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HomeMy WebLinkAbout3268 Amending Port Townsend Municipal Code Chapter 11.02 Camping, Smoking, and Vaping in Parks Ordinance 3268 Page 1 of 2 ORDINANCE NO. 3268 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 11.02 CAMPING, SMOKING,AND VAPING IN PARKS RECITALS: The City Council of Port Townsend finds as follows: 1. RCW 70.160.080 authorizes local fire departments and local health departments to adopt regulations as to implement Chapter 70.160 regarding smoking in public places. 2. RCW 70.345.210 authorizes local governments to limit the use of vaping products in outdoor places where children congregate. 3. On September 19, 2019, the Jefferson County Board of Health adopted Ordinance No 10-0919-19 prohibiting smoking and vaping in public places, place of employment, and outdoor places where children congregate. 4. The Board of Health ordinance limits the enforcement of Ordinance No 10- 0919-19 to the public health officer. NOW, THEREFORE, the City Council of the City of Port Townsends hereby ordains as follows: Section 1. Chapter 11.02 Camping in Parks is amended as indicated in Exhibit A. Section 2. Severability. If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. ,ction 3. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. Ordinance 3268 Page 2©f 2 ADOPTED by the City Council of the City of Port Townsend, Washington, at a special meeting thereof, held this 71h day of June 2021. Michelle Sandoval Mayor Attest: Approved as to form: Joanna Sanders MMC 11` xdl C wecl1w od City Clerk City Attorney Ordinance 3268 Exhibit A EXHIBIT A Chapter 11.02 CAMPING,LSM0 KING AND VARING —IN PARKS Sections: 11*11,111 Definitions. 11.02.020 Camping prohibited. 11,01025 Sinoldns-, and vaping ollik�hed 11.02.030 Penalty. 11.02.010 Definitions. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer or camper, for the purpose of or in such a way as will permit remaining overnight. "Park" means all parks and bodies of water contained therein, trails, beaches, playgrounds, playfields, greenbelts, parking lots, and other park, recreation and open space areas and buildings and facilities comprising the parks and recreation system of the city under the management and control of the public works director. See the Parks, Recreation and Open Space Functional Plan, as amended, for a list of parks and other resources. The public works director will keep an updated list of areas designated since the adoption of the functional plan. "Va resultant vapor or aerosol fi!!!!-om a -o luct as deflincL1,1? 1..2QJ -ygpor pi _y [�Q�LNL �45�0 1�(Yl 8). 11.02.020 Camping prohibited. It is unlawful to camp in any park; provided,the public works director may issue temporary permits for camping. 11.02.025 SmokinLy and via i)in g prohibited. It is UnlaWftil tea sniolw,or ape in any cit :)ctrl(. 11.02.030 Penalty. A. Director's Authority. Whenever the public works director or his or her designee ("director") determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein.