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Ord. No. 05-97-1626ORDINANCE NO.5-97-1626 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO DELETION OF EXCEPTION TO NO-SMOKING IN COMMISSION CHAMBERS IN CITY HALL,AMENDING CHAPTER 2,ARTICLE 1,SECTION 2-2.2,PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Chapter 2,Article 1,Section 2-2.2 of the City Code of Ordinance provides an exception which allows smoking of tobacco products in the south side of the Commission Chambers when attendance consists of twenty-five (25)people or less;and, WHEREAS,the City Commission has expressed their desire to have the City's Code of Ordinances brought up-to-date by deleting obsolete material,and by adding legislation which has been adopted and not yet incorporated in the most current official Code of Ordinances. WHEREAS,the City Administration,in response to the direction of the City Commission,presents this amendment which complies with F.S.Chapter 386,Part II,Indoor Air; Tobacco Smoke. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.To amend Chapter 2,Article I,Section 2- 2.2ofthe City Codeof Ordinance deleting theexception. This section currently reads as follows: The smoking of tobacco products in the commission chambers of the city hall while the city commission and the planning board areinregularorspecial session is hereby prohibited unlessthe attendance consistsof twenty-five (25)people orlessinwhichcasesmokingwillbe permitted on the south side of the commission chambers. Section 2.If adopted by the City Commission Article I,Section 2-2.2 willbe amended by deleting text indicated below by "strike-through." The smoking of tobacco products in the commission chambers of the city hall while the city commission and the planning board arein regular or special—session is hereby prohibi ted—unless—the—attendance consists—of—twenty-five (25)—people or less in which case smoking will be permitted on the south sido of tho commission chambers. Page 2 of Ord.No.5-97-1626 Section 3.If any section,clause,sentence,or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this ordinance. Section 4.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5.This ordinance shall take effect immediately at the time of its passage PASSED AND ADOPTED this 18th day of March 1997. ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney 1st Reading -March 4,1997 2nd Reading -March 18,1997 APPROVED: Vice Mayor COMMISSION VOTE:4-0 Vice Mayor Robaina:Yea Commissioner Price:Yea Commissioner Bethel:Yea Commissioner Young:Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM and Commission From:L.Dennis Whitt City Manager Date:March14,1997 Agenda Item # Subject:Commission Meeting 3/18/97 SecondReading Ordinance -No-Smoking Exception ik This ordinance is presented for second reading.If passed,it will delete Section 2-2.2 of Chapter 2 Article 1,ofthe City Code which provides for an exception to No-Smokine in the Tommicd™ru\exceptionto No-Smoking intheCommissionChamber inCity Hall.