The URL can be used to link to this page

Home My WebLink About2014-3600 - Ordinance - 09/11/2014 ORDINANCE NO. &oi l-I Sipa° AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 9, "TOBACCO PRODUCTS AND SMOKING"; TO PROHIBIT THE SALE OF ELECTRONIC CIGARETTES TO, POSSESSION OF AND USE BY MINORS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station has determined that e-cigarettes come in a variety of flavors, including watermelon, pineapple, cherry, peaches and cream, sugar cookie, and coffee, that may attract teens and pre-teens to these products; and WHE' AS,the National Youth Tobacco Survey finds that e-cigarette use among middle school and high school students has doubled from 2011 to 2012; and WHE' AS, the City Council of the City of College Station has determined that the nicotine available in e-cigarettes is a highly addictive substance and has the potential to lead to dependence by the user; and WHEREAS,researchers with the University of California—San Francisco find that e-cigarettes have not been proven to help people quit smoking; and WHEREAS,a 2009 study conducted by the FDA found trace amounts of toxins,including diethylene glycol and nitrosamines, in the ingredients of two leading e-cigarette brands; and WHE AS, the City Council of the City of College Station has determined that e-cigarettes are currently not regulated by the State of Texas or the federal government; and WHEREAS, given the current state of research and knowledge on e-cigarettes, the City Council of the City of College Station believes it is necessary to impose reasonable regulations on the purchase, possession, and use of e-cigarettes; and WHEREAS,the City Council of the City of College Station finds that the policies contained herein are necessary to ensure the health and safety of the citizens of College Station, Texas. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The purpose of this ordinance is to regulate the purchase, possession and use of electronic cigarettes by minors. PART 2: That Chapter 7, Section 9, of the Code of Ordinances of the City of College Station, Texas be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 3: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holdings shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 4: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollar ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council. PASSED, ADOPTED, and APPROVED this day of 4 - : . J' .... , 2014. APPROVED: Mayor ATTEST: A-Aeh., City Secretar..,u. . . ..... ...... ... .._... APPROVED: _ 7.5 I � ..:g City Attorney EXHIBIT A That Chapter 7, "HEALTH AND SANITATION", Section 9, "TOBACCO PRODUCTS AND SMOKING" of the Code of Ordinances of the City of College Station, Texas is hereby amended to include the following: A. Definitions. ******* (3) Smoke or smoking includes: (a) Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (b) Lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or (c) Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device. ***** (10) Electronic Cigarette and/or e-cigarette means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an u'oigoreuo, u'xigor, o'pipc, e-hookah, or vape pen, or under any other product name or descriptor. (11) Electronic Vaping Device shall have the same definition as electronic cigarette. (12) Vaporizing Cigarette shall have the same definition as electronic cigarette. (13) Minor shall mean a person younger than 18 years of age. D. Offense; penalty. (I) A person commits an offense if the person smokes at a public meeting, in a public place, in a workplace or in any other enclosed, indoor area in which "no smoking" signs are conspicuously posted by the person in charge,and the person is not in an area designated as a smoking area under subsection C. below. (2) It is a defense to: (a) subsection B (1)that the person is smoking: (I) As an actor or actress in a theatrical performance; or (2) A tobacco specialty shop; or (3) At a hookah bar; or (4) As required of a participant in a smoking-related medical or scientific research study. (b) subsections H/l), (2)or(3), if at the time of the sale, the minor presentd the person or business with a facially valid proof of identification showing the minor was at least 18 years of age. (3) Smoking shall be allowed,without any requirement for signage by the person in charge under subsection C.(l), where smoking is permitted by subsection B.(2). However, smoking is not allowed at any public meetingin any public place, or in a workplace unless specifically permitted by subsection B.(2). (4) A minor commits an offense if the minor violates subsection G.(l) or G.(2). (5) A person or business commits an offense if the person or business violates subsections 8(/), (2)or(3). ******** G. Possession and Use of Electronic Cigarettes by Minors (1) The possession, purchase, acquisition, consumption, or use of electronic cigarettes, e- cigarettes, electronic vaping devices, or vaporizing cigarettes by minors is prohibited. (2) A minor is prohibited from misrepresenting himself or herself to be 18 years of age or older for the purpose of acquiring or receiving an electronic cigarette, e-cigarette, electronic vaping device, or vaporizing cigarette. B. Solicitation or Sale of Electronic Cigarettes to Minors (1) No person or business shall sell, cause to be sold, give, distribute, or transfer an electronic cigarette, o'oigurettom, electronic vaping devices, or vaporizing cigarettes to minors. (2) No person or business shall sell, cause to be sold, give, distribute, or transfer an electronic cigarette,e-cigarettes,electronic vaping devices,or vaporizing cigarettes to another person who intends to deliver or give it to someone who is a minor. (3) No person or business shall solicit or engage minors in the testing, product-sampling or other business-related purpose involving the iuba|uhonorotboroacofo'ci&arotteo, regardless of whether a minor is an employee, contractor or volunteer.