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HomeMy WebLinkAbout2013-12-03; City Council; 21446; Prohibition of Electronic CigarettesCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.446 12/3/13 CA PROHIBITION OF ELECTRONIC CIGARETTES WHEREVER SMOKING IS PROHIBITED DEPT.DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION; Introduce ordinance CS-237 amending Sections 6.14.020 and 11.32.110 ofthe Carlsbad Municipal Code and adding Chapter 6.18 to the Carlsbad Municipal Code to prohibit the use of electronic cigarettes wherever smoking is prohibited. ITEM EXPLANATION; Electronic cigarettes or "e-cigarettes" are battery-powered devices which allow the user to inhale water vapor without producing fire, smoke, ash or carbon monoxide. They are designed to resemble traditional cigarettes and may contain nicotine, other chemicals and flavoring but do not contain tobacco. E- cigarettes are becoming increasingly popular. Currently there is very little federal or state regulation or control of e-cigarettes. Most laws and regulations currently relate to the use of tobacco or the smoke generated from traditional tobacco related products. E-cigarettes produce water vapor, not smoke and do not contain tobacco. The overall health risks and benefits of e-cigarettes have not been widely studied and are the topic of some debate. Proponents of e-cigarettes generally argue that the use of e-cigarettes aids smokers in quitting since they are able to inhale nicotine through a cigarette-like device and that the adverse health effects of smoking come from the tobacco plant which is not present in e-cigarettes. This claim has not been fully substantiated by scientific studies. Despite the potential use of e-cigarettes as an aid to quitting smoking, there are significant health concerns related to e-cigarettes. In particular, a limited analysis by the Food and Drug Administration found that e-cigarettes do contain carcinogens, including nitrosamines as well as toxic chemicals such as diethylene glycol (http://www.fda.gov/newsevents/publichealthfocus/ucml73146.htm). E-cigarettes may also be particularly appealing to young consumers due to the added colors and candy-like flavoring contained in many e-cigarettes. Consequently, e-clgarettes may serve as an introduction to smoking and nicotine addiction. Although e-cigarettes do not produce the same smoke as traditional cigarettes, they do produce a cloud of vapors containing unknown substances and sometimes produce an unpleasant odor. The possible health effects of bystanders breathing or absorbing these vapors through their skin is unknown. The federal government and California legislature are both in the process of developing laws and regulations related to e-clgarettes. In the meantime, enforcement of various State laws and City ordinances which prohibit smoking Is made more complicated since e-cigarettes can resemble tobacco DEPARTMENT CONTACT: Celia Brewer 760-434-2891 attorney@carlsbadca.gov FOR CLERK USE. V0" COUNCIL ACTION: APPROVED V0" CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • cigarettes. Allowing the use of e-cigarettes in locations where traditional cigarettes are otherwise banned may lead to confusion and uncertainty. In order to aid enforcement of the City's bans on smoking and further promote a smoke-free environment for youth in Carlsbad, it is recommended that the use of e-cigarettes be banned In any location where any federal, state or City law currently bans smoking. FISCAL IMPACT; There would be no fiscal impact of implementing a prohibition on the use of e-cigarettes where smoking is banned as the City is already enforcing the smoking ban. ENVIRONMENTAL IMPACT; Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that It has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS; 1. Ordinance CS-237 2. Redline of Carlsbad Municipal Code sections 6.14.020 and 11.32.110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NQ. rQ-?37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 appiy in any circumstance where federal or state law regulates smoking or the use of e-cigarettes, ifthe federal or state law is more restrictive. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. // // // // // // // // // // // II - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ordmance 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 3rd day of December 2013, and thereafter PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2013, by the following vote, to wit: AYES: NOES: ABSENT- APPROVED AS TO FORM AND LEGALITY: CELIA BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk 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. (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 (iLthe 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'1 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. 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 of this 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.