HomeMy WebLinkAboutO-2919 - Adds Sec. 6.82.173; amends Sec. 6.82.190, smoking and tobacco use in public parks (6.82)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
PROIDBITING SMOKING AND TOBACCO USE IN PUBLIC PARKS,
AMENDING CHAPTER 6.82 OF THE MARYSVILLE MUNICIPAL CODE,AND
ESTABLISIDNG AN EFFECTIVE DATE
WHEREAS,the City ofMarysville,Washington through the exercise ofits police power
has the authority to regulate parks located within the City in order to promote the health,public
safety,and the general welfare of the public;and
WHEREAS,the City's parks are intended for the healthy enjoyment ofall residents and
visitors to the City,including children and youth,and those partially or wholly disabled by
respiratory disease;and
WHEREAS,a 2006 study conducted by the Surgeon General entitled Health
Consequences ojInvoluntary Exposure to Tobacco Smoke,concluded that children exposed to
secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS),acute
respiratory infections,ear problems,and more severe asthma,and that the scientific evidence
indicates that there is no risk-free level of exposure to secondhand smoke;and
WHEREAS,City staffhave reported that smoking and tobacco use in parks has resulted
in litter ofcigarette butts,cigar butts,and other related waste,requiring City resources to
remove;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASffiNGTON,DO ORDAIN AS FOLLOWS;
Section I.A new section ofthe Marysville Municipal Code is hereby enacted,to
be known as Section 6.82;173,which shall read as follows:
6.28.173 It is unlawful for any person to smoke or light cigars,cigarettes,tobacco
or other smoking material within city parks.The director shall post signs in
appropriate locations prohibiting smoking in the city's parks.
ORDINANCE - 1
W/MV/Ord.Smoking in Parks
Section 2.Section 6.82.1 90 ofthe Marysville Municipal Code is hereby amended,the
revised section to read as follows:
6.82.190 Penalty for violations.
(I)A violation ofany ofthe provisions ofMMC 6.82.030,6.82.045,6.82.055,
6.82.065,6.82.173, 6.82.075,6.82.080, 6.82.085,6.82.090,6.82.095,6.82.105,
6.82.110,6.82.120,6.82.125,6.82.130,6.82.135,6.82.145, 6.82.155, 6.82.160,
and 6.82.165 constitutes a civil infraction and shall be enforced in accordance
with MMC 4.02.040.The amount ofcivil infraction fIne shall be asscssed in
accordance with the schedule provided in MMC 4.02.040(3)(g)(ii)and shall not
exceed $500.00 per violation.
(2)A violation ofany ofthe provisions ofMMC 6.82.050,6.82.060,6.82.070,
6.82.150,6.82.170,and 6.82.175 is a misdemeanor,and may be punished by a
fIne ofnot more than $1,000 or by imprisonment not to exceed 90 days or by both
such fIne and imprisonment.
(3)The penalty for a violation ofother sections ofthis chapter is as provided in
those respective sections.
Section 3.This ordinance shall be in full force and effect on the latter offIve (5)days after
its passage,approval and publication as provided by law,or March 31,2013.
Section 4.Severability.If any section,subsection,sentence,clause,phrase or word ofthis
ordinance should be held to be invalid or unconstitutional by a court ofcompetent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section,subsection,sentence,clause,phrase or word ofthis ordinance.
Section 5.Effective Date.This ordinance shall become effective five days after the date of
its publication by summary.
t-A
..-::PASSED by the City Council and APPROVED by the Mayor thi&J.S day of
re.bq",~IJ.--'2013.
CITY OF MARYSVILLE
By_----;:>L~-<.a_~~~~=t--_
Jon thring,Mayor
ORDINANCE - 2
W/MV/On.l.Smoking in Parks
Attest:
By_--,-,---,---,------,-,-------,------,-__
April O'Brien,City Clerk
Approved as to fonn:
By~I<;.~
Grant K.Weed,City Attorney
ORDINANCE - 3
W/MV/Ord.Smoking in Parks