MEETING DATE:
October 28, 2014
SUBJECT:
Title
Ordinance NOS. 2014-1403 & 2014-1404 - AMend san marcos munIcipal code (smmc) sections 8.80 and 10.10 AS IT RELATES TO ELECTRONIC SMOKING DEVICES
Body
Recommendation
Recommendation
INTRODUCE Ordinances to amend SMMC sections 8.80 and 10.10 as it relates to electronic smoking devices.
Body
Board or Commission Action
Student and Neighborhood Relations Commission recommends changes to the San Marcos Municipal Code Sections 8.80 and 10.10.
Relevant Council Strategic Theme
Good Governance
Relevant Department Goal
N/A
Introduction
The Student and Neighborhood Relations Commission at its February 10, 2014 meeting had a presentation from the Vista Community Clinic's Tobacco Control Program about electronic smoking devices and electronic cigarettes (e-cigarettes), presentation attached. Commission staff was instructed to review ordinances of the other cities that prohibited e-cigarette smoking in areas where smoking is currently prohibited and bring back potential amendments to the Commission. After review of the various provisions in other ordinances, the Commission at its April 14th meeting instructed staff to prepare amendments to the SMMC for consideration at its next meeting.
At the Student and Neighborhood Relations Commission meeting of September 8, 2014, the Commission considered and approved the recommended amendments to the San Marcos Municipal Code (SMMC) Sections 8.80, Smoking in Certain Public Places and 10.10, Youth Access to Tobacco, the San Marcos City Council.
Discussion
Electronic smoking devices, refers to an electronic and/or battery operated device, that when used can deliver an inhaled dose of nicotine or other substances, by heating a liquid chemical solution. The liquid is made up if propylene glycol or glycerin, nicotine and flavored chemicals. When heated the liquid produces a chemical vapor that is inhaled and exhaled by the user. This process is often referred to as vaping.
Electronic cigarettes entered the U.S. market in 2008; however it is relatively recent that e-cigarettes have grown in popularity. According to the Centers for Disease Control and Prevention the use of e-cigarettes among American youth has doubled between 2011 and 2012. This increase in youth usage is evidenced in the growth in marketing e-cigarettes on television and in magazines. As cited in the American Academy of Pediatrics abstract, e-cigarette advertising on television increased 256% from 2011 to 2013. If this trend continues the use of e-cigarettes among youth is likely to increase. Television is not the only medium used to advertise to youth. In a 2014 congressional staff report, e-cigarettes are advertised in magazines with high numbers of teen readers. The magazines with the highest number of advertisements were found in Rolling Stone, US Weekly and Entertainment Weekly. In both reports the glamorizing of smoking and direct targeting of young people is undoing years of efforts to reduce youth smoking.
Studies are not yet conclusive as to the effects of e-cigarettes. Some studies indicate the vapor may be releasing harmful substances, including nicotine and other carcinogens. Since e-cigarettes are still relatively new to the market place the effects of direct usage and in-direct exposure is still unknown. The scientific community continues to study this issue.
The Federal Food and Drug Administration (FDA) have issued proposed rules regulating e-cigarettes. These rules are; prohibiting sales to minors, no giving of free samples, a ban on vending machine sales in places that allow minors, warning requirement that nicotine is addictive and the requirement that manufactures disclose their ingredients. None of the proposed rules regulate or restrict child-oriented marketing nor do they deal with the health effects of e-cigarettes.
Public Policy is catching up to the industry. Currently the State of California prohibits the sale of e-cigarettes to minors. Health and Safety Code section 119405, makes a sale to a minor a criminal infraction. In California about 50 cities have taken action to regulated e-cigarettes similar to cigarettes and tobacco products. Locally, the cities of Carlsbad, El Cajon, Encinitas, Oceanside, Poway, Solana Beach, San Diego, and Vista have passed local ordinances regulating e-cigarettes. Additionally, San Diego County adopted a policy regulating e-cigarettes in May of 2014.
Proposed Ordinances changes
The changes to Section 8.80 of the SMMC include adding language to the definition of smoke or smoking to include electronic smoking or vaping. If this revised definition is adopted, the use of e-cigarettes would be prohibited in all areas and places where smoking is already prohibited. Additionally, language was deleted to bring this Section into conformance with State law.
Amendments SMMC Section 10.10, Youth Access to Smoking Materials, to include language adding definitions related to electronic smoking devices, e-cigarettes and the paraphernalia needed to use electronic devices. Furthermore, the recommended changes replace the words 'tobacco products' with 'smoking materials' to capture both tobacco products and electronic smoking devices and paraphernalia throughout the entire section.
Public Comments
At the three Student and Neighborhood Relations Commission meetings where e-cigarettes were discussed, members of the public had an opportunity to share their thoughts or provide additional information on e-cigarettes. The Vista Community Clinic shared its support for regulating e-cigarettes in the same vein as traditional cigarettes. Additionally, they shared with the Commission that the CDC has reported a dramatic increase in calls to the poison control center due to exposure to the liquid nicotine mainly involving children under 5 and young adults. The Sheriff Deputy that attends the Commission meeting added that the e-cigarette devices are being used to inhale hash oils and other illegal substances.
Additional public comments related to e-cigarette products seem to lend themselves to the younger consumer due the bright color of the devices themselves and to the candy-like flavoring, such as Gummy Bears and Cotton Candy, in the liquid needed for the vaping device. Concerns were also expressed that e-cigarettes could serve as a gateway for pre-teen and teens to traditional cigarette smoking.
Attached are the draft Commission minutes that capture the public comments expressed at the September 8, 2014 meeting.
Fiscal Impact
Minimal costs associated with outreach and education, costs can be absorbed in existing budgets.
Attachment(s)
SMMC Section 8.80 - proposed amendments
SMMC Section 10.10 - proposed amendments
Vista Community Clinic PowerPoint from the 2/10/14 SNRC meeting
SNRC September 8, 2014 - Draft Meeting Minutes
Palomar Community Health Action Council of San Marcos - Support Letter
America Academy of Pediatrics - Abstract on Exposure to Electronic Cigarette Television
Advertisements Among Youth and Young Adults.
2014 Congressional Report - Cigarette, E-Cigarette, and Other Tobacco Product Advertisements
and Imagery in Magazines with Large number of Teen Readers
Prepared by: Lydia Romero, Deputy City Manager
Approved by: Jack Griffin, City Manager