ORD NO 10-2017 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.10 -2017
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO PROHIBIT THE USE OF ALL TOBACCO
PRODUCTS IN CITY PARKS AND PRESCRIBING PENALTIES FOR
VIOLATIONS THEREOF; DECLARING AN EMERGENCY TO EXIST,
AND FOR OTHER PURPOSES.
WHEREAS, tobacco use claims more than 5,800 lives each year in Arkansas(Arkansas
Department of Health); and
WHEREAS, annually in the United States, more than 480,000 people die from cigarette smoking,
including nearly 42,000 deaths from secondhand smoke exposure(United Health
Foundation); and
WHEREAS, smoking is the leading cause of preventable death in the United States(United Health
Foundation); and
WHEREAS, approximately 14 million cases of major medical conditions among adults are
attributed to smoking(United Health Foundation); and
WHEREAS, there is no known safe level of exposure to secondhand smoke, and secondhand smoke
exposure in certain outdoor areas has been found to pose a significant health risk
(Journal of the Air and Waste Management Association); and
WHEREAS, the purpose of this ordinance is to preserve and protect the public health, safety, and
welfare by prohibiting smoking and other tobacco use in city parks.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1. For the purpose of this ordinance, smoking and/or tobacco use shall include the
lighting of any cigarette, cigar,pipe,or the possession of any lighted cigarette,cigar,
or pipe. It shall also include the use of all smokeless tobacco products(including,but
not limited to, chewing tobacco, snuff, dip, snus, and dissolvable products such as
lozenges, orbs, sticks, and strips), e-cigarettes, and vapor products.
SECTION 2. It shall be prohibited for any person to smoke or use any tobacco products(smokeless
or otherwise), e-cigarettes,or vapor products in any City park with the exception of
the property leased to Cedars Country Club, Inc. by declaration of the City Council on
or about March 7, 1964,the property leased to the Boys Club of Van Buren, Inc.
pursuant to Ordinance No.2-1966, and any other property currently under lease with
the City wherein the lease does not specify that tobacco products are not to be used on
the property.
SECTION 3. The City shall post signs in conspicuous places in all City parks notifying the public
that smoking and tobacco use of any kind are prohibited therein.
SECTION 4. Any person convicted of violating the provisions of this ordinance shall be fined a
maximum of$25.00 for the first offense, $50.00 for the second offense, $100.00 for
the third offense,and $250.00 for any subsequent offense.
SECTION 5. In order to preserve and protect the public health, safety, and welfare of the City of
Van Buren, an emergency is hereby declared to exist and this Ordinance shall take full
force and effect upon its approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 4 for and n against, the foregoing Ordinance at its regular
meeting held on the 26th day of June 2017.
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____51111111h1PRobert r.
Mayor
ATTESTED: APP: 0 i = _ 1 ORM:
4 -
Phyllis Thomas . a ice Settle
City Clerk/Treasurer City Attorney