HomeMy WebLinkAbout2006-09-01 ORDINANCE NO.
SNMOKE-FREE PARKS AND RECREATION AREAS CITY ORDINANCE
TO PROHIBIT THE USE OF TOBACCO PRODUCTS ON CERTAIN
PARKS AND RECREATIONAL AREAS OWNED AND LEASED BY
THE CITY OF BATESVILLE
WHEREAS, the Surgeon General of the United States has determined:
A. Cigarette smoking has been causally linked to lung cancer, arteriosclerosis and
coronary heart disease, chronic obstructive pulmonary disease, and other
conditions that constitute a wide array of serious health consequences; and
B. Smoking and smokeless tobacco use are "almost always initiated and
established in adolescence", typically by age 16; and
C. Active smoking by young people is associated with significant health problems
during childhood and adolescence and with increased risk factors for health
problems in adulthood.
("Preventing Tobacco Use Among Young People: A Report of the Surgeon
General", issued in 1994); and
WHEREAS, The City of Batesville finds that it is in the public interest to enact ordinances
that will discourage children from the temptations of experimenting with cigarette and other
tobacco product; and
WHEREAS, The City of Batesville believes that children are extremely impressionable and
by all accounts attempt to emulate the actions and habits of adults; and
WHEREAS, The City of Batesville believes that it is in the public interest and more
specifically the health and welfare interests of children and adolescents to prohibit the
smoking of cigarettes, cigars, pipes, and use of tobacco products with the public places where
children are likely to congregate, gather, play and/or engage in athletic competitions; and
WHEREAS, it is the intention of the City of Batesville to work in collaboration with parents
and youth in our community in reinforcing the message of the ills of tobacco, and in providing
additional means by which parents may discourage and youth may reject tobacco use; and
WHEREAS, The City of Batesville has determined that public ball fields, publicly owned or
leased swimming pools are public places where children congregate, gather, play, and/or
engage in athletic competitions; and
WHEREAS, it is the intent of the City of Batesville prohibit smoking of cigarettes and use of
tobacco products within public ball fields, and publicly owned or leased swimming pools;
WHEREAS, it is the intent of the City of Batesville to refer to these areas as "Batesville
Smoke Free Zones"; and will therefore, have appropriate, permanent posting of signs; and
WHEREAS, the City of Batesville City Council seeks to provide a legal means for official
intervention to discourage the use of tobacco products by our youth; and
NOW THEREFORE, BE IT ORDAINED by the City Council of Batesville, Independence
County, Arkansas, as follows:
1. Prohibition Against Smoking of Cigarettes and Use of Tobacco Products
Smoking or carrying lighted cigarettes, pipes, cigars, and other tobacco,
products within all publicly owned or leased swimming pools and pool
grounds and ball fields shall be prohibited within the City of Batesville.
2. Definitions
Publicly owned or leased swimming pools and ball fields shall mean any place
or area with the City upon which the public is permitted. More specifically,
the North Complex and Fitzhugh Park will be areas included in the "Batesville
Smoke Free Zones".
3. Penalties
Any person who has been found to have violated this Ordinance shall be
subject to penalties according to City ordinance 2005-11-1
4. Signa e
The City will attach permanent signage indicating "Batesville Smoke Free
Zone" at all publicly owned or leased ball fields, swimming pools and pool
grounds leased or owned by the City.
1. REPEAL OF CONFLICTING ORDINANCES
Any Ordinances of the City of Batesville which are in conflict with this Ordinance
are hereby repealed to the extent of such conflict.
II. SEVERABILITY
If part of this Ordinance shall be deemed invalid, such parts shall be severed and
the invalidity thereof shall not affect the remaining parts of the Ordinance.
III. ENFORCEMENT PROVISION
This Ordinance shall be enforced by the Independence County Sheriff's
Department.
II
® An citizen may inform an person perceived to be violating this Ordinance of the
Y Y YP P �
provisions of this Ordinance.
IV. EFFECTIVE DATE
This Ordinance shall take effect upon final adoption and publication in accordance
with the law.
PASSED AND APPROVED this lg�2) day of htL , 2006.
goriootableJoe Baird, Mayor
ATTEST:
Denise M. Johnston, City Cle