HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-022 Temp. Ord. # 2419
October 30, 2019
Page 1 of 6
ith
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2019 '2-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AMENDING CHAPTER 13 OF
THE CITY OF TAMARAC CODE OF ORDINANCES,
ENTITLED "MISCELLANEOUS OFFENSES" BY
SPECIFICALLY CREATING SECTION 13-25 ENTITLED
"PROHIBITION OF SALE OR DISTRIBUTION OF
ELECTRONIC NICOTINE DISPENSING DEVICES AND
NICOTINE PRODUCTS TO PERSONS UNDER 21 YEARS
OF AGE"; TO PROHIBIT THE SALE OR DISTRIBUTION OF
ELECTRONIC NICOTINE DISPENSING DEVICES AND
NICOTINE PRODUCTS TO PERSONS UNDER 21 YEARS
OF AGE; PROVIDING FOR PENALTIES; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
• WHEREAS, the City of Tamarac recognizes that the use of electronic nicotine
dispensing devices and nicotine products has become a national public health epidemic
with devastating health and economic consequences; and
WHEREAS, in the last year, there has been a 78% increase in the use of vaping
products by high school students, and a 48% increase in the use of vaping products by
middle school students; and
WHEREAS, recent federal data compiled by the National Institute on Drug Abuse
indicates that 25% of this year's high school seniors and 20% of 10th graders reported
vaping nicotine in the past month; That is more than double the use reported in 2017;
and
WHEREAS, national data show that 95 percent of adults who smoke, began
{00334859.2 2704-0501640}
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 1 of 6
Temp. Ord. # 2419
October 30, 2019
Page 2 of 6
•
smoking before they turned 21. The timeframe between the ages of 18 to 21 are a critical
period when many adults who smoke move from experimental smoking to regular, daily
use; and
WHEREAS, young brains are particularly susceptible to the addictive properties
of nicotine, which results in approximately 3 out of 4 teen smokers utilizing nicotine into
adulthood with an estimated 5.6 million youth aged 0 to 17 projected to die prematurely
from commercial tobacco-related illness if prevalence rates do not change; and
WHEREAS, the Centers for Disease Control and Prevention is investigating 805
cases of vaping-related lung illnesses in 46 states and 1 U.S. territory, including at least
12 deaths, that have been linked to both nicotine and cannabis vaping products; and
WHEREAS, the Commonwealth of Massachusetts has recently declared a public
health emergency with respect to the outbreak of severe lung disease related to the use •
of vaping products; Massachusetts has further prohibited the sale of all vaping products
to consumers through January 25, 2020; and
WHEREAS, as of September 18, 2019, eighteen states and over 500 localities
including the City of Fort Lauderdale and Alachua County have adopted ordinances
prohibiting the sale of tobacco products to persons under the age of 21; and
WHEREAS, raising the minimum legal age for sales of electronic nicotine
dispensing devices and nicotine products is consistent with raising the legal drinking age
to 21, which led to reduced alcohol use and dependence among youth, and contributed
to the decline in drunk driving fatalities.
{00334859 2 2704-0501640}
CODING: Words in strike through type are deletions from existing law; •
Words in underlined type are additions.
Page 2 of 6
Temp. Ord. # 2419
October 30, 2019
• Page 3 of 6
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and hereby made a specific part of this Ordinance
upon adoption hereof.
SECTION 2. The City Commission of the City of Tamarac hereby amends Chapter
13 of the City's Code of Ordinances, entitled "Miscellaneous Offenses," by specifically
creating a new Section 13-25 entitled "Prohibition of Sale or Distribution of Electronic
Nicotine Dispensing Device and Nicotine Products," as follows:
13-25 — Prohibition of Sale or Distribution of Electronic Nicotine Dispensing
Devices and Nicotine Products.
• (A) Definitions. For the purposes of this section, the following definitions shall
apply:
Electronic Nicotine Dispensing Device. Any electronic or battery-operated
device which can by used to deliver an inhaled dose of nicotine of other substances
and includes those composed of a mouthpiece, heating element, and battery or
electronic circuits that provide a vapor of liquid nicotine and/or other substances to
the user. This term shall include such devices whether they are manufactured,
distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, an e-ciqarette, an e-
cigar, an e-pipe, a vaporizer, an electronic nicotine dispensing system (ENDS) or
under any other product name, and whether it is utilizing liquid nicotine or any other
substance at the time of use by a person.
Nicotine Product. Any product that contains nicotine, including liquid nicotine,
that is intended for human consumption, whether inhaled, chewed, absorbed,
dissolved, or ingested by any means, but does not include a: 1) tobacco product,
as defined in s. 569.002, F.S.; (2) product regulated as a drug or device by the
United States Food and Drug Administration under Chapter V of the federal Food,
Drug, and Cosmetic Act; or (3) product that contains incidental nicotine.
. (003346592 2704-0501640)
CODING: Words in strike—through type are deletions from existing law;
Words in underlined type are additions.
Page 3 of 6
Temp. Ord. # 2419
October 30, 2019
Page 4 of 6
VapeNapinq. The act of inhaling or exhaling of vapor produced by an electronic
nicotine dispensing device or possession of an electronic nicotine dispensing
device while that device is actively producing vapor or aerosol from a nicotine
product or any other substance. The term does not include the mere possession
of an electronic nicotine dispensing device.
(B) Sale or Distribution of Electronic Nicotine Dispensing Devices and Nicotine
Products to Persons Under 21 Years of Age Prohibited. It is unlawful for any
person to sell, gift, deliver or otherwise transfer in a retail setting any
electronic nicotine dispensing device or nicotine product, as defined by this
section, to any person under the age of 21 years.
(1) It is unlawful for any person to sell,_gift, deliver or otherwise transfer
in a retail setting any product with names similar to, or which
resemble illegal substances, such as, by way of example, but not
limitation, "liqweed," cocoa e-juice," and "hash oil e-juice," or similar
names or descriptions to any person under the age of 21 years, or to
a person who appears to be under the age of thirty (30) years without
first examining identification to confirm that the recipient is at least
twenty-one (21) years of age.
(C) Age Verification. Before selling distributing any Electronic Nicotine 4110
Dispensing Devices or Nicotine Products regulated by this Article, the
salesperson or distributor shall verify that the purchaser or recipient is at
lease twenty-one (21) years of age. Salespersons and distributors must
verify the legal sales age by examining the purchaser or recipient's
government-issued identification. Verification is not required for a person
who appears to be over the age of thirty (30). That a purchaser or recipient
appears to be over the age of thirty (30) shall not constitute a defense to a
violation of this section.
(D) Signage. No person may sell, distribute or permit the sale or distribution of
Electronic Nicotine Dispensing Devices or Nicotine Products unless a
clearly visible notice is posted at the location where Electronic Nicotine
Dispensing Devices or Nicotine Products are available for purchase, which
shall state and be legibly printed in letters at least one half (1/2) inch high
that "The sale and distribution of Electronic Nicotine Dispensing Devices or
Nicotine Products to persons under the age of 21 is against City of Tamarac
law. Proof of age is required for purchase".
(1) It shall be unlawful for any person to remove or cause to be removed
{00334859.2 2704-0501640} •
CODING: Words in strike type are deletions from existing law;
Words in underlined type are additions.
Page 4 of 6
Temp. Ord. # 2419
October 30, 2019
• Page 5 of 6
any sign required to be posted by this section.
(E) Enforcement. This section may be enforced by any law or code enforcement
officer of the city. Any electronic nicotine dispensing device or nicotine
product may be seized and held by the city as evidence to be used in any
further proceeding.
(F) Commencing six (6) months after the adoption of this Ordinance, the City
shall enforce violation of this Article.
(G) Penalties for violation. Any person found violating this section shall be
subject to a fine of up to two hundred fifty dollars f$250.00) per day for the
first occurrence, and up to five hundred dollars ($500.00) per day for each
additional occurrence, in accordance with sections 2-73.07 and 2-73.08 of
the City Code.
(1) Each time a prohibited sale or other distribution occurs shall constitute
a separate violation.
(H) Applicability. The provisions of this Section shall be enforceable throughout
the city.
4111 SECTION 3: It is the intention of the City Commission of the City of Tamarac,
Florida that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance
may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section,"
"Article" or such other word or phrase in order to accomplish such intention.
SECTION 4: If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the remaining portions or applications remaining in full force and effect.
SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts of
111 {00334859.2 2704-0501640)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 5 of 6
Temp. Ord. # 2419
October 30, 2019
Page 6 of 6
Resolutions in conflict herewith be and the same are hereby repealed to the extent of •
such conflict.
SECTION 6: This Ordinance shall become effective immediately upon adoption.
PASSED, FIRST READING this / DAY OF // -" , 2019.
PASSED, SECOND READING this // DAY OF 4e-i---na `/..-' , 2019.
BY: "
MAYO MICHELLE J. ORZ`
ATTEST
,
\ '. ; < ,. RECORD OF COMMISSION VOTE: 1ST Reading
LILLIAN PABON, CMC MAYOR GOMEZ i. r: z,•'
ACTING CITY CLERK DIST 1: COMM. BOLTON Ly-a....---
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN •
DIST 4: V/M PLACKO L ...
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: V/M . BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO 9'1
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
,,�1'f I
SA EL S. GOR r f'
CITY ATTORNE
{00334859 2 2704-0501640} •
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 6 of 6