HomeMy WebLinkAboutOrd 2018-08ORDINANCE NO. 18-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING TOWN CODE CHAPTER 9
"PARKS AND RECREATION" BY ADDING ARTICLE 9-6 "RESTRICTIONS
ON SMOKING IN PUBLIC PARKS, PRESERVES, AND TRAILS"; AND
DECLARING AN EMERGENCY.
WHEREAS, the Town of Fountain Hills ("Town") owns and operates parks, mountain
preserve areas, and trail systems within the Town to provide recreational opportunities, and to
enhance the quality of life, for the Town's residents and visitors; and
WHEREAS, the Town Council finds and determines that prohibiting smoking in the
Town's parks, mountain preserve areas, and trail systems will protect the recreational and physical
environment and improve the public health of all citizens and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL' OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. Smoking in the Town's parks, mountain preserve areas, and trail systems shall be
regulated in accordance with and subject to Article 9-6 of the Town Code.
SECTION 3. The existing Chapter 9 of the Fountain Hills Town Code is hereby amended by the
addition of a new Article 9-6, attached hereto as "Exhibit A" and incorporated
herein by this reference.
SECTION 4. If any section, subsection, clause, phrase or portion of this Ordinance or any part of
the newly adopted Town Code Article 9-6 is for any reason held invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions thereof.
SECTION 4. Because of the urgent need for the implementation of the Town's regulations
concerning smoking in parks, mountain preserve areas, and trail systems, and the
immediate operation of this Ordinance is necessary for the preservation of the
health, safety, and general welfare, an emergency is hereby declared to exist and
this Ordinance, shall be in full force and effect from and after its passage and
approval by the Mayor and Council as required by law and is hereby exempt from
the referendum provisions of the Constitution and laws of the State of Arizona.
PHOENIX 77018-1 4697020
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June
19, 2018.
FOR THE TOWN OF FOUNTAIN HILLS
L' a M. Ka a agh, M or
REVIEWED BY:
Grady E. Miller(3n Manager
PHOENIX 77018-1 4697020
ATTESTED TO:
APPROVED AS TO FORM:
Mite tel, Interim Town Attorney
Di i so right PLLC
EXHIBIT A
TO
ORDINANCE 18-08
[TOWN CODE ARTICLE 9-6]
See Following Pages.
PHOENIX 77018-1 469702v1
Fountain Hills Town Code
Article 9-6
RESTRICTIONS ON SMOKING IN PUBLIC PARKS, PRESERVES, AND TRAILS
Sections:
9-6-1
Purpose and Intent
9-6-2
Restrictions
9-6-3
Definitions
9-6-4
order to leave; unlawful failure to comply
Section 9-6-1 Purpose and Intent
Town owned parks, preserves, and trails provide recreational opportunities and enhance the quality
of life of the Town residents and visitors. The purpose of this Article is to protect the recreational
environment and improve the public health of all citizens and visitors by prohibiting smoking in
parks, preserves and trails.
Section 9-6-2 Restrictions
A. No person shall smoke in a park, mountain preserve area, or on Town owned or operated
trails, where one or more signs are posted prohibiting such activity.
B. The Director of Parks and Recreation is authorized to post signs prohibiting smoking in
parks, mountain preserve areas, and Town owned or operated trails.
C. The Director of Parks and Recreation is authorized to post signs designating areas where
smoking is permitted.
Section 9-6-3 Definitions
A. "Smoke" or "smoking" means and includes:
1. The burning of any tobacco or other plant product;
2. Placing a lighted cigarette, cigar, or pipe or any other lighted smoking equipment in an
ashtray or other receptacle and allowing smoke to diffuse in the air;
3. The use of electronic devices that produce an aerosol by.heating a liquid, instead of
burning a plant product, commonly referred to as "e-cigs", "vapes", "vape pens", "tank
systems", and "mods".
Section 9-6-4 order to leave; unlawful failure to comply
A. The Director of Parks and Recreation, or any designee, may order any person who has failed
to comply with the requirements of this section to immediately leave the park, preserve, or trail
system in which the violation occurred. No person may remain in a park, preserve, or trail
system or return to such location on the same day after such person has been ordered to leave.
B. Any person who fails to comply with an order to leave the park, preserve, or trail system shall
be responsible for a petty offense, punishable by:
1. A fine not exceeding $100 for a first violation;
2. A fine not exceeding $200 for a second violation;
3. A fine not exceeding $300 for a third violation;
4. Any person who violates this section four or more times in any 24 month period may
be charged with and found guilty of a class 1 misdemeanor.