HomeMy WebLinkAbout03/06/2007 Blue Sheet Repeal of Smoking Ordinance
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: March 6, 2007
AGENDA ITEM:
J.2
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Ordinance No. 2007.04: Relating to Health and Sanitation; re-
pealing Chapter 10-6 ("Smoking") of the Marana Town Code,
which prohibits smoking in public places with certain defined ex-
ceptions; amending Title 10 of the Marana Town Code by deleting
Chapter 10-6 and Section 10-7-5, the associated penalty provision;
and designating an effective date of May 1, 2007, to coincide with
the effective date of A.R.S. ~ 36-601.01, the Smoke-free Arizona
Act.
DISCUSSION
The Town Council passed and adopted Ordinance No. 2006.04 on March 7, 2006, prohibiting
smoking in certain areas and amending Title 10 of the Marana Town Code. The ordinance added
new Chapter 10-6 "Smoking" and Section 10-7-5, an associated penalty provision.
In the November 2006 general election, the people of Arizona voted in favor of the Smoke-free
Arizona Act. This initiative prohibits smoking in all public places with limited exceptions. The
details of the Act can be found at A.R.S. S 36-601.01 and will become effective May 1,2007.
To prevent any possible conflict between the two similar provisions, it is recommended that the
Council repeal Ordinance No. 2006.04. Chapter 10-6 of the Marana Town Code should be de-
leted as well as Section 10-7-5. This should be made effective May 1, 2007, to coincide with the
effective date of the Smoke-free Arizona Act.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 2007.04, approving and authorizing the repeal of
Ordinance No. 2006.04 and the deletion of Chapter 10-6 and Section 10-7-5 of the Marana Town
Code.
SUGGESTED MOTION
I move to adopt Ordinance No. 2007.04.
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MARANA ORDINANCE NO. 2007.04
RELATING TO HEALTH AND SANITATION; REPEALING CHAPTER 10-6 ("SMOKING")
OF THE MARANA TOWN CODE, WHICH PROHIBITS SMOKING IN PUBLIC PLACES
WITH CERTAIN DEFINED EXCEPTIONS; AMENDING TITLE 10 OF THE MARANA
TOWN CODE BY DELETING CHAPTER 10-6 AND SECTION 10-7-5, THE ASSOCIATED
PENALTY PROVISION; AND DESIGNATING AN EFFECTIVE DATE OF MAY 1,2007 TO
COINCIDE WITH THE EFFECTIVE DATE OF A.R.S. S 36-601.01, THE SMOKE-FREE
ARIZONA ACT.
WHEREAS the Town Council previously passed Ordinance No. 2006.04 which prohib-
ited smoking in certain areas ofthe Town of Marana, with limited exceptions; and
WHEREAS the ordinance added Chapter 10-6 "Smoking" to the Marana Town Code,
with an associated penalty provision in Section 10-7-5; and
WHEREAS in the 2006 Arizona general election, the voters passed the Smoke-free Ari-
zona initiative which provides similar prohibitions to Marana Town Ordinance No. 2006.04; and
WHEREAS the Town Council desires to prevent any potential conflict between the two
provIsIOns.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 10 of the Marana Town Code is hereby revised by deleting the con-
tents of Chapter 10-6 and Section 10-7-5.
SECTION 2. This ordinance shall become effective on the 1 st day of May, 2007, to coin-
cide with the effective date of A.R.S. S 36-601.01, the Smoke-free Arizona Act.
SECTION 3. The Mayor is hereby authorized and directed to execute, and the Town
Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectuate
the above-contemplated transaction for and on behalf of the Town of Marana.
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CH/cds 2/23/07
SECTION 4. IT IS FURTHER ORDAINED that the Town's Manager and staff are
hereby directed and authorized to undertake all other and further tasks required or beneficial to
carry out the terms, obligations, and objectives of this ordinance.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day of March, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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-2-
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
) ss.
COUNTY OF PIMA )
Audrey Smith, being first duly sworn, deposes and says that she is the legal
Advertising Manager of THE CAllY TERRITORIAL, a daily newspaper printed and published
in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County
of Pima, State of Arizona and elsewhere, and the hereto attached:
PUBLIC NOTICE
NO. 2007-04
RELATING TO HEALTH AND SANITATION; REPEALING
was printed and published correctly in the regular and entire issue of said THE CAllY
TERRITORIAL for 4 issues; that was first made on the 13TH day of March 2007 and the last
publication thereof was made on the 16th day of March 2007; that said publication was made
on each of the following days, to-wit:
03/13/07
03/14/07
03/15/07
03/16/07
at the Request of:
~
By
Legal Advertising Manager
JAMIE C. MACIAS
Notary Public - Arizona,
Pima County
Expires 02/04/08
/l
tary Public in and for the County of Pima, State of Arizona
My Commission Expires: (2)-"\...,1 --.Cj5?
PUBLIC NOTICE
MJ'.RANA ORI!lINANCE NO. 2007.04
RELATING TO HEALTH AND SANITA-
TION; REPEALING CHAPTER 10-6
("SMOKING") OF THE MARANA
TOWN CODE, WHICH PROHIBITS
SMOKING IN PUBLIC PLACES WITH
CERTAIN DEFINED EXCEPTIONS;
AMENDING TITLE 10 OF THE
MARAN A TOWN CODE BY DELETING
CHAPTER 10-6 AND SECTION 10-7-5,
THE ASSOCIATED PENALTY PROVI-
SION; AND DESIGNATING AN EF-
FECTIVE DATE TO COINCIDE WITH
THE EFFECTIVE DATE OF A.R.S. ~ 36
601.01, THE SMOKE-FREE ARIZONA
ACT.
WHEREAS the Town Council previ-
ously passed Ordinance No. 2006.04
which prohibited smoking in certain ar-
eas of the Town of Marana, with limited
exceptions; and
WHEREAS the ordinance added Chap-
ter 10-6 "Smoking" to the Marana Town
Code, with an associated penalty provi-
sion in Section 10.7-5; and
WHEREAS in the 2006 Arizona general
election, the voters passed the
Smoke-free Arizona initiative which pro-
vides similar prohibitions to Marana
Town Ordinance No. 2006.04; and
WHEREAS the Town Council desires to
prevent any potential conflict between
the two provisions.
NOW, THEREFORE, BE IT ORDAINED
BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Title 10 of the Marana
Town Code is hereby revised by delet.
ing the contents of Chapter 10-6 and
Section 10-7-5.
SECTION 2. This ordinance shall be-
come effective on the date that the
State Initiative, A.R.S. ~ 36-601.01, the
Smoke-free Arizona Act, becomes op-
erative.
SECTION 3. The Mayor is hereby
authorized and directed to execute, and
the Town Cierk is hereby authorized
and directed to attest to, any and all
documents necessary to effectuate the
above-contemplated transaction for and
on behaif of the Town of Marana.
SECTION 4. IT IS FURTHER OR-
DAINED that the Town's Manager and
staff are hereby directed and authorized
to undertake all other and further tasks
required or beneficial to carry out the
terms, obligations, and objectives of this
ordinance.
PASSED AND ADOPTED BY THE
MA YOR AND COUNCiL OF THE
TOWN OF MARANA, ARIZONA, this
6th day of March, 2007.
_ Mayor Ed Honea
ATTEST:
_ ,Jocelyn C. Bronson, Town
Clerk
APPROVED AS TO FORM:
_ Frank Cassidy, Town Attor-
ney
PUBLISH: The Dally Territorial
March 13, 14, 15, 16, 2007
pnord2007.04 I.m