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HomeMy WebLinkAboutO-2016-3649 Amend Ch. 50 "Parks and Recreation", pertaining to use of tobacco and vaping products at City parksORDINANCE NO. 2016-3649 AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS PERTAINING TO USE OF TOBACCO AND VAPING PRODUCTS AT CITY PARKS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 50, "Parks and Recreation," Article I "In General", Section 50-4 "Use of tobacco products on athletic play fields and recreational venues", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 50-4. - Use of tobacco products or electronic vaping device in city parks. (a) The following words or terms when used in this section shall have the following meanings, unless the ;context clearly indicates otherwise: (1) Parks. A park, conservation area, athletic play field, playground, beach, recreation venue or center, or other area in the city owned, leased or used, wholly or in part, by the city for such purposes or which is designated by the city council as a park. (2) Tobacco product means a cigarette; a cigar; smoking tobacco, including granulated, plug -cut, crimp - cut, ready rubbed and any form of tobacco suitable for smoking in a pipe or as a cigarette; chewing tobacco, including plug, scrap, and any kind of tobacco suitable for chewing, snuff or other preparations of pulverized tobacco; nicotine product, or dissolvable nicotine; (3) Tobacco product or electronic vaping device use. Smoking, chewing, snuffing or otherwise inhaling or ingesting any tobacco product or an electronic vaping device. (4) Athletic play fields. A baseball field, softball field, soccer field that has been designed for regulation play or practice play at a park. (5) Electronic vaping device means any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he/she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e - cigarettes, electronic cigars, e -cigars, electronic pipes, e -pipes, electronic hookahs, e -hookahs or under any other product name or design. (6) Recreation venue. A facility occasionally used for youth sports or recreational events such as fishing and riding, either organized or non -organized; including the Lomax Arena, the Sylvan Beach Fishing Pier, the Seabreeze Fishing Pier, the Little Cedar Bayou Nature Trail and Bird -watching Stand, the San Jacinto Pool, the Little Cedar Bayou Wave Pool, the Northwest Pool, the Fairmont Pool, the Brookglen Pool and the La Porte Recreation and Fitness Center. (7) Electronic vaping liquid also known as "e juice" and "e -liquid" shall mean any liquid product composed of propylene glycol or other carrier solvent and may contain nicotine and/or any other substance and manufactured for the use with electronic vaping devices. (8) Smoking or smoke means inhaling, exhaling, burning, possessing or carrying any tobacco product including but not limited to a lighted cigar, cigarette, pipe, weed, plant or combustible substance in any manner or in any form and/or vaping or the use of any electronic vaping device. (9) Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (b) A person commits an offense if he or she uses tobacco products or electronic vaping devices on the premises of any city park. (c) This section does not apply to the use of tobacco products or electronic vaping devices on the premises of the City of La Porte Bay Forest Golf Course (except during organized youth sports event). (d) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this section. (e) Any person, as defined in V.T.C.A. Penal Code § 1.07(27), who shall violate any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of , 2016. CITY OF LA PORTE, TEXAS LM ATTEST: City Secre APPROVED: Assistant City Attorney