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Home My WebLink About2013-01-14 13-058 ORDINANCECOUNCIL ACTION Item No. 13-058 Date: 3anuary 14, 2013 Item/Subject: ORDINANCE, Amending the Code of the City of Bangor, Chapter 231, Public Parks — Use of Tobacco Products Prohibited Responsible Department: Legal Commentary: This Ordinance amendment, if passed will prohibit the use of tobacco products in certain designated parks within the City of Bangor. The Ordinance amendment defines tobacco products as cigarettes, cigars, pipes, snuff, dip, chewing tobacco, weed, plant and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. This has been reviewed on several occasions by the Parks, Recreation and Harbor Committee and the Government Operations Committee. At its meeting on January 7th, the Government Operations Committee -voted three in favor, two opposed to recommend passage of the Ordinance to the Council, with an amendment that the Parks and Recreation Director establish designated areas where tobacco products can be used within each Park that is included on the designated tobacco free Park listing. As the proposal has been reviewed on multiple occasions, the Government Operations Committee requested that it appear on the agenda for First Reading only, and not be referred back to Committee for further action. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading Referral Department Head City Manager Finance Director City Solicitor Page _of_ 13-058 JANUARY 14, 2013 Assigned to Councilor Baldacci lJta' n CI`T'Y OF BANGOR ,o AO•eLE7 �� n'� �R4TH. ff (TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 231, Public Parks — Use of Tobacco Products Prohibited BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 231, Public Parks be amended as follows: § 231-2. Word usage and definitions. A. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein: CITY The City of Bangor. DIRECTOR The Parks and Recreation Director appointed pursuant to Chapter 28, Article XI, § 28-49 of the Code of the City of Bangor. PARK Shall be limited to the areas within the boundaries, as described in the records of the City of Bangor Assessor, of the following city -owned recreational properties and facilities: Assessor's Map and Name Lot Numbers Hayford Park- 22 36 Bangor Gardens Playground'- K42 106 K42 24 Broadway Park- 47 34A 47 34B Coe Park- 32 178 33 77 33 76A 33 766 Chapin Park- 48 132A Dakin Park- 46 58A Davenport Park- 42 44 Fairmount Park- 7 61B Municipal Golf Course R27 1 IN CITY COUNCIL January 14, 2013 Fir Reading CITY C&RK IN CITY COUNCIL January 28, 2013 Motion Made and seconded for Passage Dr. Robert Allen, representing the Public Health Advisory Board and Dr. Paul Shapero, representing the American Lung Association of Maine both spoke in favor of passage of this ordinance. Residents Paula Matlins, Andrew Matlins and Laura Mitchell spoke in favor of passage of this ordinance. Motion made and seconded to amend the .ordinance to prohibit smoking with no designated smoking areas Councilor Baldacci read a letter from the American Cancer Society and asked that the letter and other correspondence he had recieved in regard to the subject be included in the record. A copy of the correspondence is attatched to the minutes. vote on Amendment: 4-5 Councilors Voting Yes: Baldacci, Long, Sprague, Durgin Councilors Voting No: Blanchette, Civiello, Gallant, Hawes, Nealley Motion Failed Motion made to amend the ordinance by limiting_ smoking within pp2��00 ft of a designated playground. notion aJ"c�e and ov seconc�edsto ad debate ssed Name Grotto Cascade Park! Hayford's Field! Little City Park! 3.3. Williams Park! Norumbega Mall Old Cemetery Lot Park Pickering Square Park Pierce Park', Prentiss Woods Second Street Playground! Summit Park Whitney Park Essex Street Recreation Area (Penjajawoc Park)! Municipal Dock (Lower Broad Street) Stillwater Park Playground! Broad Street Park (Fountain Park, West Market Square) Bass Park (Paul Bunyan Area)! Bridge Lot Park (including the covered bridge structure and appurtenances thereto) Kenduskeag Plaza East Kenduskeag Plaza West Union Street Recreational Area! Kenduskeag Stream Park (including park easement areas as shown on a plan entitled "Kenduskeag Stream Park, Phase I," dated November 3, 1975, consisting of 4 sheets on file in the office of the City Engineer, City Hall, Bangor)! Assessor's Map and Lot Numbers R27 4 R63 7 22 36A 38 32 55 52 41 70 41 71 15 122 42 154 41 98 R40 11 35 169 31 1 22 46 R48 7 43 33 51 205 42 237 26 1 40 1E 42 236 42 199A R15 15B 19 1 19 lA 19 7B 19 7A 31 10A 31 58 31 75 31 91 32 162 32 179 32 180 40 1 13-058 JANUARY 14, 2013 13-058 JANUARY 14, 2013 ' No use of tobacco products permitted except in areas as designated by the Director of Parks and Recreation TOBACCO PRODUCTS Tobacco products means cigarettes. cigars. gipes. snuff, dip. chewing tobacco. weed. plant and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise. or both for chewing and smoking. VEHICLE Any wheeled conveyance, whether motor -powered, animal -drawn or self-propelled. The term shall include but not be limited to any trailer in tow, automobile, truck, wagon, snowmobile, motor bike, motorcycle or trail bike of any size, kind or description. Exception is made for baby carriages, bicycles, golf carts used at the Municipal Golf Course, vehicles used in conjunction with harness racing at Bass Park and vehicles used in the maintenance and operation of city parks. g 231-7. Alcoholic beverages; tobacco products; fires; use of closed areas. A. Intoxicating beverages. Assessor's Map and Name Lot Numbers 40 lA 40 1D 40 lE 40 3 41 47 41 53 41 54 41 55 41 58 41 59 41 60 41 72 41 75 R34 12 R35 54D R35 57 R35 58 Hamlin Mall (part of Norumbega Mall) 41 71 Brown Woods! R14 8 City Forest Preserve! R65 2 R66 1 to 5 R67 5 and 6 R73 7 ' No use of tobacco products permitted except in areas as designated by the Director of Parks and Recreation TOBACCO PRODUCTS Tobacco products means cigarettes. cigars. gipes. snuff, dip. chewing tobacco. weed. plant and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise. or both for chewing and smoking. VEHICLE Any wheeled conveyance, whether motor -powered, animal -drawn or self-propelled. The term shall include but not be limited to any trailer in tow, automobile, truck, wagon, snowmobile, motor bike, motorcycle or trail bike of any size, kind or description. Exception is made for baby carriages, bicycles, golf carts used at the Municipal Golf Course, vehicles used in conjunction with harness racing at Bass Park and vehicles used in the maintenance and operation of city parks. g 231-7. Alcoholic beverages; tobacco products; fires; use of closed areas. A. Intoxicating beverages. 13-058 JANUARY 14, 2013 (1) Liquor defined. For purposes of this subsection, "liquor" shall mean and include any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption which contains more than 1/2 of 1% of alcohol by volume. (2) Prohibition. No person in a park shall have brought liquor, nor shall any person drink liquor at any time, in any parking area. (3) Exceptions. At the Municipal Golf Course, Bass Park and West Market Square, concession and license privileges may include the sale of liquor by such concessionaire or licensee under strict regulation and control of the City Council. Sales of liquor at such locations shall be made only in individual drinks (not in bulk), and liquor shall be served only for consumption on the immediate premises of the concession and in such other areas as the City Council may direct. In addition, in accordance with the applicable provisions of state law, alcohol may be served at locations throughout the Municipal Golf Course under terms and conditions established by the Director of Parks and Recreation. (4) Prohibition: No person shall use tobacco products at or within all parks designated in X231-2 as parks where the use of tobacco products is not permitted. B. Unchanged. C. Unchanged. Note: Additions are underlined and deletions are struEktheaghr