2014-04-02 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2014-'Oy-o a AN ORDINANCE AMENDING CHAPTER 12.16 OF THE BATESVILLE MUNICIPAL CODE TO REGULATE THE USE OF E-CIGARETTES IN PARKS, CEMETERIES, AND OTHER FACILITIES OWNED BY THE CITY OF BATESVILLE 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 producing a vapor which may appear similar to the smoke emitted by traditional tobacco products through which users inhale vaporized liquid nicotine created by heat through an electronic ignition system; and WHEREAS, 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 smoking prohibitions; 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 e-cigarettes in parks, cemeteries, and other facilities owned, leased or operated by the City of Batesville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS: Section I. Definitions. "E- Cigarette"means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product. "E-Cigarette" shall include any component part of such a product whether or not sold separately. "E- Cigarette" does not include any product that has been approved by the United States Food and Drug Administration for legal sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose. "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.