Item 6COrdinance No. 907A
Amendments to Chapter 10, Article V “Public Smoking” and Chapter 12, Article II “City Parks” of the Southlake City Code
The purpose of this item is to Consider on 2nd reading for amendments to Chapters 10 & 12 of the City Code related to public smoking.
“Health and Sanitation, Article V “Public
Smoking” and 12 “Parks and Recreation, Article II “City Parks,” of the Southlake City Code to
regulate the use of e-cigarettes within the City limits in the same manner as smoking
tobacco products and to increase the smoking prohibited setback distance from 12 ‘ to 20’ from any entrance or exit to any public building
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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.
The proposed changes to the smoking ordinance primarily focus on two areas. The first is increasing the setback from the entrance/exit of the public building for which smoking is prohibited.
The current ordinance prohibits smoking within 12’ an entrance/exit to a public building. The amended ordinance proposal extends this distance to 20 feet. The second area of possible
change is expanding the smoking definition to include e-cigarettes or vaping devices. The current smoking ordinance only addresses tobacco related products.
“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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Amendment Details
Amended the “smoke or smoking” definition and added definition for Electronic Smoking Device (Section 10-151)
Increased distance from the entrance/exit of a public building and included
Electronic Smoking Device to list of prohibited smoking acts (Section 10-152)
Prohibited smoking in City Parks except in designated areas (Section 10-153)
Within 20’ of the doorway
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Amended Definition (Section 10-151)
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.
I will quickly go over the proposed changes to the ordinance. These changes are also outlined in your in your staff report. Under the definition section the definition for smoke or
smoking was modified to include inhaling, exhaling from an electronic smoking device.
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Added Definition (Section 10-151)
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.
Also in the definition section a definition for electronic smoking device was added.
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Amended Text (Section 10-152)
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.
Under section 10-152 of the ordinance the distance setback from an entrance or exit to a public building has been increased to 20’
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Amended Text (Section 10-152)
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.
Also in this section the regulations have been modified to prohibit the operation of an electronic smoking device within a public building or within 20’ of the doorway
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Amended Text
Sec. 10-153. City Parks.
Smoking prohibited except in designated areas.
Sec. 12-32. - Rules and regulations. (Section 12-32.10 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.
Also, a section has been added to address smoking in City parks. Smoking is prohibited in City parks except in designated areas. Also section 12 -32.(10) will be deleted
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City Council Action
February 2, 2016; Approved 1st reading (6-0) on Consent with no changes.
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Questions?
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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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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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