HomeMy WebLinkAboutORD 94-16 - Smoking in Parks�•� f
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ESTABLISHINGAND D.
WHEREAS, on November 13, 1990, the City Council adopted Ordinance No. 900558
relating to the regulation of the smoking of tobacco products in public places;
WHEREAS, this Ordinance became effective on January 14, 1991;
WHEREAS, the City Council has received a request from concerned citizens of the City
of Georgetown that this Ordinance should be amended to prohibit smoking within fenced
recreational and/or park areas and to prohibit smoking within the Creative Playscape;
WHEREAS, the City Council recognizes that smoking within these recreational areas
poses a threat to the safety and well-being of our residents;
WHEREAS, the City Council also recognizes that allowing smoking within the Creative
Playscape creates a fire hazard;
WHEREAS, in order to protect the health and welfare of all individuals occupying these
recreational areas, and in order to reduce the danger of a fire hazard, the City Council has found
it necessary to restrict smoking in within these fenced recreational and/or park areas and within
the Creative Playscape;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements Facilities and Services Policy 1 of the Century Plan - Policy Plan Element, which
states: "The City will endeavor to increase the quality of life through the upgrading of existing
facilities and services and the provision of new services to meet the specific needs of the
Amendment to Smoking Ordinance No.
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community" and further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative
Chapter of the Policy Plan.
SECTION 2. Section 8.32.020 of the Code of Ordinances of the City of Georgetown, Texas, is
hereby amended by adding Subparagraphs (16) and (17) which shall read as follows.
"16. Recreational and/or park areas where no smoking signs are posted,
17. Within the fenced area of the Creative Playscape."
SECTION 3. Nothing in this ordinance shall be construed to permit smoking where it is
otherwise prohibited by law or regulation; as prohibiting any employer or person in control of
premises from prohibiting smoking to a greater extent than is prohibited by this ordinance; or,
as requiring structural changes or additions in buildings.
SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in (10) ten days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 26th day of April, 1994.
PASSED AND APPROVED on Second Reading on the loth day of May, 1994.
A T'TRCT•
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Amendment to Smoking Ordinance No.
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THE CITY OF GEORGETOWN:
By: LEO WOOD, MAYOR