROUND:
Background
The City Commission directed the City Attorney's Office to draft regulations pertaining to the City’s Parks and Facilities to address health and safety concerns related to smoking and to address recent requests to conduct metal-detecting activities.
Section 386.209, Florida Statutes, preempts the regulation of smoking to the State of Florida, except that “municipalities may further restrict smoking within the boundaries of any public beaches and public parks that they own, except that they may not further restrict the smoking of unfiltered cigars”. Additionally, Section 386.209, Florida Statutes, “does not preclude the adoption of county or municipal ordinances that impose more restrictive regulation on the use of vapor-generating devices.” The proposed ordinance bans smoking and vaping of any kind, notwithstanding the prohibition on restriction of smoking unfiltered cigars. The penalty for non-compliance is a $150.00 fine and may also include suspension from the park for 30 days if warranted.
There is no state preemption of metal detecting regulations. The proposed ordinance requires any individual conducting metal detecting to obtain a permit for activities within any city-owned, controlled, or operated property, facility, park, building, structure, equipment, appurtenance, and/or adjacent rights-of-way. The penalty for violation of permit conditions may include suspension of the permit, a fine of $150.00, and/or suspension from the property for a period up to one year if warranted.
End