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O-2024-03I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 2024-03--- AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES BY AMENDING CHAPTER 16, "PARKS, RECREATION AND CULTURAL FACILITIES," BY CREATING REGULATIONS WHICH SHALL PROHIBIT SMOKING IN PUBLIC PARKS; AND REQUIRING RECREATION PERMITS FOR CERTAIN PARK USES; PROVIDING PENAL TIES AND ENFORCEMENT FOR VIOLATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Ord. No. 2024-03 Page 1 of 7 WHEREAS, the Village Council of Miami Shores Village, Florida (the "Village") finds it periodically necessary to amend its Code of Ordinances (the "Village Code") in order to update regulations and procedures to implement municipal goals and objecti ves; and WHEREAS, pursuant to Section 166.021, Florida Statutes, and as provided in Section 2(b), Article VIII of the Florida Constitution, municipalities shall have the government, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes; and WHEREAS, as of July 1, 2022, the Florida Legislature has enacted Chapter 2022-213, Laws of Florida (Section 386.209, Florida Statutes), which permits municipalities and counties to restrict or prohibit smoking in their local parks; and WHEREAS, prohibiting smoking and the improper disposal of tobacco, cannabis, marijuana, and hemp products in public parks within the Village, is necessary to protect the public health, safety, and welfare of all residents and visitors; and WHEREAS, the Village has determined that prohibiting smoking at Village public parks would keep parks clean, safe, and healthy for all residents and visitors; and 2nd April March 19 April 2, Yes Yes No Yes Yes