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Item 4MOrdinance No. 907A Amendment to Chapter 10, Article V. “Public Smoking” 1 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. 2 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. 3 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 4 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. 5 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. 6 Amendment Details Add definition for Electronic Smoking Device (Section 10-151) Include Electronic Smoking Device to list of prohibited smoking acts (Section 10-152) 7 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. 8 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. 9 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: 10 Amended Text It shall be unlawful for any person to perform the following acts in any public building in the city or within 12 20 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. 11 Amended Text Sec. 10-153. City Parks.   Smoking prohibited except in designated areas.   Sec. 12-32. - Rules and regulations. (This section will be deleted from the City Code) The following regulations and restrictions are prescribed for the use of city parks: (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at city parks. 12 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 13 Questions? 14