Resolution 2019-31037 RESOLUTION NO. 2019-31037
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH
PARKS AND RECREATION DEPARTMENT RULES, WHICH CURRENTLY
PROHIBIT SMOKING TOBACCO PRODUCTS IN ALL CITY PARKS, TO
EXTEND SUCH PROHIBITION TO INCLUDE SMOKING NICOTINE
VAPORIZERS (E-CIGARETTES) THROUGHOUT THE CITY'S PARKS.
WHEREAS, a fundamental purpose of municipal government is to promote and protect
the health, safety and general welfare of its residents and visitors; and
WHEREAS, the City of Miami Beach ("City") Parks and Recreation Department has
established rules, relating to the use of the City's Parks, with the goal of providing the City's
residents and visitors with a safe and enjoyable environment; and
WHEREAS, U.S. Surgeon General's Report has concluded that secondhand smoke
exposure causes disease and premature death in children and adults who do not smoke, and that
children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome
(SIDS). Equally important, adults exposed to secondhand smoke experience immediate and
destructive adverse effects on the cardiovascular system, which leads to causes of coronary heart
disease and lung cancer; and
WHEREAS, to ensure a healthy and clean environment, and maintain the beauty of the
City's Parks, smoking tobacco products is prohibited throughout the City's Parks; and
WHEREAS, according to recent empirical studies and widespread news reports, the use
of electronic cigarettes (e-cigarettes) has skyrocketed to alarming popularity across the nation,
particularly among America's youth; and
WHEREAS, as reported by Johns Hopkins Medicine, the primary agent in both regular
cigarettes and e-cigarettes is nicotine, which is a highly addictive chemical and will cause the user
to suffer withdrawal symptoms should there be a termination of the consumption of any nicotine
product. Nicotine is a toxic substance, which raises blood pressure and spikes adrenaline, which
in turn increases heart rate and the likelihood of having a heart attack; and
WHEREAS, the Center for Disease Control and Prevention ("CDC") has recently reported
a direct link between vaping e-cigarettes and lung disease, which have resulted in at least two (2)
deaths. As such, there are many unknown destructive side effects concerning e-cigarettes,
including what chemicals are utilized in the vaping substance, and how they affect physical health
over the long-term period of time; and
WHEREAS, the Mayor and City Commission hereby finds that it is in the best interest of
the City of Miami Beach to protect the health, safety and welfare of the City's residents and
visitors, and to prohibit the smoking of nicotine vaporizers or similar products throughout the City's
Parks, and to further direct the Administration to modify and place all appropriate City Park
signage in order to notify the public of this prohibition.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend the City of Miami Beach Parks and Recreation Department Rules,
which currently prohibit smoking tobacco products in all City Parks, to extend such prohibition to
include smoking nicotine vaporizers (e-cigarettes) throughout the City's Parks.
PASSED AND ADOPTED this 16th day of October, 2019.
ATTEST:
an Gelber, Mayor
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Rafael E. Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by Commissioner John Elizabeth Aleman)
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IN'CORP ORATED:
Resolutions -C7 AC
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: October 16, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH
PARKS AND RECREATION DEPARTMENT RULES, WHICH CURRENTLY
PROHIBIT SMOKING TOBACCO PRODUCTS IN ALL CITY PARKS, TO
EXTEND SUCH PROHIBITION TO INCLUDE SMOKING NICOTINE
VAPORIZERS (E-CIGARETTES)THROUGHOUT THE CITY'S PARKS.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above-referenced
Resolution is submitted for consideration by the Mayor and City Commission at the October 16,
2019 Commission meeting.
Resolution to be submitted via the Supplemental Agenda.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
Page 981 of 2557
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