REPORT to the Mayor and Members of the City Council from the City Manager

Transcription

1 CITY OF PALMDALE REPORT to the Mayor and Members of the City Council from the City Manager DATE: SUBJECT: ISSUING DEPARTMENT: May 7, 2014 Proposed Ordinance No. 1456, Prohibiting the Use of Electronic Cigarettes in Those Places of the City Where Smoking is Prohibited Office of the City Attorney SUMMARY Issues: Shall the City Council Approve Proposed Ordinance No. 1456, Prohibiting the Use of Electronic Cigarettes in Those Places of the City Where Smoking is Prohibited? Recommendation: Staff recommends that the City Council receive public testimony regarding proposed Ordinance Fiscal Impact: None. DISCUSSION In 1993, the City Council enacted Ordinance Number 1024 establishing rules regulating smoking in encfosed public places and places of employment. Subsequently in 2006, the City Council adopted Ordinance No. 1291, which prohibited smoking at Palmdale Amphitheater, DryTown Water Park, and Best in the West Softball Complex, and restricted smoking at all other outdoor city owned, leased, or operated facilities to

2 Staff Report: Ordinance No May 7, 2014 Page 2 of 3 certain designated areas. At that time, the City Council determined the following: Reports issued by the U.S. Surgeon General have outlined several adverse health consequences of inhaling secondhand smoke. Of particular concern, the U.S. Surgeon General has found that "the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke" and that even "brief exposure" to second hand smoke can trigger "respiratory symptoms, including cough, phlegm, wheezing, and breathlessness" and "an asthma attack in children with asthma." The negative health effects second hand smoke has on the public are well known. The City is authorized under its police power to implement and enforce a ban on smoking in certain public places in order to protect the public health, safety and welfare of its residents and visitors. In 2007, a new nicotine delivery device called an electronic cigarette ("E-Cigarette") was introduced as an alternative to smoking tobacco. E-cigarettes do not contain tobacco and deliver nicotine by electronically vaporizing liquid containing nicotine, flavoring, and/or other ingredients. E-cigarettes have been marketed as a safer alternative to cigarettes and as a smoking cessation device. While very little research has been completed relating to the health effects of E-cigarettes and the second-hand vapor associated with E-cigarettes, a recent study published in Nicotine and Tobacco Research determined that second-hand vapor did contain nicotine and particulate matter. Although the levels of nicotine and particulate matter found in second-hand vapor were significantly less than what is commonly found in second-hand cigarette smoke, the author of that study concluded "that non-users of e-cigarettes might be exposed to nicotine but not to many toxicants when they are in close proximity to e cigarette users." At the March 5, 2014 City Council meeting, the City Council directed staff to bring forward a proposed ordinance regulating E-cigarettes in the same manner that cigarettes and other tobacco products are regulated. Proposed Ordinance No prohibits the use of E-cigarettes in those locations where tobacco smoking is currently prohibited. CONCLUSION Staff recommends that the City Council receive public testimony regarding proposed Ordinance Submitted by: Reviewed by: Noel Doran Assistant City Attorney Wm. Matthew Ditzhazy City Attorney \"~J

3 Staff Report: Ordinance No May 7, 2014 Page 3 of 3 Attachment: Proposed Ordinance No. 1456

4 CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE ADDING USE OF ELECTRONIC CIGARETTES TO THE DEFINITION OF "SMOKING" IN CHAPTERS 8.24 AND 8.34 OF THE PALMDALE MUNICIPAL CODE THEREBY PROHIBITING THE USE OF ELECTRONIC CIGARETTES IN THOSE PLACES OF THE CITY WHERE SMOKING IS PROHIBITED WHEREAS, in 1993, the City Council establishing rules regulating smoking employment; and ed Ordinance Number 1024 blic places and places of WHEREAS, in 2006, the uncil enacted Ordinance Number 1291 prohibiting smoking at the Palmdale Amphitheater, Best of the West Softball Complex, DryTown Water Park and at other outdoor City facilities, such as parks, except in designated areas, as determined by the City Manager; and WHEREAS, regulation of smoking in public places was based, in part, on the health hazards induced by exposure to second-hand and side-stream smoke including lung and other forms of cancer, respiratory infection, decreased respiratory function, broncho-constriction and broncho-spasm, and heart disease; and WHEREAS, the Surgeon General of the United States has determined that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that even brief exposure to second hand smoke can trigger respiratory symptoms and asthma attacks in children with asthma; and WHEREAS, A new nicotine delivery device called electronic cigarettes ("E Cigarettes") has been introduced marketed as a safer alternative to cigarettes and a smoking cessation device; and WHEREAS, A recent study published in Nicotine and Tobacco Research determined that second-hand a-cigarette vapor contained nicotine and particulate matter and that "non-users of a-cigarettes might be exposed to nicotine" when "in close proximity to a-cigarette users."

5 Ordinance No Page 2 WHEREAS, the city council finds and determined that all persons have the right to a smoke-free, vapor-free environment if they so desire; and WHEREAS, the city council finds and determines that use of electronic cigarettes should be regulated in the same manner as cigarettes and other tobacco products. THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection (N) of Section of the Palmdale Municipal Code is amended to read as follows: "Smoke" and "smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking produ ipment used to burn any tobacco products, weed, plant, or any other co stance. Smoking includes emitting or exhaling the fumes of an, cigarette, or any other lighted smoking equipment used for burnin obacco product, weed, plant, or any other combustible substance. Smoking includes the use of an electronic cigarette or any other electronic and/or battery operated device used to deliver an inhaled dose of nicotine or other substance. SECTION 2. The definition of "Smoking" in Section of the Palmdale Municipal Code is amended to read as follows: "Smoking" means the inhaling, exhaling, burning or carrying of any lighted pipe, cigar, cigarette, weed, plant or other combustible substances in any manner or in any form. Smoking includes the use of an electronic cigarette or any other electronic and/or battery operated device used to deliver an inhaled dose of nicotine or other substance. SECTION 3. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.

6 Ordinance No Page 3 SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTED this seventh day of May, 2014 effective on the seventh day of June, 2014 by the followin vote: AYES: NOES: ABSTAIN: ABSENT: James C. Ledford, Jr., Mayor ATTEST: APPROVED AS TO FORM: / Rebecca J. Smith, City Clerk Noel Doran, Assistant City Attorney