Ord 01-15ORDINANCE NO. 01 -15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132,
"OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF
THE CODE OF ORDINANCES BY CREATING SECTION
13 32 .11, "ELECTRONIC CIGARETTES, (E- CIGARETTES)",
LIMITING THE LOCATIONS WHERE E- CIGARETTES CAN
BE USED; PROVIDING FINDINGS IN SUPPORT OF THE
ADOPTION OF THE ORDINANCE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the people have a right to and should be ensured an environment free from
potentially harmful substances that might jeopardize their health, safety and welfare or degrade their
duality of life; and
WHEREAS, nicotine is a known neurotoxin and is one of the most highly addictive
substances available for public consumption; and
WHEREAS, the dangers posed by nicotine are not limited to cigarettes, pipes or other
traditional forms of tobacco smoking; and
WHEREAS, nicotine dispensing devices, commonly referred to as electronic cigarettes or
e- cigarettes, ate readily available to consumers. These devices closely resemble and purposef -O y
mimic traditional smoking by having users inhale vaporized liquid nicotine created by heat through
an electronic ignition system. The vapors ate expelled via a cartridge that usually contains a
concentration of pure nicotine. The cartridge and ignition system ate housed in a device created to
loop like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated
vapors producing a cloud of nicotine, particulates, and potentially toxic organic chemicals; and
WHEREAS, the U. S. Food and Drug Administration (FDA) conducted a laboratory
analysis that indicated that e- cigarettes expose users to harmful chemical ingredients. This testing
showed that e- cigarettes contain carcinogens, including nitrosamines. Further, the FDA tests showed
that e- cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is
a common ingredient in antifreeze and, according to the FDA, a potent kidney and liver toxin when
ingested; and
WHEREAS, the American Heart Association has adopted findings based on studies of
secondhand emissions that concluded that regular use of e- cigarettes in an enclosed space may
contaminate the environment with nicotine and fine particles; and
WHEREAS, the American Heart Association supports the inclusion of e- cigarettes in new
smoke -free air laws. Although the levels of toxic components in e- cigarette emissions are much
lower than those in tobacco smoke, there is still some level of passive exposure to nicotine and fine
particles. W12ile there is insuffi cient evidence to support the notion that exposure to these emissions
has a harmful impact on bystanders, there is concern that nonsmokers will be involuntarily exposed
to nicotine, which could be substantial where there is heavy e- cigarette use in confined spaces; and
WHEREAS, the American Heart Association has determined that the use of e- cigarettes,
particularly in places where smoking is prohibited, may increase the social acceptability and appeal of
smoking, particularly for youth, potentially undermining the enot mous progress that has been made
over the years in discouraging smold ag; and
WHEREAS, the American Heart Association has determined that the use of e- cigarettes,
particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by
making it easier for them to maintain their nicotine addiction; and
WHEREAS, the Florida Clean Indoor Air Act, Chapter 386, Florida Statutes was enacted in
part to protect people from the health hazards of secondhand tobacco smoke; and
WHEREAS, the Florida Clean Indoor Air Act prohibits tobacco smoking in enclosed
indoor workplaces which means any place where one or more persons engages in work and which
place is predominantly or totally bounded on all sides and above by physical barriers. Tobacco
smoking may be permitted in private residences, retail tobacco shops, designated smoking guest
rooms, stand -alone bars, places of smoking cessation programs, places of medical or scientific
research, or customs smoking rooms. as defined by Chapter 386, Section 2045 "Enclosed indoor
workplaces; specific exceptions "; and
WHEREAS, under Chapter 877, Section 112, Florida Statutes it is unlawful to sell a
nicotine dispensing device, including an e- cigarette, to any person who is under 18 years of age, and
it is unlawful for any person under 18 years of age to knowingly possess any nicotine dispensing
device; and
WHEREAS, the City Commission agrees with the findings of the American Heart
Association and has determined that the prohibition of e- cigarette use in enclosed indoor
workplaces as defined in the Florida Clean Indoor Air Act promotes the health, safety and welfare
of the residents of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 132; "Offenses Against Public Peace and Safety", of the Code of
Ordinances of the City of Delray Beach is amended by creating Section 132.11, "Electronic
2
Ord No. 01 -15
Cigarettes, (E - cigarettes) ", to read as follows:
Sec. 132.11— ELECTROi"ZrC CIGARETTES, (E-CIGARETTES ).
A De ihitiozzs. For the puWose of this chapter:
(1} _ E -y aretie means and
nicotine dispensing device that employs an
electronic, chemical, or mechanical means to produce vapor Rolm a nicotine product,
including; but not limited to, an electronic cigarette, electronic cigar. electronic cigarillo
electronic Pipe, or other similar device or product.
2 Use of an e -ei amM means the heating or igaiiing of an e- ci arette
which creates a vapor of liquid nicotine and /or other substances mixed with Propylene
glycol that the user inhales in simulation of smoking
3 Retail e -ci aretie sI?qP means any enclosed indoor wo ftlace dedicated
to or predominantly for the retail sale of e- cigarettes, e- cigarette Products, and accessories
for such products, in which the sale of other products or services is merely incidental.
Prohibition of using e -y arettes in cei�ailz locations. The use of an e -cigarette is fohibited in
all enclosed indoor wo�&places within the Cit roof Delray Beach at which tobacco stroking is
prohibited under the Florida Clean Indoor Air Act as defined in 386.203(5), Florida Statutes
except for retail e--ci rette shops and those places listed in 386.2045 Florida Statutes
"Enclosed indoor workplaces, exceptions ".
(Q Pezz4L Violation of any of the Provisions of this Ordinance shall be punishable as
set forth in Section 10.99 of this Code.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the rem. ainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
3
Ord No. 01 -15
PASSED AND ADOPTED in regular session on second and final reading on this the 20th
day of anu , 2015.
MAYOR
ATTEST:
City Clerk tt
First Readin
Second Reading �Ua r0 21/I
4
Ord No. 01 -15
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: January 12, 2015
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JANUARY 20, 2015
ORDINANCE NO. 01 -15 (SECOND READING)
BACKGROUND
At the first reading on January 6, 2015, the Commission passed Ordinance No. 01 -15.
DISCUSSION
This ordinance is before Commission for second reading to consider an amendment to Chapter 132,
"Offenses Against Public Peace and Safety ", of the Code of Ordinances by creating Section 132.11,
"Electronic Cigarettes (E- cigarettes) ", limiting the locations where e- cigarettes can be used; providing
findings in support of the adoption of the ordinance.
RECOMMENDATION
Recommend approval of Ordinance No. 01 -15 on second and final reading.
ORDINANCE NO. 01 -15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132,
"OFFENSES AGAINST PUBLIC PEACE AND SAFETY ", OF
THE CODE OF ORDINANCES BY CREATING SECTION
132.11, "ELECTRONIC CIGARETTES, (E- CIGARETTES) ",
LIMITING THE LOCATIONS WHERE E- CIGARETTES CAN
BE USED; PROVIDING FINDINGS IN SUPPORT OF THE
ADOPTION OF THE ORDINANCE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the people have a right to and should be ensured an environment free from
potentially harmful substances that might jeopardize their health, safety and welfare or degrade their
quality of life; and
WHEREAS, nicotine is a known neurotoxin and is one of the most highly addictive
substances available for public consumption; and
WHEREAS, the dangers posed by nicotine are not limited to cigarettes, pipes or other
traditional forms of tobacco smoking; and
WHEREAS, nicotine dispensing devices, commonly referred to as electronic cigarettes or e-
cigarettes, are readily available to consumers. These devices closely resemble and purposefully
mimic traditional smoking by having users inhale vaporized liquid nicotine created by heat through
an electronic ignition system. The vapors are expelled via a cartridge that usually contains a
concentration of pure nicotine. The cartridge and ignition system are housed in a device created to
look like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated
vapors producing a cloud of nicotine, particulates, and potentially toxic organic chemicals; and
WHEREAS, the U. S. Food and Drug Administration (FDA) conducted a laboratory
analysis that indicated that e- cigarettes expose users to harmful chemical ingredients. This testing
showed that e- cigarettes contain carcinogens, including nitrosamines. Further, the FDA tests showed
that e- cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is
a common ingredient in antifreeze and, according to the FDA, a potent kidney and liver toxin when
ingested; and
WHEREAS, the American Heart Association has adopted findings based on studies of
secondhand emissions that concluded that regular use of e- cigarettes in an enclosed space may
contaminate the environment with nicotine and fine particles; and
WHEREAS, the American Heart Association supports the inclusion of e- cigarettes in new
smoke -free air laws. Although the levels of toxic components in e- cigarette emissions are much
lower than those in tobacco smoke, there is still some level of passive exposure to nicotine and fine
particles. While there is insufficient evidence to support the notion that exposure to these emissions
has a harmful impact on bystanders, there is concern that nonsmokers will be involuntarily exposed
to nicotine, which could be substantial where there is heavy e- cigarette use in confined spaces; and
WHEREAS, the American Heart Association has determined that the use of e- cigarettes,
particularly in places where smoking is prohibited, may increase the social acceptability and appeal of
smoking, particularly for youth, potentially undermining the enormous progress that has been made
over the years in discouraging smoking; and
WHEREAS, the American Heart Association has determined that the use of e- cigarettes,
particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by
making it easier for them to maintain their nicotine addiction; and
WHEREAS, the Florida Clean Indoor Air Act, Chapter 386, Florida Statutes was enacted in
part to protect people from the health hazards of secondhand tobacco smoke; and
WHEREAS, the Florida Clean Indoor Air Act prohibits tobacco smoking in enclosed
indoor workplaces which means any place where one or more persons engages in work and which
place is predominantly or totally bounded on all sides and above by physical barriers. Tobacco
smoking may be permitted in private residences, retail tobacco shops, designated smoking guest
rooms, stand -alone bars, places of smoking cessation programs, places of medical or scientific
research, or customs smoking rooms as defined by Chapter 386, Section 2045 "Enclosed indoor
workplaces; specific exceptions "; and
WHEREAS, under Chapter 877, Section 112, Florida Statutes it is unlawful to sell a nicotine
dispensing device, including an e- cigarette, to any person who is under 18 years of age, and it is
unlawful for any person under 18 years of age to knowingly possess any nicotine dispensing device;
and
WHEREAS, the City Commission agrees with the findings of the American Heart
Association and has determined that the prohibition of e- cigarette use in enclosed indoor
workplaces as defined in the Florida Clean Indoor Air Act promotes the health, safety and welfare
of the residents of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 132, "Offenses Against Public Peace and Safety ", of the Code
of Ordinances of the City of Delray Beach is amended by creating Section 132.11, "Electronic
Cigarettes, (E- cigarettes) ", to read as follows:
2
Ord No. 01 -15
Sec. 132.11— ELECTRONIC CIGARETTES,(E- CIGARETTES).
(A) Definitions. For the purpose of this chapter.
(1) E- cigarette means any nicotine dispensing device that emplo swan
electronic, chemical, or mechanical means to produce vapor from a nicotine product,
including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or other similar device or product.
(2) Use of an e- cigarette means the heating or igniting of an e- cigarette
which creates a vapor of liduid nicotine and /or other substances mixed with prop, lT
glycol that the user inhales in simulation of smoking,
(3) Retail e- cigarette shod means any enclosed indoor workplace dedicated
to or predominantly for the retail sale of e- cigarettes, e- cigarette products, and accessories
for such products, in which the sale of other products or services is merely incidental.
(L3) Prohibition of using e- cigarettes in certain locations. The use of an e- cigarette is prohibited in
all enclosed indoor workplaces within the City of Delray Beach at which tobacco smoking is
prohibited under the Florida Clean Indoor Air Act as defined in 386.203(5). Florida Statutes
except for retail e- cigarette shops and those places listed in 386.2045, Florida Statutes
"Enclosed indoor workplaces, specific exceptions ".
(C) Penalty. Violation of any of the provisions of this Ordinance shall be punishable as
set forth in Section 10.99 of this Code.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
Ord No. 01 -15
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 12015.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
4
Ord No. 01 -15
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: December 19, 2014
Page 1 of 2
SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JANUARY 6, 2015
ORDINANCE NO. 01 -15 /E- CIGARETTE REGULATION
BACKGROUND
The attached Ordinance No. 1 -15 is amending Chapter 132 "Offenses Against Public Peace and Safety"
of the Code of Ordinances to include regulations for the use of e- cigarettes.
During the non - agenda portion of Commission discussion on December 2nd, a question arose regarding
the status of an E- Cigarette Ordinance. As a result of this discussion, the proposed ordinance amends
Chapter 132 of the City's Code of Ordinances by creating Section 132.11 limiting the locations where
e- cigarettes can be used.
LEGAL DEPARTMENT REVIEW
Our understanding for the basis of enacting this ordinance is based on the City Commission's
determination that it is in the public interest to protect citizens from the potentially harmful effects of
nicotine in e- cigarette emissions, prevent an increase in the social acceptability and appeal of smoking,
particularly for youth, and avoid interfering with smokers' attempts to quit by making it easier for them
to maintain their nicotine addiction. These findings are critical in order for the City to prohibit e-
cigarette use in private establishments. If challenged, the City has the burden of proving that the
ordinance is rationally related to a legitimate governmental purpose.
Several counties and cities in the state have enacted similar ordinances, including:
Alachua County: Ordinance passed on December 10, 2013;
City of Stuart: Ordinance passed on November 25, 2013;
Town of Orange Park: Ordinance passed on December 3, 2013;
Marion County: Ordinance passed on November 19, 2013; and
City of Sebastian: Ordinance passed on November 13, 2013.
http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 8711 &MeetinglD=541 1/12/2015
Coversheet
Similar e- cigarette laws have also been enacted outside of Florida, including:
City of New York
Chicago
Los Angeles
Page 2 of 2
Other states have also enacted similar, less restrictive, e- cigarette laws. For example, the Minnesota
Clean Indoor Air Act prohibits e- cigarette use in licensed day care facilities, health care facilities,
buildings owned or operated by the state, and similar locations. The proposed ordinance could be
altered to restrict e- cigarette use only on City property.
DISCUSSION
Electronic cigarette, or e- cigarette, means any nicotine dispensing device that employs an electronic,
chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to,
an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or
product.
Under the proposed ordinance, e- cigarette use is prohibited in all enclosed indoor workplaces within the
City where tobacco smoking is prohibited under the Florida Clean Indoor Air Act. Enclosed indoor
workplace means any place where one or more persons engages in work and is predominantly or totally
bounded on all sides and above by physical barriers.
As with tobacco products, the ordinance does not prohibit e- cigarette use in private residences, retail
tobacco shops, designated smoking guest rooms, stand -alone bars, places where smoking cessation
programs or medical or scientific research is held, or customs smoking rooms. Also, the ordinance does
not prohibit e- cigarette use in retail e- cigarette shops. Furthermore, as with tobacco products, the
ordinance does not prohibit e- cigarette use in sidewalk cafes where the space is less than 50 percent
covered from above by a physical barrier and less than 50 percent of the combined surface area of its
sides is covered by a closed physical barrier.
The American Heart Association supports the inclusion of e- cigarettes in new smoke -free air laws. In its
policy statement dated August 2014, it cited to studies that determined that the levels of toxic
components in e- cigarette emissions are much lower than those in cigarette smoke. However, these
studies find that there is still some level of passive exposure to nicotine and fine particles. While there is
insufficient evidence to support the notion that exposure to these emissions has a harmful impact on
bystanders, there is concern that nonsmokers will be involuntarily exposed to nicotine, which could be
substantial where there is heavy e- cigarette use in confined spaces.
RECOMMENDATION
Commission discretion.
http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 8711 &MeetinglD=541 1/12/2015
2F SOUTH FLORIDA SUNSENTINEL SUNSENTINEL.COM Friday,January 9, 2015
l
CITY OF DELRAY BEACH,,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the fcI-
lowing ptoposed ordinance on JANUARY
20,2015 at 7:00 P.M.or at any continua-
tion of such meeting which is set by the
Commission),in the
Commission Ch@Mooers,100 N.W.1st
Avenue,Delray Beach,Florida,at Which
time the City Commission will consider
its adoption.The proposed ordinance
may be inspected at the Office of the City
Clerk at City Hall;100 N.W.1st Avenue,
Delray Reach,Florida,between 8:00 a.m.
and 5:00 p.m.,Monday through Friday,
except holidays. Interested parties are in-
vited to attend and be heard with respect
to the proposed ordinance.
ORDINANCE NO.01-15
AN ORDINANCE OF THE CITY COMMIS-
SION OFTHE CITY OF DELRAY BEACH,
FLORIDA,AMENDING CHAPTER 132,
"OFFENSES AGAINST PUBLIC,PEACE AND
SAFETY",OF THE CODE OF ORDINANCES
BY CREATING SECTION 132.11,"ELEC-
TRONiC CIGARETTES,(E-CIGARFTTES)",
LIMITING THE LOCATIONS WHERE E-CIGA-
RETTES CAN BE USED;PROVIDING RND-
INGS IN SUPPORT OF THE ADOPTION OF
THE ORDINANCE,PROVIDING A GENERAL
REPEALER CLAUSE,A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
Please be advised that if a person decides
to appeal any decision made by the Clty
Commission with respect to any matter
considered at this hearing,such person
may need to ensure that a verbatim re-
cold includes the testimony and evidence
upon which the appeal is to be based.
The City does not provide nor prepare
such record pursuant fo F.S.286.0105..
CITY OF DELRAY BEACH
Chevelle D,NUbin,MMC
City Clerk
1/9/2015