HomeMy WebLinkAbout2014-04-02 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.
"Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar,
cigarette or pipe, or any other lighted or heated tobacco or plant product intended for inhalation,
in any manner or any form. "Smoking" also includes the use of an e-cigarette which creates a
vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this ordinance.
Section II. All enclosed areas that are owned, leased, or operated by the City of
Batesville, including buildings and vehicles, shall be subject to the provisions of this Ordinance.
Section III. The use of e-cigarettes shall be prohibited in all places owned, leased or
operated by the City of Batesville, including but not limited to, the following places:
A. Parks
B. Sports venues, including fields and arenas
C. Cemeteries
D. Convention facilities
E. City-owned buildings
F. City-owned vehicles F1
Section IV. Smoking and the use of e-cigarettes shall be prohibited in the following
outdoor places:
A. Within a distance of 25 feet of outside entrances, operable windows, and
ventilation systems of enclosed areas where smoking or the use of e-cigarettes is
prohibited.
B. In all outdoor arenas, stadiums, and amphitheaters owned by the City of
Batesville and within 25 feet of bleachers and grandstands for use by spectators at
sporting and other public events.11
C. In, and within 25 feet of, all outdoor playgrounds owned by the City of
Batesville.
D. In, and within 25 feet of, all cemeteries owned by the City of Batesville.❑
Section V. Any person violating any of the provisions of this ordinance shall be fined
in the amount of fifteen dollars ($15.00). Each day such violation is committed or permitted to
continue shall constitute a separate offense.
Section VI. The City of Batesville may seek reimbursement in the form of Court costs
in the amount of fifteen dollars ($15.00) in order to offset the expense of implementing,
enforcing and prosecuting the provisions of this Ordinance.
Section VII. Any ordinances of the City of Batesville which are in conflict with this
Ordinance are hereby repealed to the extent of such conflict.
Section VIII. If part of this Ordinance shall be deemed invalid, such parts shall be
severed and the invalidity thereof shall not affect the remaining parts of the Ordinance.
Section IX. This Ordinance shall be enforced by the Independence County Sheriff's
Department. Any citizen may inform an officer of the Sheriff's Department of any person
perceived to be violating this Ordinance of the provisions of this Ordinance.
Section X. This Ordinance shall take effect upon final adoption and publication in
accordance with the law.
PASSED AND APPROVED this day of 101, 2014.
Honorable Rick Elumbaugh, Mayor
ATTEST:
Denise M. Johnston, City Clerk