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
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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:
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"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
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