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2003-091S:\Our Documents\0rdinances\03\No Tobacco Products-Youth Sports-2.doc ORDINANCE NO. &0-figl AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22-31 "PROHIBITED ACTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD A PARAGRAPH (13) TO LIMIT THE SMOKING OF TOBACCO PRODUCTS DURING YOUTH ATHLETIC ACTIVITIES ON OR ADJACENT TO CITY ATHLETIC FIELDS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Denton Youth Sport Association has requested that the City of Denton prohibit the use of tobacco products on and adjacent to City of Denton athletic fields during youth athletic activities; and WHEREAS, the smoking of tobacco products and second hand smoke are detrimental to the public health, welfare and safety of the Denton youth; and WHEREAS, the City Council of the City of Denton, Texas finds that it is in the public interest to adopt regulations limiting the smoking of tobacco products on City of Denton athletic fields during youth athletic activities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Section 22-31 of the Code of Ordinances of the City of Denton, Texas is hereby amended in part to add a paragraph (13) to read as follows: It shall be unlawful for any person to either perform or permit to be performed any of the following acts: (13) Smoke tobacco products on or adjacent to a City of Denton owned or operated athletic field during times when youth athletic activities are being held. "On or adjacent to an athletic field" includes the playing field, dug outs, bleachers, restrooms, concession areas and any areas within 20 feet of such areas, but does not include areas within parking lots and other designated areas containing conspicuous signage that smoking of tobacco products is permitted during Youth athletic activities. Youth athletic activities are those athletic activities for ages 17 and under organized or co-sponsored by the Denton Parks and Recreation Department. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY fP~1 ~ BY. Page 2