2014-02 Chapter 11.08 & 11.09 E-Cigarettes ORDINANCE 2014-02
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ENCINITAS,CALIFORNIA AMENDING
CHAPTERS 11.08 AND 11.09 OF THE MUNICIPAL
CODE TO EXPAND SMOKING REGULATIONS TO
INCLUDE ELECTRONIC CIGARETTES AND
PROHIBIT SMOKING WITHIN 20 FEET OF CITY
BEACHES, PARKS,TRAILS,AND OUTDOOR/PATIO
DINING AREAS.
WHEREAS, electronic cigarettes or "e-cigarettes" are designed to resemble traditional
cigarettes but do not contain tobacco;
WHEREAS, there is currently minimal Federal or State regulation or control of the use
of e-cigarettes;
WHEREAS,there are significant health concerns regarding the use of e-cigarettes;
WHEREAS, the use of e-cigarettes in locations where other types of cigarettes, pipes
and cigars are prohibited may cause confusion and uncertainty and may result in confrontations
between smokers and non-smokers or enforcement personnel;
WHEREAS, the presence of "smoke" in the environment also constitutes a material
annoyance and discomfort to non-smokers;
WHEREAS, the City Council of the City of Encinitas wants to promote a "smoke" free
environment for youth in the City of Encinitas;
WHEREAS, an expanded ban of"smoke" and "smoking" near City recreation facilities
and outdoor/patio dining areas would reduce exposure to harmful secondhand "smoke" and
would further enhance these areas as community gathering places, improve commerce in districts
and foster a healthy quality of life for Encinitas residents and visitors; and
NOW,THEREFORE,the City Council of the City of Encinitas ordains as follows that:
SECTION ONE: Chapter 11.08 of the Encinitas Municipal Code is modified to read as follows
(added language underlined):
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CHAPTER 11.08: SMOKING
(11.08.010 Purpose)
Because the smoking of tobacco, electronic cigarettes, or any other weed or plant, is a
positive danger to health and a cause of material annoyance, inconvenience, discomfort
and a health hazard to those who are present in confined places, and in order to preserve
public health, safety and welfare, the declared purpose of this Chapter is to prohibit the
smoking of tobacco, electronic cigarettes, or any other weed or plant by person in a
public place or places of employment, except in designated smoking areas.
(11.08.020 Definitions)
A. "Smoke" or "smoking" means and includes j) the carrying of a lighted pipe, lighted
cigar, lighted cigarette of any kind, or the lighting of a pipe, cigar, cigarette of any
kind-, or 2) the use of electronic cigarettes as defined in the California Health &
Safety Code Section 119405 ("e-cigarette") or a similar device intended to emulate
smoking, which permits a person to inhale vapors or mists that may or may not
contain nicotine. Smoking includes emitting or exhaling the he vapor of any e-cif
or other electronic smoking device, or the fumes of any pipe, cigar, cigarette, or any
other lighted smoking equipment used for burning any tobacco product, weed, plant,
or any other combustible substance.
(11.08.030 Prohibition)
It shall be unlawful for any person to smoke in a public place or place of employment,
except in a designated smoking area. The provisions of this chapter do not apply in any
circumstance where Federal or State law regulates smoking or use of e-cigarettes if the
Federal or State law preempts local regulation or if the Federal and State law is more
restrictive.
(11.08.040 Designation of Smoking Areas)
C. Owner-s ef restaurants subjeet to the pr-evisions ef this Chaptef shall designate an
adequate amount ef non smoking seating aYn J J meet the defRand
(Subsequent sub-sections will be reformatted accordingly, commencing with next alpha
numeric number.)
(11.08.000 Exceptions)
A. Individual private offices, hotel and motel meeting and assembly rooms rented to
guests, areas in rooms while in use for private social functions, private hospital
rooms, psychiatric facilities, jails,-bar-s and stores that deal exclusively in tobacco
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products and accessories, and other places of employment as defined by Section 6400
et. seq. of the Labor Code are exempt from the provisions of this Chapter.
B. Restawan4s or- eating establisthmet4s with Et seafing eapaeity of less than 20 pefsefis
afe exempt ffem r the provisions ef this Chaptef. These with a eeAing e ,.y of le
than 20 shall have the opfien of designating a ne smeking seetion or- allewifig of
prohibiting smoking thfeughetA the estabfishment-.
(Subsequent sub-sections will be reformatted accordingly, commencing with next alpha
numeric number.)
(11.08.080 Employer Responsibility)
C. An employer may not knowingly or intentionally permit smoking in n any enclosed
workplace and must take reasonable steps to prevent nonemployees from smoking.
SECTION TWO: Chapter 11.09 of the Encinitas Municipal Code is modified to read as follows
(added language underlined and with strikeout typeface illustrating deletions):
CHAPTER 11.09: SMOKING PROHIBITED IN BEACHES, PARKS, TRAILS &
OUTDOOR/PATIO DINING AREAS OF EATING ESTABLISHMENTS
(11.09.0 10 Purpose and Intent)
Because the smoking of tobacco, electronic cigarettes, or any other weed or plant, is a
danger to health and cigarette/cigar smoke, discarded cigarette/cigar butts; and used
matches and electronic cigarette waste (e.g. disposable electronic cigarettes, or batteries
and cartridges) dropped in public places have negative environmental impacts and
degrade the aesthetic quality of the City's owned and/or maintained and operated
beaches, parks, trails; and in outdoor/patio dining areas of eating establishments (and are
the most common type of litter found in the City's beaches), the purpose of this Chapter
is to protect the public health and welfare by banning smoking in all City owned and/or
maintained and operated beaches, parks and trails as well as in outdoor/patio dining areas
of eating establishments as set forth herein.
(11.09.020 Definitions)
D. 18. Encinitas Community Park, 425 Santa Fe Drive
(Public park added to the inventory.)
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F. "Smoke" or "smoking" means 1) the carrying or holding of a lighted pipe, cigar,
cigarette, or other lighted smoking product or equipment used to burn any tobacco
products, weed, plant, or any other combustible substance; or 2) the use of electronic
cigarettes as defined in the California Health & Safety Code Section 119405 ("e-
cigarette") or a similar device intended to emulate smoking, which permits a person
to inhale vapors or mists that may or may not contain nicotine. Smoking includes
emitting or exhaling the vapor of any e-cigarette or other electronic smoking device,
or the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment
used for burning any tobacco product, weed, plant, or any other combustible
substance.
(11.09.030 Prohibitions)
A. No person shall smoke at, or within 20 feet of, any City owned and/or maintained and
operated beach, park or trail.
B. No person shall smoke in, or within 20 feet of, any outdoor/patio dining area of an
eating establishment.
C. The 20-foot smoking buffer ban listed in this chapter will not apply to an individual
smoking in a vehicle being driven on a public street, alley, or in a parking lot.
D.C—. The provisions of this chapter do not apply in any circumstance where federal or
state law regulates smoking or the use of e-cigarettes arm if the Ffederal or Sstate law
preempts local regulation or if the Ffederal or Sstate law is more restrictive.
SECTION THREE: This Ordinance was introduced on March 26, 2014.
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EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its
passage and the City Clerk of the City of Encinitas is hereby authorized to use summary publication
procedures pursuant to Government Code Section 36933 utilizing the Coast News, a newspaper of
general circulation published in the City of Encinitas.
PASSED AND ADOPTED this 16th day of April, 2014 by the following vote to wit:
AYES: Barth, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Teresa Arballo Barth, Mayor
City of Encinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance No. 2014-02 which has been
published pursuant to law.
"! '
Kathy Hollywood, City Clerk
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