24-2253 Prohibiting Smoking and Vaping in City Recreational Parks and Facilities ORDINANCE NO. 24-2253
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING ARTICLE II
OF CHAPTER 50 OF THE LONGWOOD CODE OF ORDINANCES TO ESTABLISH
SECTION 50-35, PROHIBITING SMOKING AND VAPING IN CITY RECREATIONAL
PARKS AND FACILITIES; PROVIDING FOR EXCEPTIONS AND ENFORCEMENT; AND
PROVIDING FOR DEFINITIONS, CODIFICATION, INCONSISTENCY, SEVERABILITY,
AND AN EFFECTIVE DATE.
RECITALS:
WHEREAS, § 386.209 of the Florida Statutes (2024) expressly authorizes municipalities to
adopt and enforce restrictions as to smoking within the boundaries of any public parks that the
municipality owns; and
WHEREAS, despite the foregoing, § 386.209 of the Florida Statutes (2024) nonetheless
preempts municipalities from further restricting unfiltered cigars beyond those restrictions
established by state law; and
WHEREAS, to the extent permitted by law, the City Commission of the City of Longwood
desires to restrict vaping and the smoking of tobacco at its parks within the City of Longwood;
and
WHEREAS, the City Commission of the City of Longwood finds that the provisions of this
Ordinance are in the best interests of the citizens of and visitors to the City of Longwood, and
that such restrictions are necessary for the health, safety, and welfare of the citizens of and
visitors to the City of Longwood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct, are adopted and
incorporated herein, and constitute the legislative findings of the City Commission of the City of
Longwood.
Section 2. Amendment. Section 50-35 of the Code of Ordinances, City of Longwood, Florida,
is hereby added to Article li of Chapter 50 of the Longwood Code of Ordinances and reads as
follows (underlined language are additions; ;trickcn through language are deletions; provisions
not shown or that are not otherwise underlined or stricken are not being amended):
Sec. 50-35. - Prohibiting smoking and vaping at publicly owned parks and
recreation facilities within the City
(a) Definitions. For purposes of this section the terms listed have the following
meanings:
Ordinance No.24-2253
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(i) Public Parks means and refers to all recreational parks and venues
owned or otherwise operated by the City of Longwood, including
those facilities, structures, and buildings located thereupon, which
include, but are not limited to: bleachers, seating, gymnasiums,
stadiums, courts, fields, buildings, restrooms, parking lots,
amphitheaters, pavilions, picnic areas, and playground areas.
(ii) Smoking means inhaling, exhaling, burning, carrying, or possessing
any lighted tobacco product, including cigarettes, cigars, pipe
tobacco, and any other lighted tobacco product.
(iii) Vape or Vapinq means to inhale or exhale vapor produced by a
vapor-generating electronic device or to possess a vapor-
generating electronic device while that device is actively employing
an electronic, a chemical, or a mechanical means designed to
produce vapor or aerosol from a nicotine product or any other
substance. The term does not include the mere possession of a
vapor-generating electronic device.
(b) Prohibited Acts. Smoking or vaping within a public park is prohibited
except within designated smoking areas that may be created by the City as
clearly marked by official signage.
(c) Penalty. A violation of this section is punishable by a fine of $75.00.
Repeat violations of this section are subject to a $150.00 fine.
(d) Signage. The City Manager, or his/her designee, is authorized to display
one or more signs prohibiting smoking and vaping at the city parks, city
venues and youth athletic activities as specified in this section.
(e) Designated Smokinq Areas. The City Manager, or his/her designee, is
authorized to designate permitted smoking and vaping areas within city
public parks and city venues, and to install signage indicating such areas.
(f) Preemption. To the extent preempted by state law, the smoking of
unfiltered cigars is not subject to this section. Regardless of the foregoing,
nothing in this section may be interpreted as permitting or allowing the
smoking of unfiltered cigars when such activity is otherwise prohibited or
forbidden by general law.
Ordinance No.24-2253
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Section 3. Inconsistency. If any Ordinances or parts of Ordinances are in conflict herewith,
this Ordinance governs and controls to the extent any such conflict exists.
Section 4. Severability. If any portion of this Ordinance is determined to be void,
unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance
will remain in full force and effect.
Section 5. Codification. Section 2 of this Ordinance is to be codified and made a part of the
City of Longwood Code of Ordinances. The Sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word "Ordinance"may be changed to "Section,"
"Article," "Division"or another appropriate word. The City Clerk is further given liberal authority
to correct scrivener's errors, such as incorrect Code cross-references, grammatical,
typographical, and similar errors when codifying this Ordinance.
Section 6. Effective Date. This Ordinance will become effective immediately following
approval by the City Commission at its second reading.
FIRST READING this 20th day of May 2024.
PUBLIC HEARING this 3rd of June 2024.
FINAL READING AND ADOPTION this 3rd of June 2024.
CITY COMMISSION
CITY OF LONGWOOD, F RIDA
91*(it
MATTHEW MCMILLAN, MAYOR
ATTEST:
ICHEL E L GO, MMC, FCRM, CITY CLERK
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
DANIEL W. L EY TY TTORNEY
Ordinance No.24-2253
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