23-2022 - Park Smoking Ban Legislation

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Placed on 1st reading & referred to HHS 7/18/22; 2nd reading 9/6/22 Baker, Bullock, Kepple, Litten, ORDINANCE NO. 23-2022 BY: f Marx, Rader, Shachner AN ORDINANCE to take effect January 1, 2023 amending Section 905.13, Disorderly Conduct; Intoxication, and Section 502.01, Indoor Air Pollution, of the Codified Ordinances of the City of Lakewood to for the purpose of prohibiting smoking and vaping in the City's parks. WHEREAS, the Lakewood Youth Council delivered a communication to Lakewood City Council on May 16, 2022 regarding smoking, e-cigarette, and tobacco use in the City's parks seeking to have them prohibited from the City's parks; and WHEREAS, Lakewood City Council takes seriously the concerns delivered to it by all members of the Lakewood community and in particular the youth that are the future of our community; and WHEREAS, the City's parks are intended for the healthy enjoyment of all residents and visitors; and WHEREAS, the elimination of smoking and vaping in such places as the City's parks and recreational areas furthers the goal of reducing smoking and vaping by youths who imitate adult behaviors; and WHEREAS, the United States Surgeon General has determined that the scientific evidence indicates that there is no risk -free level of exposure to second-hand smoke and has identified vaping as an epidemic for young people; and WHEREAS, discarded cigarette butts and vaping materials in the City's parks are unsightly, unclean, and increase park cleaning and maintenance costs; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 905.13, Disorderly Conduct; Intoxication, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 905.13 DISORDERLY CONDUCT; INTOXICATION. (a) Sleeping or protracted lounging on the seats or benches, loud, boisterous, threatening, abusive, insulting or indecent language, disorderly conduct or behavior, or any act tending to a breach of the public peace, are prohibited in the parks. (b) No person shall take intoxicating liquor into any park. No intoxicated person shall enter or remain within any of the parks.