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Thank you for stopping in to the Tavern an letting us know, Mr. Mills, and thank you for standing up.
Harlow wrote:Bob, thank you for standing up for property rights and for alerting us to the Maine situation, so that we may help. I've posted the link over at the Smoker's Club and asked everyone there to vote today - it must be today, I've said.
2008.45 IN BOARD OF CITY COUNCIL..JUNE 3, 2008
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 46, Parks and Recreation, Article IV Parks and Recreation Facilities be amended by changing the following:
Sec. 46.76.1 Tobacco-Free Recreational Facilities
Policy Statement for the establishment of the City of Biddeford’s Tobacco-Free Recreational Facilities.
· The Recreation Department has a responsibility to protect the health and safety of our community's children and adults while they use the City's recreation facilities, and adopting the Tobacco-Free policy is part of this responsibility.
· Secondhand smoke is harmful in both indoor and outdoor settings. Exposure to secondhand smoke is the third leading cause of preventable death in America. Secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted.
· Tobacco-Free policies are public park policies similar to those prohibiting alcohol use or littering in public parks and recreational facilities.
Benefits of the City of Biddeford’s Tobacco-Free Recreational Facilities
· Protects the health of youth and adults by eliminating exposure to the harmful effects of secondhand smoke.
· Encourages youth not to start using tobacco products.
· Demonstrates that adults want youth to remain tobacco-free and provides youth with positive role models.
(1) “Organized activity” means an event that has a defined time for starting and ending and is in a designated or permitted area of a City park. “Organized activity” includes athletic events, concerts, and special events such as arts fairs.
(2) “Park” includes recreational facility.
(3) “Tobacco” includes but is not limited to cigarettes, cigars, snuff, pipes and spit tobacco.
(a) A person may not use any form of tobacco:
(1) in a restroom, at a spectator or concession area, public beach facility, or playground in any City of Biddeford park; or
(2) within 200 feet of an organized activity at a City of Biddeford park.
(b) (1) Enforcement:
(a) Recreation and Parks staff shall post appropriate signage: (1) in restrooms, and at spectator and concession areas, dog parks, aquatic facilities, and playgrounds; and (2) in locations at which organized activities take place.
(b) Recreation and Parks staff shall notify community organizations and distribute brochures to park users.
(c) Recreation and Parks staff shall monitor compliance.
(d) For any person who violates the tobacco-free rule, Recreation and Parks staff shall request that the person cease the use of tobacco and give a verbal warning. If the person refuses to cease, staff authorized by the Director may request that the person leave the park. Refusal of any person to leave the park as requested is considered a trespass, for which the police may enforce in accordance with State of Maine law.
NOTE: The Policy Committee considered this item at their May 22, 2008 meeting and voted 4 in favor, and one opposed, to recommend to Council for approval.
Motion by Councilor Laverriere, seconded by Councilor Lamontagne to grant the first reading of the order.
Motion by Councilor Staples, seconded by Councilor Gagnon to amend the order by striking “public beach facility” from Rule (a) (1).
Motion by Councilor Laverriere, seconded by Councilor Lamontagne to table the order back to the Policy Committee for further review.
Vote: 8/1; Councilor Flood opposed.
Councilors Boston, Staples, Fleurent, Deschambault, Mills, Laverriere, Gagnon and Lamontagne in favor. Motion carries.
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