Ordinance 14-35 Prohibit the Use of E-Cigarettes in City Structures, Vehicles, and Watercraft

CITY OF HOMER
HOMER, ALASKA

Lewis

ORDINANCE 14-35

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 5.05.010, 5.05.020 and 5.05.030 TO PROHIBIT THE USE OF E-CIGARETTES IN CITY STRUCTURES, VEHICLES AND WATERCRAFT.

WHEREAS, The City has prohibited the smoking of tobacco in City buildings, on other identified public properties, and in vehicles and watercraft owned by the City, for the reason, among others, that it endangers the health and welfare of other persons who are present where the smoking occurs.

WHEREAS, The Council finds that the vapor emitted by an e-cigarette also may offend, and endanger the health and welfare, of other persons who are present where the e-cigarette is being used, and that the use of e-cigarettes in City buildings, on other identified public properties, and in vehicles and watercraft owned by the City, should be restricted in the same manner as the smoking of tobacco in such places.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code 5.05.010, Legislative intent, is amended to read as follows:

5.05.010 Legislative intent. It is the intent of this provision to accommodate and protect the public health and welfare of those who do not desire to be exposed to secondhand smoke or vapor from e-cigarettes while completing City business or performing City employment responsibilities.

Section 2.  Homer City Code 5.05.020, Definitions, is amended to read as follows:

5.05.020 Definitions. In this chapter:

"E-cigarette" means an electronic device that uses a heating element, battery, or electronic circuit to issue a vapor for inhalation in a manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other lighted or heated tobacco or plant product intended for inhalation.

“Public buildings and other areas owned or operated by the City” does not include public sidewalks and streets, unless located within 50 feet of a petroleum fuel dispensing facility.

“Smoking” means and includes using or operating an e-cigarette or the inhaling, exhaling, burning or carrying of any lighted smoking equipment or paraphernalia for tobacco or any other weed or plant.

Section 3.  Homer City Code 5.05.030, Prohibition, is amended to read as follows:

5.05.030 Prohibition. Smoking is prohibited No person shall smoke any tobacco product and no person shall smoke any other substance in all any public buildings owned or operated by the City or any of its departments. This prohibition applies to City Hall, the Police Station, the Fire Hall, public works facilities, animal shelter, library, port and harbor buildings, airport terminal and any other buildings owned or occupied by the City. This prohibition also applies to all City-owned or leased vehicles or watercraft as follows:

a. Smoking in any form is objectionable to many and shall not be permitted in any public buildings owned by the City of Homer or leased by the City as lessee and in all motor vehicles or watercraft owned, rented, leased or used by the City of Homer, or by any departments, councils, commissions, or other agencies of the City. This would exclude public sidewalks, streets, public parks, other outdoor areas, and leased properties in which the City is the lessor.

b. The City shall designate a “smoking area” outside City-owned buildings and facilities, in which this section does not prohibit areas for smoking by nonminors shall be allowed. A smoking area shall be situated no closer than 15 feet from premise entrances, open doors or windows.

c. Smoking shall be prohibited on City-owned properties located within 50 feet of a petroleum fuel dispensing facility.

d. The person in charge of City areas listed above shall make reasonable efforts to prevent smoking in those areas in which smoking is not allowed and shall post “No Smoking” and “Warning” signs conspicuously in these areas.

e. The person in charge of a City area listed above shall post signs in those areas in which this section does not prohibit smoking is allowed.

Section 4.  This Ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this _____ day of August 2014.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Walt Wrede, City Manager                                                                 Thomas F. Klinkner, City Attorney

Date: _________________________                                                            Date: _________________________