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HomeMy WebLinkAboutOrdinance 2014-428 ORDINANCE NO. 2014 -428 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING CHAPTER 99 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH ENTITLED "PUBLIC HEALTH AND SAFETY", INCLUDING ARTICLE I, ENTITLED "E-CIGARETTES", TO PROHIBIT THE SALE, GIFTING OR FURNISHING OF E-CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER THE AGE OF EIGHTEEN (18); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the primary purpose of the Code of Ordinances of the City of Sunny Isles Beach(the "City") is to protect the health, safety and welfare of residents and visitors alike of the City; and WHEREAS, the City Commission finds that the health dangers posed by tobacco and nicotine are not limited to merely cigarettes or other traditional forms of smoking; and WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic cigarettes or"e-cigarettes", have recently been made available to consumers, including young people under the age of eighteen (18) years of age, allowing users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and the vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and WHEREAS, e-cigarette manufacturers offer their nicotine cartridges in a variety of flavors that appeal to adolescents, including cherry, chocolate and vanilla. The U.S. Food and Drug Administration ("FDA") and public health advocates warn these flavorings are purposely meant to appeal to and attract adolescents and are commonly referred to as "training wheels" for traditional cigarettes; and WHEREAS, studies shows that adolescents can become addicted to nicotine after ingesting the equivalent of twenty (20) traditional cigarettes, the amount traditionally available in a single pack. The appeal created by flavored e-cigarettes can lead adolescents into a lifetime of nicotine addiction; and WHEREAS, the nicotine content in e-cigarettes is unknown and unspecified and presents a significant health risk of rapid addiction to consumers; WHEREAS, the percentage of United States middle and high school students who use e- cigarettes more than doubled from 2011 and 2012, according to data published by the Center for Disease Control and Prevention; and WHEREAS, federal law restricting the sale of tobacco products to minors currently applies only to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco, and does not apply to e-cigarettes; and WHEREAS, the City Commission finds that it is in the best interest of and is necessary to protect the health, safety and welfare of residents and visitors of the City by prohibiting the sale of e-cigarettes and liquid nicotine to minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment. Chapter 99 of the Code of Ordinances of the City of Sunny Isles Beach is hereby created and entitled "Public Health and Safety". Within said Chapter 99 is hereby included Article I, "E-cigarettes", which shall read as follows: Chapter 99 PUBLIC HEALTH AND SAFETY Article I. E-cigarettes; Sale of e-cigarettes and liquid nicotine to minors prohibited. § 99-1. Intent. The provisions of this Article are intended to prevent the sale, purchase, use and possession of p p , p p electronic cigarettes by persons under the age of eighteen (18), by regulating the commercial marketing and placement of such products. It is not the intent of this Article to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to Chapter 569, Florida Statutes, and this Article shall not be interpreted or construed to do so. § 99-2. Definitions. For the purpose of this Article, the following words and terms shall have the following meanings given herein: City means the City of Sunny Isles Beach, Florida. Minor means a person under the age of eighteen (18). Person means any individual, employee, partnership, company, private or closely held corporation, cooperative association, personal representative, receiver, trustee, assignee, or any other business or legal entity. g E-cigarette means an electronic cigarette or electronic smoking devices and accessories, as hereinafter defined. Electronic cigarette means any electronic smoking devices and accessories, electronic device composed of a mouthpiece, heating element, battery and electronic circuits, that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol or other chemicals, to the user that they inhale in simulation of smoking. This term shall include such devices whether they are manufactured as electronic cigarettes, e-cigarettes, e-cigars, e-pipes, e-hookah or under any other product name. Liquid Nicotine means any liquid product composed either in whole or in part of nicotine and/or other chemicals manufactured for use with e-cigarettes. Use of an e-cigarette means the heating or ignition or an e-cigarette which creates a vapor of liquid nicotine and/or other substances mixed with propylene glycol or other chemicals that the users inhale in simulation of smoking. § 99-3. Prohibited locations and uses. (a) It shall be unlawful to sell, give, or furnish an e-cigarette or liquid nicotine to a minor within the City of Sunny Isles Beach. The buyer or recipient's identification shall be examined to confirm that the buyer or recipient is at least eighteen (18) years of age. (b) The use of an e-cigarette is prohibited in all locations within the City of Sunny Isles Beach at which smoking is prohibited under the Florida Clean Indoor Air Act, Ch. 386, Part II, ss. 386.201 — 386.2125, Fla. Stat. (c) In order to minimize the physical accessibility to minors, no person shall offer e- cigarettes or liquid nicotine for sale in vending machines within the City of Sunny Isles Beach. (d) No vendor shall place electronic smoking devices and accessories or e-cigarettes in an open display unit unless the unit is located in a restricted access area. § 99-4. Enforcement. (a) The provisions of this Article shall be enforced the City of Sunny Isles Beach Community Development Department. (b) As an alternative to the enforcement specified above in subsection (a), the City of Sunny Isles Beach City Attorney's Office may bring a civil action in any court of competent jurisdiction to enforce or administer this Article including seeking a temporary or permanent injunction, or appointment of a receiver when it has reasonable cause to believe that a business, person, or retailer is operating in violation of this Article. The City of Sunny Isles Beach shall be entitled to an award of costs and reasonable attorney's fees, including appellate fees and costs, in an action successfully enforcing the terms of this Article. § 99-5. Penalties. The violation of any provision of Section 99-3 shall be punished as follows: (a) A fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days, or by both such fine and imprisonment. (b) Each day any violation of this Article continues shall constitute a separate offense, unless otherwise provided. 99-6. Possession or purchase by minors of electronic cigarettes and other electronic smoking devices. (a) It is unlawful for any person under 18 years of age to knowingly purchase or possess an electronic cigarette or other electronic smoking devices. (b) Any person violating Section 99-6 will be punished by a fine of twenty-five dollars ($25.00) for the first offense; fifty dollars ($50.00) for the second offense and one hundred dollars ($1 00.00) for each subsequent offense. However, in lieu of the monetary fine, a violator may elect to provide eight (8) hours of volunteer labor services to the City's Public Works or Cultural and Community Services Department. Such provision of services shall be carried out under adequate supervision, with proper regard for the health and safety of participants, and in accordance with applicable state and federal law. This Section shall be enforced by the City's Police Department or Community Development Department. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed Section 6. Effective Date. This Ordinance shall become effective upon adoption on second reading. PASSED and ADOPTED on first reading the f l'day of ati. .. 2014. PASSED and ADOPTED on second reading the 15 day of 2014. orman S. delcup, Mayor ATTEST: Ai MI Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ans Ittinot, City Attorney Moved by: IC_z.., Mc f✓ kub Seconded by: '10 L AA&, • k -r ; 0 Vote: `i–d- I Mayor Edelcup ✓ (Yes) (No) Vice Mayor Aelion v (Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Levin l/(Yes) (No) Commissioner Scholl —- US (Yes) (No) Calls to poison centers about e-cigarettes have surged - The Washington Post Page 1 of 3 tvisinten N Iil I' Back to previous page Calls to poison centers wring about e-cigarettes have surged By Brady Dennis, Published: April 3 Calls to poison centers across the country involving e-cigarettes have surged in recent RANKED #1 years as the products have gained in popularity, according to figures released Thursday by the IN RELIABILITY Centers for Disease Control and Prevention. Between September 2010 and February this year, the volume of calls involving e-cigarettes rose nationally from about one per month to 215 per month. even as reports involving conventional cigarettes showed no similar •• increase, the agency said. It also said the actual •••• • number of cases is probably much higher, given • that not every case is reported to poison control. If* Pubic health officials and anti-smoking advocates say the increase is particularly troubling because more than half of the calls involve children younger than 6, who can suffer serious health consequences from the liquid See Award Details nicotine used in e-cigarettes. "We're tremendously concerned." James Perrin, president of the American Academy of Pediatrics. said in an interview. "This stuff is incredibly toxic, and it's also not regulated in any way. . . . The public is really remarkably unaware of the serious dangers of this.- For years. the debate over e-cigarettes has centered on whether they provide a safer alternative to traditional cigarettes and an effective way for some smokers to wean themselves off tar-laden tobacco while still getting a nicotine fix. http://www.washingtonpost.com/national/health-science/calls-to-poison-centers-about-e-cig... 4/4/2014 Calls to poison centers about e-cigarettes have surged - The Washington Post Page 2 of 3 That fight. which shows no signs of being resolved in the short term, overlooks what health professionals say is an obvious danger made clear by Thursday's CDC numbers: Liquid nicotine, which is heated to create e-cigarette vapors, is a highly toxic substance that's readily available on store shelves in flavors as varied as bubble gum, chocolate mint and cherry. "We sometimes forget that nicotine itself is a poison. . . . It's such a highly concentrated substance that it's more likely to cause symptoms at a lower dose," said Ashley Webb, director of the Kentucky Regional Poison Control Center in Louisville. where calls related to e-cigarettes so far this year have approached the total for 2013. Webb said 60 percent of the calls to her center involve children younger than 6. Typically, symptoms include vomiting, stomach pain and increased heart rate, and enough liquid nicotine can prove lethal. Children typically get sick after ingesting the liquid, although it also can be absorbed through the skin, Webb said. Although the Food and Drug Administration has said it intends to regulate the e-cigarette industry, it has been slow to act. In the meantime, critics say, no regulations exist that would force liquid nicotine manufacturers to use child-resistant packaging or detailed warning labels. Cynthia Cabrera, executive director of the Smoke-Free Alternatives Trade Association, said the e-cigarette industry supports such measures and has been working to set industry standards for safe packaging and labeling. But Cabrera said it is also important to keep Thursday's numbers in perspective. She said the increase in poison control calls is not surprising when viewed alongside the sharp rise in the popularity of e-cigarettes and is actually modest given such widespread use of the products. "Having a knee-jerk reaction at something without looking at the data carefully is disturbing," she said. "We need to not take things out of context." In addition. Cabrera said the benefits many consumers have claimed to get from using e-cigarettes must be weighed against the relatively small number of accidental incidents linked to the products. She also said parents bear some responsibility for keeping liquid nicotine out of the hands of children, just as they would with cleaning products or medications. "If they are not designed for children, children should not have access to them," Cabrera said. "Once it gets into a home, we depend on the parents and the adults to make sure they treat the products with care." The data behind Thursday's numbers came from poison centers in every state and the District. From fall 2010 through February, the centers reported 2,405 e-cigarette calls and 16,248 involving traditional cigarettes, but the percentage of calls involving e-cigarettes rose steadily in that time and shows little sign of abating. "Use of these products is skyrocketing," CDC director Tom Frieden said in a statement Thursday, "and these poisonings will continue." http://www.washingtonpost.com/national/health-science/calls-to-poison-centers-about-e-cig... 4/4/2014 Calls to poison centers about e-cigarettes have surged The Washington Post Page 3 of 3 i Sponsored Links ( Ad Choices PTA AS degree in 82 weeks xltpEarn your Physical Therapist Assistant Associate of Science degree 0,0` www.dademedical.edu Accelerated MBA Programs t I t I I I I Earn Your MBA in Atlanta with South University's Flexible Programs! "" www.southuniversity.edu New England Coffee 10Grab a sweet deal. $1.50 off your next Single Serve purchase. www.NewEnglandCoffee.com Buy a link here © The Washington Post Company http://www.washingtonpost.com/national/health-science/calls-to-poison-centers-about-e-cig... 4/4/2014 Fabiola Santiago: E-cigarettes bring threat of new addiction for kids - 04/08/20141 Miami... Page 1 of 2 Aliami erat Posted on Tue, Apr. 08, 2014 Fabiola Santiago: E-cigarettes bring threat of new addiction for kids By Fabiola Santiago fsantiago@.MiamiHerald.com The other day I drove by a young man wildly waving a large red sign on a grassy 10. median, the kind of mobile advertising one ,%,. % sees during tax season. dP , Only the happy-go-lucky hipster wasn't 14 '° -°°° °`' egging on people to meet the deadline on ' taxes, but peddling the prospect of addiction, illness, and death. , , 4, He was directing attention to the sale of e- r.,_ cigarettes at a gas station convenience E cI Andr,esk;,AF, store — only steps away from a middle FILE-A sales associate demonstrates the use of a school. electronic cigarette and the smoke like vapor that comes from it in Aurora, Colo. on March 2, 2011. For the uninitiated, electronic cigarettes are the tobacco industry's latest bad-for-you product. With a trendy name and cigarette-likeness, the battery-operated device that turns liquid nicotine into an odorless, smoke-like vapor has all the trappings of a sales hit among teenagers. So it's not surprising that e-cigarette use has more than doubled among middle and high school students in the span of one year, according to the Center for Disease Control and Prevention. What adults do with their bodies might be their business, but what they push on our children is ours. You might not be able to smell the tobacco-less e-cigarettes, but they contain nicotine and have the potential to be harmful. By the time a study comes along to confirm that this, too, kills, and the lawsuits follow, the tobacco industry has already made oodles of money on the addicted. Death may be as inevitable as taxes, but who wants to hurry it along? Who wants an impressionable child hooked for life? Cities and county governments around the state recognized the dangers of e-cigarettes and places like Miami, Weston and Sunrise passed ordinances banning their sale to http://www.miamiherald.com/2014/04/08/v-print/4047274/fabiola-santiago-e-cigarettes.html 4/11/2014 Fabiola Santiago: E-cigarettes bring threat of new addiction for kids - 04/08/20141 Miami... Page 2 of 2 minors. Miami-Dade County passed an ordinance banning smoking them in government buildings — and a resolution supporting a state initiative to ban sales to minors. But since the county passed that resolution, an amendment has been added to the bill working its way through the Florida Legislature that's nothing short of a betrayal of the local governments that acted quickly to protect the youth in their turf. "We're not trying to ban them, just trying to keep kids from being exposed and saying they should go behind the shelves," Commissioner Barbara Jordan told me Tuesday. "It's putting the electorate first." But as the legislature has done with gun laws to please the powerful NRA lobby, the amendment seeks to ban local governments from passing tobacco and e-cigarette laws, in deference to the tobacco lobby — a major contributor to political campaigns. Bill sponsor Rep. Frank Artiles, R-Miami, calls the amendment a "compromise" and says he hasn't been swayed by the tobacco lobby — but it sure looks like it. The move has put anti-smoking groups in the awkward position of working to kill what was originally an anti-smoking bill. Perhaps Artiles and his colleagues need a little reminder of how constituents feel. A Miami Herald online poll taken in February when the City of Miami voted on the issue shows overwhelming support — 87 percent—for banning the sale of e-cigarettes to minors. As for the young man peddling e-cigarettes and getting thumbs down from drivers, he worked the gig on and off for a few days — and then, he was gone. Good riddance. The last thing our vulnerable children need is another addiction to pull them down. © 2014 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com http://www.miamiherald.com/2014/04/08/v-print/4047274/fabiola-santiago-e-cigarettes.html 4/11/2014 W tC C O cD O �n c m M CO.U O o =rrJ>(7 =r (7 I =>ONSLL� =wJpS W =w°C7 y' rn U ¢ 222.'="R. 22 c E m c 5 °m LL O UC:3w Ha z U=r 2 • U Z J W O O UmQ ZLLO UO jz z N .� yL c'm E w O a2 LL.O o c U w°Fdy° W rUCQ W 0r �f.7Q W Q2 YC7U W W~° 0 U -c a v-3 mo o� y ` • N O N CO C]fn Q y> m>w 7° muH 52w (n H Q 2 z_ w Ur > fn RS ..o c - m cU N E y L yt�(b UU° U. r 5 hLL' w Q °w w f/a 205 "! 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(305)947-0606 City Hall Jennifer Levin.Commissioner P George"Bud"Scholl,Commissioner tie 9)„ FLOC\° 4" (305)949-3113 Fax err of sus �`� c o (305)947 -2150 Building Department Christopher J.Russo,City.Manager (305)947-5107 Fax Hans Ottinot,City Attorney Jane A.Hines,NINIC,City Clerk MEMORANDUM TO: The Honorable City Commission • FROM: Hans Ottinot, City Attorney ,,. W J DATE: May 15, 2014 RE: Ordinance Banning the Sale of E-Cigarettes to Minor in Sunny Isles Beach RECOMMENDATION This Ordinance is presented for your consideration. REASONS The purpose of the attached Ordinance is to prohibit the sale of"e-cigarettes" to minors in the City of Sunny Isles Beach. A number of studies or reports have concluded that e-cigarettes pose serious health risks to consumers. These risks include the risks of poison due to the toxic nature of e-cigarettes. E-Cigarettes manufacturers have targeted teenagers as a potential consumer group by creating nicotine cartridges with cherry, chocolate, and vanilla flavors. Currently, minors can purchase e-cigarettes in our community because there is no law which prevents such sales to young people under the age of eighteen. As such, the proposed Ordinance seeks to ban the sale of e-cigarettes to minors. The Ordinance also seeks to restrict the use of e-cigarettes in areas where smoking is prohibited under state law. A number of communities in Florida and outside of Florida have adopted similar legislation. Since first reading of the Ordinance, the Ordinance has been revised to require retailers to display electronic smoking devices and accessories in a restricted area. Moreover, the Ordinance now imposes penalties against minors who are found in possession of electronic smoking devices. The proposed Ordinance is sponsored by Commissioner George "Bud" Scholl.