HomeMy WebLinkAboutCC ORD 2018-2452 Amend Chapter 9 Restricting Smoking Sales Electronic Smoking DevicesORDINANCE NO. 2018 — 2452
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
CHAPTER 9.37 (PROHIBITION OF SMOKING IN OPEN AIR DINING AREAS),
CHAPTER 9.38 (RESTRICTING THE SALE, DISPLAY, AND PROMOTION OF
TOBACCO PRODUCTS OR CIGARETTES TO MINORS), AND CHAPTER 10.52
(REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS
AND GOLF COURSES) RELATED TO ELECTRONIC SMOKING DEVICES
WHEREAS, the City of National City (the "City"), pursuant to the police powers
delegated to it by the California Constitution, has the authority to enact or amend laws which
promote the public health, safety, and general welfare of its residents; and
WHEREAS, National City Municipal Code Chapters 9.37, 9.38, and 10.52
currently regulate tobacco product use and prohibits smoking in certain public areas but does
not encompass the use of electronic smoking devices; and
WHEREAS, electronic smoking devices or "e-cigarettes" are battery -operated
devices designed to deliver nicotine, flavors, and other substances through a vapor inhaled by
the user; and
WHEREAS, during the past several years the popularity of electronic smoking
devices, including electronic cigarettes or "e-cigarettes", in this country has grown exponentially;
and
WHEREAS, while relatively new, there are several studies that have determined
that there are significant health concerns related to electronic smoking devices and vaping,
including at least one study that shows secondhand aerosol exhaled by users contains nicotine
and toxins causing potentially harmful effects from passive inhalation of the vapors on
bystanders; and
WHEREAS, the use of electronic smoking devices in locations where other types
of cigarettes, pipes, and cigars are prohibited may cause confusion and uncertainty, and make it
more difficult to enforce bans on smoking; and
WHEREAS, California state law prohibits the sale of electronic smoking devices
to minors; and
WHEREAS, the City Council of the City of National City desires to amend the
National City Municipal Code as it regulates and prohibits smoking and the use of tobacco
products in Chapters 9.37, 9.38, and 10.52 to include electronic smoking devices and other
similar devices in order to promote a smoke free environment for its citizens and visitors in the
City.
WHEREAS, pursuant to the terms and provisions of the California Government
Code, proceedings were duly initiated for the amendment of the National City Municipal Code
(NCMC).
NOW, THEREFORE, the City Council does ordain as follows:
Section 1. All protests, if any, against said amendment to the Municipal Code and
each of them be and hereby are denied and overruled.
Section 2. That Subsection 9.37.010 (D) of the National City Municipal Code is
amended to read as follows:
9.37.010 Definitions.
D. "Smoking" means inhaling, exhaling, burning, or carrying any
lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco
or plant product intended for inhalation, whether natural or synthetic, in any
manner or in any form. "Smoking" includes the use of an electronic smoking
device that creates an aerosol or vapor, in any manner or in any form, or the use
of any oral smoking device for the purpose of circumventing the prohibition of
smoking.
Section 3. That Section 9.37.010 of the National City Municipal Code is amended to
add subsections (E) and (F) as follows:
E. "Tobacco product" means any of the following:
1. A product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, heated,
chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other
means, including, but not limited to, cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, or snuff.
2. An electronic device that delivers nicotine or other
vaporized liquids to the person inhaling from the device, including, but not limited
to, an electronic cigarette, cigar, pipe, or hookah.
3. Any component, part, or accessory of a tobacco product,
whether or not sold separately.
F. "Tobacco product" does not include a product that has been
approved by the United States Food and Drug Administration for sale as a
tobacco cessation product or for other therapeutic purposes where the product
is marketed and sold solely for such an approved purpose.
Section 4. That Section 9.38.050 of the National City Municipal Code is amended to
read as follows:
Section 9.38.050 Exceptions to location of tobacco products and
tobacco advertising displays inside retail establishments.
A. Section 9.38.040 does not apply to commercial establishments
where access to the premises by persons under twenty-one years of age is
prohibited by law.
B. Section 9.38.040A does not apply within any establishment to
displays containing tobacco products which are not accessible and visible to
patrons, or to displays located above, behind or below a sales counter and which
are not accessible to patrons. Any display containing tobacco products shall not
be used as an "advertising display" as defined in Section 9.38.020.
Ordinance No. 2018-2452 2 Amending NCMC
December 4, 2018 Titles 9 and 10
Section 5. That Section 9.38.080 of the National City Municipal Code is amended to
read as follows:
Section 9.38.080 Posting of signs regarding tobacco products and
cigarette sales to minors.
A. Every tobacco retailer shall post conspicuously in their place of
business at each point of purchase a notice stating that the sale of tobacco
products and cigarettes to persons under twenty-one years of age is prohibited
by law and subject to penalties, except for United States Armed Forces active
duty personnel with military ID who are at least 18 years of age. The notice shall
also state that photo identification is required to purchase tobacco products and
cigarettes. The letters of the sign shall be at least one-half inch in height.
B. Any sign meeting the content requirements of California Business
and Professional Code Section 22952(b) and regulations promulgated
thereunder, and the posting requirements of California Penal Code Section
308(c), satisfies subsection "A" of this section.
Section 6 That Subsection 10.52.010 (HH) of the National City Municipal Code is
amended to read as follows:
HH. Except in any golf course, smoke any tobacco products or
dispose of any tobacco product in any place other than a designated waste
disposal container.
PASSED and ADOPTED this 4th day of Dece
Morn on, Mayor
ATTEST:
r rMichael R. calla, City Clerk
APPROVED AS TO FORM:
ngil ' t orris-J
Ci Attorney
Ordinance No. 2018-2452
Amending NCMC
December 4, 2018 Titles 9 and 10
3
Passed and adopted by the Council of the City of National City, California, on
December 4, 2018 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
By:
Mayor of the City of National City, California
City Clerk of the City of National City, California
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Di
ty
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 20, 2018 and on December 4, 2018.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2018-2452 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 4, 2018.
By:
City Clerk of the City of National City, California
Deputy