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HomeMy WebLinkAbout4158 Ordinance ORDINANCE NO. q1 j AN ORDINANCE of the City of Pasco, Washington, Creating a New Chapter 6.10 "Smoking Regulations"; and Creating a New Section 9.48.245 "Smoking at or near Park Shelters, Playgrounds and Pools Prohibited" WHEREAS, the voters of the State of Washington in 2005, by Initiative 901, directed smoking in public places be prohibited; and WHEREAS, legislature in adopting the terms of Initiative 901, enacted Chapter 7.160 RCW prohibiting smoking in public places and in places of employment; and WHEREAS, smoking consumption of tobacco products has been determined to be harmful to the health of not only the consumer, but those who may come in contact with second- hand smoke; and WHEREAS, the Washington State legislature has further found that the protection of adolescent health requires a strong set of comprehensive health and law enforcement intervention, including prohibiting the purchase or possession of tobacco products by minors; and WHEREAS, recent technology has broadened the use of harmful nicotine through e- cigarettes which converts liquid nicotine, which is a known neuro-toxin and highly addictive substance, into a chemically impregnated gas that is inhaled by the user simulating smoking, resulting in the discharge of nicotine impregnated gas; and WHEREAS, to adequately provide a consistent policy for the regulation of the use of tobacco and nicotine-infused products, and for the health and safety of the citizens of the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 6.10 entitled "Smoking Regulations" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: Chapter 6.10 SMOKING REGULATIONS Sections: 6.10.010 Smoking Prohibited in Public Places or Places of Employment. 6.10.020 Definitions. 6.10.030 Sale for Delivery to Minors. 6.10.040 Purchasing or Possession by a Minor Prohibited. 6.10.050 Required Signage. 6.10.060 Mechanical Sales of E-Cigarettes Restricted. 6.10.070 Penalties. 6.10.010 SMOKING PROHIBITED IN PUBLIC PLACES OR PLACES OF EMPLOYMENT. No person may smoke in a public place or in any place of employment within the City. 6.10.020 DEFINITIONS. As used in this Chapter, the following terms have the meanings indicated. A) "Electronic cigarette" or "e-cigarette" means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provide a gas derived from liquid nicotine and/or other substances which is inhaled by the user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. B) "Liquid nicotine"means any liquid product composed either in whole or in part of nicotine, proprylene glycol and/or other similar substances and manufactured for use with e- cigarettes or other devices to be converted into a gas for inhaling. C) "Minor"means any person under eighteen (18) years of age. D) "Person" means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, limited liability company, limited partnerships, or other entity or business of any kind. F) "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to promote licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment. F) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the City of Pasco, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence if used to provide licensed child care, foster care, adult care, or other similar social service care on the premises. "Public places" include, but are not limited to schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling Smoking Regulation Ordinance Page 2 alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public. A) "Smoke" or"smoking"means the carrying or smoking of any kind of: 1) Lighted pipe, cigar, cigarette, or other lighted smoking equipment. 2) An electronic cigarette or e-cigarette, or other device that results in the discharge of a gas derived from liquid nicotine. 6.10.030 SALE FOR DELIVERY TO MINORS. A) Every person who sells or gives, or permits to be sold or given, to any minor any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or electronic cigarette or other vapor product is guilty of a gross misdemeanor. B) It shall be no defense to the prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. 6.10.040 PURCHASING OR POSSESSION BY A MINOR PROHIBITED. A) Any minor who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products, or e-cigarettes, or their components, commits a class 3 civil infraction under Chapter 7.80 RCW, and is subject to a fine as set forth therein, or participation in up to four hours of community restitution, or both. The Court may also require participation in a smoking cessation program. 6.10.050 REQUIRED SIGNAGE. I A) Owners, or in the case of a leased or rented space, the lessee or other person in charge, of a place regulated under this Chapter, shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as appropriate under this Chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. B) Any person selling, marketing, displaying, giving, or distributing tobacco products or e-cigarettes, or their components shall display a printed sign, posted so that it is clearly visible to anyone purchasing tobacco products, e-cigarettes, or their components. The sign must be in contrasting colors and at least 20-point type, and must read substantially as follows: Smoking Regulation Ordinance Page 3 "IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR PURCHASING TOBACCO PRODUCTS, E-CIGARETTES, OR RELATED DEVICES OR THEIR COMPONENTS. THE SALE OF TOBACCO PRODUCTS, E-CIGARETTES, OR RELATED DEVICES OR THEIR COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED - PHOTO ID IS REQUIRED." 6.10.060 MECHANICAL SALES OF E-CIGARETTES RESTRICTED. No person shall sell or permit to be sold e-cigarettes, or their components, through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited, and in a location not less than ten (10) feet from all entrances or exit ways to and from the premises. 6.10.070 PENALTIES. A) Any person intentionally violating this Chapter by smoking in a public place or place of employment, or any person removing, defacing, or destroying a sign required by this Chapter, is subject to a civil fine of up to one hundred dollars ($100.00). B) Every p erson violating Section 6.10.030, is guilty of a gross misdemeanor. C) Violation of any provision of this Chapter by a minor shall be a class 3 civil infraction under PMC 1.02. Violation of any provision of this Chapter other than as provided above, by anyone other than a minor, shall be a class 1 civil infraction. Each violation is a new and separate offense. Section 2. That a new Section 9.48.245 entitled "Smoking in Parks Prohibited" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 9.48.245 SMOKING AT OR NEAR PARK SHELTERS, PLAYGROUNDS AND POOLS PROHIBITED. Smoking, as defined by PMC 6.10.020 and tobacco use is prohibited at or within twenty five (25) feet of the perimeter of all park shelters, playgrounds (including water playgrounds) or swimming pools. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this / day of May , 2014. ‘P./7-1/°) Matt Watkins, Mayor A test: Appro as'to Form: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Smoking Regulation Ordinance Page 4