HomeMy WebLinkAboutResolution 2011-01 I
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RESOLUTION 2011 -01
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i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
I CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING
RESTORATION OF LOCAL CONTROL OF SMOKE -FREE AIR LAWS IN
THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE.
I WHEREAS, numerous studies have found that tobacco smoke is a major
y contributor to indoor air pollution, and that breathing secondhand smoke is a cause of
disease in healthy nonsmokers, including heart disease, stroke, respiratory disease,
and lung cancer; and
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WHEREAS, the World Health Organization has determined that there is no safe
level of exposure to secondhand tobacco smoke, and in 2007 declared that there is
undisputable evidence that implementing 100% smoke -free environments is the only
effective way to protect the population from the harmful effects of exposure to
secondhand smoke; and
I WHEREAS, in 2010 the U.S. Surgeon General reported for the first time the
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damage smoking can do at the cellular and organ level and the evidence on the
mechanisms by which smoking causes disease indicates that there is no risk -free level
of exposure to tobacco smoke; and
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WHEREAS, local governments have both the right and the responsibility to adopt
j laws that protect the health and safety of their residents; and
WHEREAS, more than 3,100 local governments throughout the country have
successfully implemented smoke -free air laws to protect people against the harmful
effects of secondhand smoke; and
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j WHEREAS, the tobacco industry, in an effort to negate such local legislation, has
long had as its chief legislative strategy the preemption of local authority to regulate
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tobacco; and
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WHEREAS, multiple states have successfully overturned preemption and
restored local control to enact and enforce smoke -free air laws; and
WHEREAS, Florida has had a preemptive state law since 1985, which prohibits
local government from enacting laws that restrict smoking in any indoor or outdoor
settings, such as workplaces and public places, or restrict the marketing, advertising,
and point of sale of tobacco products; and
WHEREAS, protecting people from the harmful effects of secondhand smoke is
best accomplished by local communities working directly with the people most affected
by smoke -free air laws; and
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I Res. No. 2011 -01
Pg. 2 or 2
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WHEREAS, the Florida Legislature should not deprive local governments of the
authority to protect people from the harmful effects of secondhand smoke;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cape
Canaveral, Florida urges the Florida Legislature to repeal the State's preemption of
1 local smoke -free air and other tobacco - related laws, and restore the right of local
governments to enact and enforce smoke -free air and other tobacco - related laws.
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1 AND BE IT FURTHER RESOLVED that the City Council of the City of Cape Canaveral,
Florida strongly encourages other local governmental entities in Florida to adopt similar
resolutions.
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PASSED AND ADOPTED BY the City of Cape Canaveral City Council this 4th day of
i i January, 2011.
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- C - (0 C.)e LA
Rocky Randels, Mayor
I ATTEST:
Name For Against
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Ang a Apperso , ity Clerk Robert Hoog Motion
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Jim Morgan X
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Buzz Petsos X
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Rocky Randels x
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1 Betty Walsh Second
Approved as to Form:
Anthony A. arganese, City Attorney
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