HomeMy WebLinkAbout2013-12-17; City Council; CS-237; Amending Code Prohibit Use of Electronic Cigarettes...1
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ORDINANCE NO. OS-237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CAUFORNIA, AMENDING SECTIONS 6.14.020
AND 11.32.110 OF THE CARLSBAD MUNICIPAL CODE AND
ADDING CHAPTER 6.18 TO THE CARLSBAD MUNICIPAL CODE
TO PROHIBIT THE USE OF ELECTRONIC CIGARETTES
WHEREVER SMOKING IS PROHIBITED
WHEREAS, electronic cigarettes or "e-cigarettes" are designed to resemble
traditional cigarettes but do not contain tobacco; and
WHEREAS, there is currently minimal federal or state regulation or control of
the use e-cigarettes; and
WHEREAS, there are significant health concerns regarding the use of e-
cigarettes; and
WHEREAS, the use of e-cigarettes in locations where other types of
cigarettes, pipes and cigars are prohibited may cause confusion and uncertainty and make it
more difficult to enforce bans on smoking; and
WHEREAS, the City Council of the City of Carlsbad wishes to promote a
smoke-free environment for youth in the City of Carlsbad.
NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows
that:
SECTION 1: That section 6.14.020 of the Carlsbad Municipal Code is
amended to read as follows:
6.14.020 Definitions.
(a) "Enclosed dining area" as defined in this chapter shall mean an area
enclosed by a roof and walls with appropriate openings for ingress and
egress.
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(b) "Public place" as defined in this chapter shall mean any place,
publicly or privately owned, which is open to the general public regardless
of any fee or age requirement.
(c) "Reasonable distance" as defined in this chapter shall mean a
distance of twenty feet in any direction from an area in which smoking is
prohibited.
(d) "Smoke" or "smoking" as defined in this chapter shall mean and
include (1) the carrying of a lighted pipe, or lighted cigar, or lighted
cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any
kind; or (2) the use of an electronic cigarette as defined in California Health
& Safety Code Section 119405 ("e-cigarette") or a similar device intended
to emulate smoking, which permits a person to inhale vapors or mists that
may or may not include nicotine.
(e) "Unenclosed dining area" as defined in this chapter shall mean any
dining area, which is not an enclosed dining area, including streets and
sidewalks, which is available to or customarily used by the general public,
an employee, or any invitee, and which is designed, established, or
regularly used for consuming food or drink.
SECTION 2: That Title 6 of the Carlsbad Municipal Code is amended with
the addition of Chapter 6.18 to read as follows:
CHAPTER 6.18
ELECTRONIC CIGARETTES
6.18.010 Electronic Cigarettes—Prohibited wherever smoking is
prohibited.
In any location where the smoking of pipes, cigars or cigarettes is
prohibited by any federal, state or local law, it shall also be unlawful for
any person to use an electronic cigarette as defined in California Health &
Safety Code Section 119405 ("e-cigarette") or a similar device intended to
emulate smoking, which permits a person to inhale vapors or mists that
may or may not include nicotine. The provisions ofthis chapter do not
apply in any circumstance where federal or state law regulates smoking or
the use of e-cigarettes, ifthe federal or state law is more restrictive.
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SECTION 3: That section 11.32.110 of the Carlsbad Municipal Code is
amended to read as follows:
11.32.110 Smoking in public parks and beaches—Prohibited.
It is unlawful for any person to smoke, including emitting or exhaling the
fumes of any pipe, cigar, cigarette or any other lighted smoking equipment
used for burning any tobacco product, weed or plant, or carry or hold a lighted
pipe, cigar, cigarette or other lighted smoking products used for burning any
tobacco product, weed or plant in a public park or public beach except in areas
designated by the city manager, and indicated by signage, as smoking areas.
In any location where smoking is prohibited, it shall also be unlawful for any
person to use an electronic cigarette as defined in California Health & Safety
Code Section 119405 ("e-cigarette") or a similar device intended to emulate
smoking, which permits a person to inhale vapors or mists that may or may
not include nicotine. The provisions ofthis chapter do not apply in any
circumstance where federal or state law regulates smoking or the use of e-
cigarettes, ifthe federal or state law is more restrictive.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption ofthis ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 3"^^ day of December, 2013, and thereafter
PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the 17*^ day of December, 2013, by the following vote, to wit:
AYES: Council members Hall, Packard, Wood, Blackburn and Douglas.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGAUTY:
CEUA BREWER, City Attorney
ATTEST:
BARBARA ENGLESGfN, City Clerk
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-237
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS- 237 is to be considered at the
City Council Meeting to be held on the 17th day of December, 2013.
2.) That a certified copy of the full text of Ordinance No. CS-237 was posted in
the City Clerk's Office on the 12th day of December, 2013.
3.) That a summary of the Ordinance was published in the Union
Tribune/North County Times, on the 12th day of December, 2013.
DONNA HERATY, Deputy Cit lerk
Dated: December 9, 201
(Seal)