M&C Review


COUNCIL ACTION:  Approved on 5/15/2018 - Ordinance No. 23221-05-2018

DATE: 5/15/2018 REFERENCE NO.: G-19284 LOG NAME: 23SMOKING
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Adopt Ordinance Amending Chapter 29.5, "Smoking," of the City Code to Prohibit Smoking in City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center and as Allowed by the Director of the Park and Recreation Department and Providing an Effective Date 90 Days from Adoption (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter 29.5, "Smoking," of the City Code to prohibit Smoking in City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center; and to allow the Park and Recreation Department Director to create rules to permit smoking in segregated areas of parks; and providing the ordinance to be effective within 90 days of adoption.

 
DISCUSSION:

In 2017 (effective March 12, 2018), the City Council approved Ordinance No. 23047 prohibiting smoking in bars and bingo parlors and prohibiting retail smoke shops within 300 feet of schools, universities and hospitals.  The City Council subsequently requested staff to study and bring back additional regulations pertaining to parks and other outdoor public spaces.

City staff benchmarked other cities and learned the following:

• Fort Worth is the only large Texas city that allows smoking in parks.

• San Antonio and Arlington partially prohibit smoking in parks; e.g. pavilions, children playground, outdoor seating venues.

• Dallas, El Paso, Austin, and Houston fully prohibit smoking in parks – Dallas and Austin have exceptions for golf courses.

Therefore, city staff is proposing the following recommendations to Chapter 29.5, " Smoking," of the City Code:

• Prohibit Smoking in all areas of City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center.

• Parks Director may create objective rules to permit smoking in designated areas of parks.

Furthermore, the ordinance would define Park to be "the areas of land dedicated and used as parkland, or city- owned land used for a park or recreational purpose that is under the administrative control of the Park and Recreation Department. The term includes the botanic garden, buildings, playgrounds, athletic fields, nature preserves, swimming pools and parking lots, driveways, pathways, trails and other areas within a park. The term does not include the outdoor areas of a City golf course or the unenclosed areas of Will Rogers Memorial Center. "

The Park Board voted to approve and support the attached ordinance at its March 28, 2018 meeting and recommended a 90-day implementation time frame after adoption by City Council.

This M&C does not request approval of a contract with a business entity.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that this action will have no material effect on City funds.

TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head:
Brandon Bennett (6345)
Additional Information Contact:
Elmer DePaula (7251)

 
 
ATTACHMENTS
  smokingordinanceparks.docx