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ORDINANCE NO. 2022- <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING <br />CHAPTER 99 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES <br />ENTITLED "PUBLIC HEALTH AND SAFETY"; CREATING A NEW ARTICLE V WITHIN <br />CHAPTER 99 OF THE CODE TO BE ENTITLED "PROHIBITION OF SMOKING AT <br />PUBLIC BEACHES AND PARK PROPERTY", PROVIDING FOR THE PROHIBITION OF <br />SMOKING AT PUBLIC BEACHES AND PARK PROPERTY; PROVIDING FOR <br />DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING <br />THE SCHEDULE OF CIVIL PENALTIES AND MISCELLANEOUS FEES IN CHAPTER 14 <br />OF THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR <br />AN EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach ("the City") is committed to public health and <br />safety; and <br />WHEREAS, the use of tobacco for smoking purposes is being found to be increasingly <br />dangerous, not only to the person smoking but also to the nonsmoking person who is required <br />to breathe the contaminated air; and <br />WHEREAS, a pervasive intrusion of a non-smoker's right to unpolluted air space is the <br />uncontrolled smoking on public beaches and parks; and <br />WHEREAS, the City is committed to keeping its beaches and parks clean, safe, and <br />healthy for everyone; and <br />WHEREAS, smoking is hazardous to health and numerous studies have shown that <br />secondhand smoke is a significant public health hazard; and <br />WHEREAS, the United States Environmental Protection Agency (EPA) has classified <br />secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen; and <br />WHEREAS, exposure to second smoke substantially increases the risk in non-smokers of <br />lung cancer, cardiovascular disease and other acute and chronic health conditions; and <br />WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has <br />found that secondhand smoke causes children to suffer from lower respiratory tract illnesses, <br />such as bronchitis and pneumonia, exacerbates childhood asthma, and increases the risk of <br />chronic middle ear infections in children; and <br />WHEREAS, discarded cigarette and cigarette butts contain the same chemicals and <br />toxins as the cigarettes themselves, and when discarded, are unsightly, unclean, and <br />particularly hazardous to small children who handle and sometimes ingest them; and <br />WHEREAS, cigarette butts are a significant pollutant on beaches and, if uncollected, may <br />wash directly into ocean water to the detriment of marine life and all ocean users; and <br />1 127 <br />