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HomeMy WebLinkAboutO-3001 - Amends Sec. 6.82.173, smoking and electronic cigarettes in parks (6.82)CITY OF MARYSILLE Marysville, Washington ORDINANCE NO. 300 I AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION 6.82.173 OF THE MARYSVILLE MUNICIPAL CODE, PROHIBITING THE USE OF ELECTRONIC CIGARETTES IN PARKS; PROVIDING FOR SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the use of electronic cigarettes, also known as e-cigarettes or vaping devices, has increased and according to the Centers for Disease Control and Prevention , youth e-cigarette use tripled between 2013 and 2014; WHEREAS , scientific research concludes that electronic cigarettes emit harmful chemicals into the air and need to be regulated in the same manner as tobacco smoking. There is evidence that nitrosamines, a group of carcinogens found specifically in tobacco , are carried over into thee-cigarette fluid from the nicotine extraction process . WHEREAS , there is also evidence that the glycol carriers can by oxidized by the heating elements used in e-cigarettes to vaporize the liquids, creating aldehydes such as fonnaldehyde. WHEREAS , the visible aerosol from vaping delivery devices consists of condensed submicron liquid droplets, which contain many chemicals including some that are carcinogenic , s uch as formaldehyde , metals (cadmium , lead , nickel), and nitrosamines which are harmful. WHEREAS , the municipal code prohibits smoking in parks ; and WHEREAS, the use of e-cigarettes mimics the use of combustible cigarettes ; and WHEREAS , the Hse of e-cigarettes presents health risks resembling some of those of smoking combustible cigarettes and may lead to nicotine addiction; and WHEREAS , the use of e-cigarettes is not consistent with the healthful , wholesome atmosphere that city parks should offer residents . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON , DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.82.173 of the municipal code is amended as set forth in Exhibit "A." SECTION 2. Severability. If any section , subsection , sentence , clause, phrase or word of thi s ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance . SECTION 3. Effective Date . This ordinance shall become effective five days after the date of its publication by summary . PASSED by the City Council and APPROVED by th e Mayor this 15r±:z September 2015. CITY OF MARYSVILLE CJTY CLERK Approved as to from: By ~L~ Def.,._~ CITY ATTORNEY Date of publication: 9-/7 ·-If- Effective Date (Sdays after publication): <J-d. y -1 ),.... day of MAYOR EXHIBIT A 6.82.173 Smoking and tobacco use. It is unlawful for any person to smoke or light cigars , cigarettes, tobacco or other smoking material or to use an electronic smoking device within city parks . The director shall post signs in appropriate locations prohibiting smoking in the city 's parks . "Electronic smoking device" means an electronic or battery-operated device, the use of which resembles smoking , that can be used by a person to simulate smoking through inhalation of vapor or aerosol produced by the device and includes any component part of such product whether or not sold separately . "Electronic smoking device" includes . but is not limited to, an electronic cigarette. an electronic cigar . an electronic cigarillo , an electronic pipe , and an electronic hookah .