HomeMy WebLinkAboutO-2007-3032
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ORDINANCE NO. 07-3032
AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW SECTION 50-4, "USE OF
TOBACCO PRODUCTS ON ATHLETIC PLAY FIELDS AND RECREATIONAL VENUES", AND
PROHIBITING THE USE OF TOBACCO PRODUCTS ON CITY-OWNED ATHLETIC PLAY FIELDS
OR RECREATIONAL VENUES, INCLUDING ADJACENT SPECTATOR AREAS, WHILE BEING USED
FOR ORGANIZED YOUTH ATHLETIC EVENTS OR RECREATIONAL ACTIVITIES; PROVIDING
FOR A PENALTY NOT TO EXCEED $500 FOR EACH OFFENSE; PROVIDING A SEVERABLITY
CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 50 "Parks and Recreation", Article I "In General", of the Code of Ordinances of the City of La
Porte, Texas is hereby amended by adding new Section 50-4 "Use of Tobacco Products on Athletic Play Fields and
Recreational Venues", which said section shall read as follows:
"Sec. 50-4. Use of Tobacco Products on Athletic Play Fields and Recreational Venues
(a) The following words or terms when used in this section shall have the following meanings, unless the
context clearly indicates otherwise:
(l)Parks. A park, conservation area, playground, beach, recreation 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. Cigarette, cigar, cheroot, stogie, perique, granulated, plug cut, crimped cut, ready, rugged
and other smoking tobacco; snuff, snuff flower, cavendish, plug and twist tobacco; fine cut and other chewing
tobaccos; shorts, refuse scripts, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
tobacco, prepared in such a manner as to be suitable for chewing, sniffing, or smoking in a pipe; rolling paper or
other tobacco-related devices.
(3)Tobacco Product Use. Smoking, chewing, snuffing or otherwise inhaling or ingesting any tobacco product.
(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) Ad Hoc Use of Park. Use of an undesignated area of a park (i.e. open space) for organized youth athletic
practice use.
(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 & Fitness Center.
(b) A person commits an offense if he or she uses tobacco products on City-owned athletic play fields or
recreation venues, or ad hoc use of park, including their spectator areas, while the fields and venues and/or ad hoc
areas are being used for organized youth athletic or recreational events, or where youths are present and are using
said recreational venues independently of organized athletic or recreational activities. All such areas with the
exception of ad hoc areas shall be posted by appropriate signs and markers as designated by the Director of Parks &
Recreation.
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(c) This Ordinance does not apply to the use of tobacco products in designated parking areas or motor vehicles
parked on the premises of City-owned parks, conservation areas, open spaces and recreational facilities. This
Ordinance does not apply to park open spaces, picnic areas, golf courses (except during organized youth sports
event), and other passive recreational activities not directed for, or including youth.
(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 Section 1.07(27), Texas Penal Code, 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 Five
Hundred Dollars ($500.00).
Section 2. Chapter 50 "Parks and Recreation", Article I "In General", of the Code of Ordinances of the City of La
Porte, Texas is hereby amended by amending Sections 50-4--50-9 "Reserved", which said section shall read as
follows:
"Sees. 50-5--50-9. Reserved."
Section 3. Open Meetings. 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 was 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 the Open Meetings Law, Chapter 551, Texas Government 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 4. Severability. 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 5. Effective Date. 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 twice within ten (10) days after the passage of this ordinance, in
accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
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PASSED, APPROVED AND ADOPTED by the City of La Porte, Texas, City Council on this the 24th day of
September, 2007.
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Alton E. Porter, Mayor
ATTEST:
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Martha illett, City Secretary
APPROVED AS TO FORM:
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Clark T. Askins, Assistant City Attorney
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