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HomeMy WebLinkAbout906_Part 10 Ch 9_Prohibiting Tobacco in City ParksTulsa County EARLENE WILSON R ece iet # 958839 12 03/07 11:33 Fee 15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 906 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9, SMOKING AND TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING THE USE OF TOBACCO IN CITY PARKS; PENALTIES FOR VIOLATIONS. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF ORDINANCES BY CREATING SECTION 10 -913, TOBACCO USE IN CITY PARKS PROHIBITED. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, Smoking and Tobacco, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): SECTION 10 -913 TOBACCO USE IN CITY PARKS PROHIBITED A. The use of tobacco is a public nuisance, is dangerous to the health ofboth adults and children, and sets an unhealthy example for the City of Owasso's youth and children. Therefore, the use of tobacco in any form is hereby prohibited in all City owned parks. The use of tobacco in any form shall also be prohibited in and around all public restrooms located in City owned parks, and in and around all parking lots adjacent to City owned parks. B. For purposes of this section, a "City owned park" shall be defined as any parcel of open land which is owned by the City of Owasso and used for recreational activities, including all walking and bicycle trails, and fields used for sporting events. However, the provisions of this ordinance shall not be applicable to the Bailey Ranch Golf Course. C. Any person who knowingly violates this section is guilty of a misdemeanor, and upon.conviction thereof, shall be punished by imposition of a fine of not less than TEN DOLLARS ($10.00) nor more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees, and assessments.. SECTION THREE (3): REPEALER All ordinances or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. City of Owasso Attn: Legal Department — P.O. Box 180 Owasso, Oklahoma 74055 SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be codified in Part 10, Chapter 9, as section 10 -913, "Tobacco Use in City Parks Prohibited." PASSED by the City Council of the City of Owasso, Oklahoma on the :5? c) day of 2007. Stephen dataudella, Mayor this 6 day of Juli Lombardi City Attorney PUBLISHER'S AFFIDAVIT ORDINANCE NO. 906 PUBLICATION 11/27/07 CASE NUMBER: ORD NO. 906 AD NUMBER: 00045313 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 28th day of November, 2007. MR. WIN My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 73.95 NANCY CAROL MOORE Notary Pubilc - State of Olkhoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 COPY 45313 Published in the Owasso Reporter, Owasso, Tulsa County, CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 906 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9, SMOKING AND TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLA- HOMA, AMENDING SAME BY PROHIBITING THE USE OF TOBACCO IN CITY PARKS; PENALTIES FOR VIOLATIONS. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF ORDINANCES BY CREATING SECTION 10- 913, TOBACCO USE IN CITY PARKS PROHIBITED. BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, Smoking and Tobacco, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): SECTION 10 -913 TOBACCO USE IN CITY PARKS PROHIBITED A. The use of tobacco is a public nuisance, is dangerous to the health of both adults and children, and sets an unhealthy example for the City of Owasso's youth and children. Therefore, the use of tobacco in any form is hereby prohibited in all City owned parks. The use of tobacco in any form shall also be prohibited in and around all public restrooms located in City owned parks, and in and around all parking lots adjacent to City owned parks. B. For purposes of this section, a "City owned park" shall be defined as any parcel of open land which is owned by the City of Owasso and used for recreational activities, including all walking and bicycle trails, and fields used for sporting events. However, the provisions of this ordinance shall not be applicable to the Bailey Ranch Golf Course. C. Any person who knowingly violates this section is guilty of a mis- demeanor, and upon conviction thereof, shall be punished by impo- sition of a fine of not less than TEN DOLLARS ($10.00) nor more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees, and assessments. SECTION THREE (3): REPEALER All ordinances or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by cre- ating an ordinance to be codified in Part 10, Chapter 9, as section 10 -913, "Tobacco Use in City Parks Prohibited:' PASSED by the City Council of the City of Owasso, Oklahoma on the 20th day of November, 2007. ATTEST: /s/ Juliann M. Stevens Deputy City Clerk (SEAL) APPROVED as to form: /s/ Julie Lombardi City Attorney /s/ Stephen Cataudella Mayor