Smoking Ord-Work SessionWork Session
Discuss Possible Revisions to Chapter 10, Article V. “Public Smoking”
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City Council Decisions
Determine if staff should proceed with amending the smoking ordinance to:
Regulate the use of e-cigarettes the same as smoking tobacco products
Increase the distance from which smoking
is prohibited from a building exit/entrance from 12’ to 20’.
Prohibit the sale of e-cigarettes to minors
A law prohibiting the sale of e-cigarettes to minors in Texas went into effect October 1st.
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Current Smoking Ordinance
No smoking in a public building or within 12 feet of an
entrance to a public building
“Smoke” or “Smoking” means inhaling, exhaling, or
burning a lighted cigar, cigarette,
pipe or other lighted
tobacco product in any manner or form.
“Public building” means any building other than a building used as a private residence or hotel/motel room. If portions of a building are used as a private residence or hotel room and
another portion of the building is used for business purposes or commercial activities, then “public building” as used herein shall apply to the portions of the building used for business
purposes or commercial purposes, but not the portion used solely as a residence or hotel room. The term “public building” includes, but is not limited to, restaurants, bars and taverns.
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E-cigarettes, also called Electronic Nicotine Delivery Systems (ENDS) or personal vaporizers (PV)
FDA does not currently regulate
Few studies on the effects of second hand e-cigarette
smoke
World Health Organization proposed a ban on the use of e-cigarettes indoors.
Marketed to young adults and adolescents.
Not regulated by the US Food and Drug Administration
(FDA), and no rigorous scientific studies have shown that they are safe for use.
Bullet #1
An e-cigarette is a battery-powered tube about the size and shape of a cigarette. A heating device warms a liquid inside the cartridge, creating a vapor you breathe in. Puffing
on an e-cigarette is called "vaping" instead of "smoking." E-cigarettes, also called Electronic Nicotine Delivery Systems (ENDS) or personal vaporizers (PV), present a way for smokers
to ingest nicotine.
E – cigarettes are touted by some users as a “safer” alternative to smoking, and a way to either quit smoking cigarettes, or to smoke in places where cigarette
smoking is not allowed.
Because there are so many unknowns about the possible health risks of e-cigarettes, the FDA is looking to regulate these products as it does tobacco cigarettes
and smokeless tobacco products.
Not distribute free samples.
Minimum age and identification restrictions to prevent sales to underage youth;
Requirements to include health warnings;
and
Prohibition of vending machine sales, unless in a facility that never admits youth.
Bullet #2
Journal of Environmental Science, Processes and Impacts, researchers at the University
of Southern California analyzed second-hand smoke from e-cigarettes and found an overall 10-fold decrease in exposure to harmful particles compared to traditional cigarette smoke. However,
they did find a significant increase in exposure to some harmful metals coming from e-cigarette smoke. Second-hand smoke from e-cigarettes yielded exposure to almost no polycyclic aromatic
hydrocarbons — cancer-causing compounds known as organic carcinogens — that are released into the air as tobacco cigarettes burn. But despite having less harmful organic compounds and
an overall decrease in toxic metal emissions, e-cigarette smoke did contain chromium and nickel at levels four times higher than tobacco cigarettes. Lead and zinc were also found in
the smoke, but they occurred at levels lower than regular cigarettes.
WHO - Indoor use: legal steps should be taken to end use of e-cigarettes indoors in public and work places. Evidence
suggests that exhaled e-cigarette aerosol increases the background air level of some toxicants, nicotine and particles.
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E- Cigarette Components
Determine if City Council wants staff to amend the smoking
ordinance to:
1) Prohibit the use of electronic smoking devices in public
buildings, or within 12’ of an entrance
or exit
2) Restricting the sale of e-cigarettes to minors
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According to 2014 data from the Centers for Disease Control and Prevention (CDC), use of e-cigarettes among high school and middle school students tripled from 2012 to 2013, with more
than 2 million students reporting that they had used the device in the past 30 days.
According to the CDC, nearly 250,000 youth who had never smoked tried e-cigarettes in 2013– a
3-fold increase from 2011.
In 2014, more teenagers used e-cigarettes and personal vaporizers than all forms of tobacco products.
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American Academy of Pediatrics
Sales of e-cigarettes to minors younger than 18 years should be prohibited.
Candy and fruit flavored e-cigarettes, which encourage youth smoking initiation,
should be banned.
Federal, state, and local governments should enact and enforce laws that mandate the provision of smoke-free environments, including e-cigarette vapor, in all public
places and require employers to provide smoke-free/e-cigarette vapor-free work environments for their employees.
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Amendment Details
Add definition for Electronic Smoking Device (Section 10-151)
Include Electronic Smoking Device to list of prohibited smoking acts (Section 10-152)
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Added Definition
Electronic smoking device means an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether
they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product
name or descriptor.
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Amended Text
Smoke or smoking means inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or form; or inhaling, exhaling from an electronic
smoking device.
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Amended Text
Sec. 10-152. Smoking prohibited in public buildings, or within 12 20 feet of an entrance or exit to a public building; signs required; and prohibited acts.
(a) It shall be unlawful
for any person to perform the following acts in any public building in the City of Southlake or within 12 20 feet of any entrance or exit to any public building:
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Amended Text
It shall be unlawful for any person to perform the following acts in any public building in the city or within 12 feet of any entrance or exit to any public building:
Smoke,
Carry a
lighted cigarette, cigar, tobacco-containing pipe, or an operating electronic smoking device, or
Light a cigarette, cigar, tobacco-containing pipe or operate an electronic smoking device.
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Park Ordinance
Sec. 12-32. - Rules and regulations.
The following regulations and restrictions are prescribed for the use of city parks:
Smoking prohibited except in designated areas. It shall be
unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at city parks.
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Neighboring Cities
The following Cities have amended their smoking ordinances to include electronic cigarettes and/or e-cigarettes:
Frisco
Denton
Carrollton
Mansfield (limited to minors)
Highland Village
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Possible Schedule
January 26th – SPIN Meeting
February 2nd – 1st Reading
February 16th – 2nd Reading
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Questions?
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Summary Safety of electronic cigarettes?
The nicotine inside the cartridges is addictive which could be considered a “gateway drug”
Although levels are not as high as in tobacco cigarettes, e-cigarettes give off some levels
of dangerous chemicals
Research doesn’t know enough about long-term risks or the effects of secondhand exposure.
Nicotine can affect brain development in children and teens
FDA working
on new regulations
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SALE OR DISTRIBUTION OF ELECTRONIC VAPING DEVICE AND LIQUID NICOTINE TO MINORS PROHIBITED.
(A) A person commits an offense if the person sells, gives, transfers or otherwise causes
to be sold or given an electronic vaping device or liquid nicotine to a minor or to a another person who intends to deliver it to a minor.
(B) If an offense under this section
occurs in connection with a sale or delivery of an electronic vaping device or liquid nicotine at a business by an employee of the business, the employee who commits the offense shall
also be subject to prosecution in addition to the business.
(C) It is a defense to prosecution under this section that at the time of the sale or delivery of an electronic vaping
device or liquid nicotine, the minor presented the person with an apparently valid identification showing that the minor was at least 18 years of age.
Amended Text
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