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CONSIDERATION OF ORDINANCE O-2021-41 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN AMENDING SECTION 10-502 OF ARTICLE V, CHAPTER 10 OF THE CODE OF CITY OF NORMAN DELETING, AMENDING, AND ADDING DEFINITIONS; AMENDING SECTION 10-503 TO PROHIBIT SMOKING OF MARIJUANA AND MARIJUANA VAPING IN CERTAIN PUBLIC PLACES; DELETING SECTIONS 10-504 THROUGH 10-512 CONCERNING PREVENTION OF YOUTH ACCESS TO TOBACCO FOR PURPOSES OF INTERNAL CODE CONSISTENCY; AMENDING AND RENUMBERING SECTION 10-513, DELETING REFERENCES TO SECTIONS 10-504 THROUGH 10-512; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: City Code provisions in Chapter 10 relating to smoking in public places are no longer consistent with current State law. The corresponding State law has received considerable attention, having been amended eight times since the City's last change to its public smoking provisions. The changes outlined below would make the City's Code provisions consistent with State law and eliminate inconsistencies that currently exist with other City Code provisions.
DISCUSSION:
State Law and Preemption
Oklahoma's Statutes contain two provisions regulating smoking in public places. Both 21 O.S. ? 1247 and 63 O.S. 1-1523 prohibit the smoking of tobacco in a public place. However, based on an Oklahoma Attorney General advisory opinion, the preemptive, controlling provisions of State law for municipalities are those found in Title 63. Question Submitted by: The Honorable Al McAffrey, State Senator, District 46 2013 OK AG 2, ? 20. In Title 63, the State has expressly adopted its intent to preempt any municipality or political subdivision from adopting any regulation promulgated to control smoking in public placed, unless such regulations are "the same as provided in this act." 63 O.S. ? 1-1527. Thus, a municipality may not adopt legislation which is more stringent than or that is inconsistent with the provisions found in Title 63.
Ordinance Revi...
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