2022-041 - Prohibit the Use of Electronic Cigarettes in Public Places and provide a variance procedure for semi-enclosed area of places of employment

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Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. That Section 7.03.001, "Definitions" of Chapter 7, Article 7.03, "Smoking" of the Paris Code of Ordinances is hereby amended to add the following definitions, to be inserted in their appropriate alphabetical order: "Electronic cigarette means or refers to an electronic device, including a device that may be recharged and the components of the device, that converts liquid nicotine into a gas or vapor intended to be inhaled or otherwise orally used by a person and is generally described as a device composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that produce gas or vapor derived from liquid nicotine and other substances which has the effect of simulating smoking. The term includes such devices, regardless of the details of the appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. Electronic cigarettes are also variously known as "e -cigarettes," "e-cigs," "electronic vapors," "e -vapors," 'taping," and other similar names." "Liquid nicotine means any liquid product composed of nicotine, either in whole or in part, propylene glycol, or similar substances and manufactured for use in an e - cigarette." "Semi -enclosed area means an enclosed area in which at least one (1) wall is a retractable divider, garage door, or other physical barrier, whether temporary or permanent, and in which the retractable divider, garage door, or other physical barrier is open to the outside air thus allowing ventilation into the area. The term does not include an enclosed area with open windows." Section 3. That Chapter 7.03, Section 7.03.002, "Prohibition in city -owned buildings and facilities," shall be amended to read: "Smoking and the use ._ of electronic ci FarettesITITwith or without lig ul id nicotine fs are prohibited inside all city buildings and facilities, and in all areas located within thirty (30) feet of any entrance to the building or facility, operable windows, air intake ducts or ventilation systems." Section 4. That the first sentence of Chapter 7.03, Section 7.03.003, "Prohibition in enclosed public places," shall be amended to read: "Smoking and the use of electronicsarettes with, or without liquid nicotine shall be prohibited in all enclosed public places within the city, including but not limited to the following places:" The remainder of said Section 7.03.003 shall remain the same. Page 2 of 6