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OR 96-741 Prohibit smoking & tobacco use AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 96741 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9- 14-2 TO ADD SUBSECTION F TO PROHIBIT THE SMOKING OR POSSESSION OF A BURNING TOBACCO PRODUCT OR USE OF TOBACCO PRODUCTS IN CERTMN PARK AND RECREATIONAL FACILITIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended by amending Section 9-14-2, in part, to add Subsection F to read as follows: "Sec. 9-14-2 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS F. It shall be unlawful for any person to smoke or possess a burning tobacco, weed or other plant product or to use any tobacco product within any athletic, park or recreation facility owned, operated or managed by the City, including playground areas, stadiums used for athletic contests, park buildings, recreation centers, any seating area of an athletic facility (including an indoor or outdoor athletic facility) and any game or practice fields. The City shall post a conspicuous sign at the main entrance to such facilities indicating smoking or possession of burning tobacco products or the use of tobacco products is prohibited." SECTION 2. That all ordinances and provisions of the Code of Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are 1 AGGO7E42 hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm, or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. AGGOTE42 DULY PASSED by the City Council of the City of Coppell, Texas, this the .7~ .... day of//.'~ ~'~ ,5,.~, ~_ , 1996. ~ I APPROVED: TOM MORTON, MAYOR ATIEST: 12.t qDA GRiU, Ci4YY SECRETLY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ct 1/30/96) 3 AGGOTE42