HomeMy WebLinkAbout4246oRDTNAN"= no. t{Z{b
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Chapter 4.OL of the Kent City Code to
prohibit smoking, vaping, or the use of tobacco
products in or on any park propefty or park facility,
and establishing a monetary penalty for all
violations of that prohibition.
RECITALS
A. One of the primary purposes and functions of a public park is
to provide safe, welcoming places for all to enjoy and pursue physical
activity, healthy lifestyles, and leisure experiences through nature, which
contribute to a healthier Kent community. However, smoking or the use of
other tobacco products in public parks is contrary to this fundamental
purpose.
B. While the Parks Depaftment has an existing policy that
prohibits smoking or the use of tobacco products on or near any City
athletic field, this policy applies only while youth games or practices are in
session. This existing policy does not apply generally to all park property.
C. Several other cities in King County have made their parks
smoke and tobacco free, including the cities of Burien, SeaTac, Tukwila,
and Seattle. Kent's Parks and Recreation Commission and the Parks and
Human Services Committee have both recommended that Council adopt an
ordinance similarly making Kent's parks and facilities smoke and tobacco
Amend Ch. 4.O7 Kent City Code
Re: Tobacco Use Ín Parks Prohibited
1
free, Council agrees and finds that it is appropriate to adopt a smoke and
tobacco free policy that applies in and on all park property and park
facilities. Violation of this ordinance could result in the issuance of a fine in
the amount of $50, plus statutory costs and assessments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7. - Amendment - New KCC 4.01.005. Chapter 4.01 of
the Kent City Code, entitled "Parks and Recreation," is amended to add a
new section 4.01.005, entitled "Definitions," as follows:
Sec. 4.O1.0O5. Definitions. As used in this chapter, the following
terms shall have the meanings ascribed to them below:
A. "Park property" or "park facility" shall mean and include all City-
owned or controlled parks, public squares, public gardens, playgrounds,
athletic complexes, community centers, museums, trails, and all drives,
parkways, bodies of water, docks, piers, moorage floats, beaches, and
parking lots or garages contained therein. "Park property" or "park
facility" shall also include all other parks and recreational areas, developed
or undeveloped, owned by the City of Kent or under the management and
control of the City of Kent for park purposes,
SECTION 2. - Amendment - New KCC 4.07.735. Chapter 4.01 of
the Kent City Code, entitled "Parks and Recreation," is amended to add a
new section 4,01.135, entitled "Smoking, Vaping, or Tobacco Use in Parks
Prohibited" as follows :
Sec.
Prohibited.
products in
4.O1.135.Qmalzína llsnína Tnhzrrn I lca ín Dzrlze
It is unlawful for any person to smoke, vape, or use tobacco
or on any park property or park facility, excluding the
2 Amend Ch. 4.O7 Kent City Code
Re: Tobacco Use in Parks ProhÍbited
Riverbend Golf Course facility. This prohibition includes both non-
combustible products, like e-cigarettes or other vaping devices that
produce smoke or vapor, and dipping tobacco, chewing tobacco, snuff, or
snus; and combustible products, like paper cigarettes, cigarillos, or cigars,
pipes, and hookahs. If the product emits smoke, or vapor, or contains
tobacco, it is prohibited.
SECTION 3. - Amendment - Revise KCC 4.01.220. Section
4.0L.220 of the Kent City Code, entitled "Penalties," is amended as
follows:
Sec. 4.O1.22O. Penalties.
A. Civil infraction.
1. Except as provided in subsections (AX2) and (B) of this
section, a violation of any provision of this chapter shall constitute a class
1 civil infraction in accordance with RCW 7,80.120(1)(a), as currently
enacted or hereafter amended.
2. A violation of either KCC 4.01.080(8) or KCC 4.01.135 shall
constitute a class 3 civil infraction in accordance with RCW 7.80.120(1)(c),
as currently enacted or hereafter amended.
3. Each separate day, or portion thereof, during which any
violation occurs shall constitute a separate violation.
B. Misdemeanor. Any person who violates KCC 4.0L.O2O or 4.01.040
shall be guilty of a misdemeanor punishable by a fine not to exceed five
thousand dollars ($5,000) or by imprisonment not to exceed one (1) year,
or by both such fine and imprisonment. Each separate day or portion
thereof during which such violation occurs shall constitute a separate
violation.
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
Amend Ch. 4.Ol Kent City Code
Re: Tobacco Use in Parks Prohibited
3
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. - Corrections bv City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6, - Effective Date. While this ordinance shall take effect
30 days from and after its passage as provided by law, the City will not
enforce the ordinance until August 15,20L7, to allow for public outreach
and education.
KE, MAYOR
ATTEST:
KIMBERLEY MOTO, CITY CLERK
APPROVED
AT" FTTZPATRICK,NG CITY ATTORNEY
Amend Ch. 4.O7 Kent City Code
Re: Tobacco Use in Parks ProhibÍted
4
PASSED: b+\ day of
APPRoVED' b* day of
PUBLISHEo, Qþ day of
Jurn¿20t7
Jur,¿.20L7
Ju.n¿
I hereby certify that this is a true copy of Ordinance ruo. Ie{tO
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated
û.SEAL)
KIMBERLEY MOTO, CITY CLERK
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Amend Ch, 4.O7 Kent City Code
Re: Tobacco Use in Parks Prohibited
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