Kentucky An Ordinance regarding use of Tobacco on City Property - Creating Offense and Providing Penalty for Violation of Ordinance - and Declaring an Emergency

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This is a sample of Municipal Codes when dealing with an ordinance concerning tabacco use on city property, as well as creating an offense and penalty for violation of said ordinance. This may be used across the United States.

Kentucky An Ordinance regarding use of Tobacco on City Property — Creating Offense and Providing Penalty for Violation of Ordinance — and Declaring an Emergency is a legislative act aimed at regulating the use of tobacco on public-owned properties within the state of Kentucky. This comprehensive ordinance recognizes the potential health hazards associated with tobacco use and seeks to protect citizens from the harmful effects of secondhand smoke. The primary objective of this ordinance is to establish a strict prohibition on the use of tobacco products, including smoking and vaping, in all city-owned properties. These properties may include parks, recreational areas, public buildings, and other designated areas. By implementing this ordinance, the city aims to ensure a clean and healthy environment for its residents and visitors. Violations of this ordinance are considered offenses and are subject to penalties. The specific penalties may include fines or other appropriate measures as deemed necessary by the city authorities. The severity of the penalties may depend on various factors such as the number of previous violations, the duration and intensity of the offense, and whether the individual is a repeat offender. It is essential to note that this ordinance is not intended to infringe upon individual rights or to discourage tobacco use altogether. Its purpose is primarily focused on maintaining the well-being and safety of citizens in public spaces. The city recognizes the importance of offering designated smoking areas or alternative solutions to individuals who wish to smoke or use tobacco products, ensuring they can still exercise their rights while minimizing the impact on others. The declaration of an emergency within this ordinance highlights the urgency and necessity of its implementation. It emphasizes the immediate need for action to protect the health and well-being of the public, especially considering the detrimental effects of tobacco use and exposure to secondhand smoke. In conclusion, the Kentucky An Ordinance regarding use of Tobacco on City Property — Creating Offense and Providing Penalty for Violation of Ordinance — and Declaring an Emergency represents a comprehensive legislative measure to regulate tobacco use and safeguard public health on city-owned properties. By implementing this ordinance, the city aims to create a healthier and cleaner environment for its residents and visitors, while ensuring that individuals can still exercise their right to smoke in designated areas or explore alternative solutions.

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FAQ

Cities in Kentucky currently have the power to govern within their boundaries without specific legislation authorizing each particular function. Before 1980, cities had to rely almost exclusively on the General Assembly to authorize various functions.

What is the Dillon Rule? The Dillon Rule is the principal that local government only exercises (1) powers expressly granted by the state, (2) powers necessarily and fairly implied from the grant of power, and (3) powers crucial to the existence of local government.

Dillon's Rule: Most counties in Kentucky are governed under general law and therefore only have the powers that have been specifically granted by state legislature.

The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more. The later versions were adopted in 1799, 1850, and 1891.

Benefits of the Dillon Rule If local governments wish to exercise authority outside what has been delegated, they may approach the state and make their case. Dillon Rule states do not necessarily deny their local governments authority.

It shall be unlawful for any person to emit, cause to be emitted, or permit the emission of an noise which leaves the premises on which it originates in excess of a sound pressure level of eighty (80) db(A) from the hours of a.m. to p.m., and a sound pressure level of seventy-five (75) db(A) from the hours ...

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the violation of an ordinance when the ordinance is classified as a civil offense. ... ordinance, use the annual county assessment for property within the city. There is hereby declared to be a nuisance, and prohibited within any area of the city designated by the zoning laws of the city as residential, commercial, ...(5) A city ordinance may provide a fine, penalty, forfeiture, or term of imprisonment for an act or omission to act which is also an offense under the Kentucky ... declared unlawful in this code of ordinances, and no penalty is otherwise provided, the offense shall be deemed a violation and the offender shall be fined ... The storing or permitting the accumulation of refuse, unless such refuse is kept separately in standard refuse/trash containers or dumpsters which are covered ... by ROF PERSONS — sustained a law imposing greater punishment for an offense involv- ing rights of property of the United States than for a like offense involving the rights ... The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or ... A person pleading guilty to or having been found guilty of a violation of this section 4-2 shall be punished by a fine of not less than one hundred dollars ($ ... In 2019, the Kentucky Legislature passed KRS 438.305 which prohibits the use of any tobacco product, alternative nicotine product, or vapor product on Kentucky ... (3) In lieu of the civil fine, the court may require a minor to successfully complete a Department of Health and Environmental Control-approved smoking ...

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Kentucky An Ordinance regarding use of Tobacco on City Property - Creating Offense and Providing Penalty for Violation of Ordinance - and Declaring an Emergency