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ORDINANCE NO. 2015-04-02 AN ORDINANCE TO REGULATE SMOKING, USE OF SMOKELESS TOBACCO, AND &CIGARETTES IN PARKS, CEMETERIES,AND ALL OTHER FACILITIES OWNED BY THE CITY OF BATESVILLE WHEREAS,the Surgeon General of the United States has determined cigarette smoking has been causally linked to lung cancer, arteriosclerosis and coronary heart disease, chronic obstructive pulmonary disease, and other conditions that constitute a wide array of serious health consequences; WHEREAS,the Surgeon General of the United States has determined that smokeless tobacco use causes oral cancer, nicotine addiction, and other health problems; WHEREAS, unregulated high-tech smoking devices,commonly referred to as electronic cigarettes,or"e-cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. WHEREAS,after testing a number of e-cigarettes from two leading manufacturers,the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals.The FDA's testing also suggested that"quality control processes used to manufacture these products are inconsistent or nonexistent." WHEREAS, e-cigarettes produce a vapor of undetermined and potentially harmful substances,which may appear similar to the smoke emitted by traditional tobacco products.Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. WHEREAS,the Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly$10 billion a year:$5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity; and WHEREAS,the City Council, believing it to be in the public interest, seeks to provide a legal means for official intervention to discourage the use of cigarettes,cigars, pipes, smokeless tobacco products,and e-cigarettes in parks,cemeteries, and other facilities owned by the City of Batesville. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS,