Note: Prior ordinance history: Ord. 218.
A. 
Credible studies have demonstrated that there are health concerns regarding the use of tobacco products and electronic smoking devices by users of the devices and bystanders.
B. 
The U.S. Food and Drug Administration (FDA) has found that tobacco products do contain carcinogens and other harmful substances. Nicotine is contained in tobacco. Nicotine is a highly addictive neurotoxin included in the Proposition 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. Nicotine is known to cause birth defects. Nicotine is a component of the emissions from tobacco products and involuntarily exposes non-users to nicotine.
C. 
The Centers for Disease Control and Prevention has reported that from 2011-2012, the use of electronic cigarettes by U.S. middle and high school students more than doubled.
D. 
Despite the potential use of electronic smoking devices as an aid to quitting smoking, the products are not approved for smoking cessation or treatment of any health concerns. An analysis by the FDA found that e-cigarettes do contain carcinogens, including nitrosamines as well as toxic chemicals such as diethylene glycol. Although electronic smoking devices do not produce the same smoke as conventional tobacco product cigarettes, they do produce a cloud of vapors containing unknown substances and sometimes produce unpleasant odors. The possible health effects of bystanders breathing or absorbing these vapors through their skin is unknown.
E. 
Nicotine is contained in most electronic smoking devices. Nicotine is a highly addictive neurotoxin included in the Proposition 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity and is known to cause birth defects. Nicotine is a component of the emissions from electronic smoking devices containing nicotine and involuntarily exposes non-users to nicotine.
F. 
Scientific studies and FDA testing demonstrated that the solutions in electronic smoking devices contained toxic chemicals and that labeling often misrepresented nicotine content contained in the devices.
G. 
There are products approved by the FDA for smoking cessation. To date, scientific studies have not demonstrated the benefit of electronic smoking devices for smoking cessation. The FDA does not approve these devices for smoking cessation.
H. 
With certain exceptions, state law prohibits smoking inside an enclosed space at a place of employment.
I. 
The use of electronic smoking devices in locations where the smoking of tobacco is prohibited may cause confusion and uncertainty, and make it more difficult to enforce smoke free environments and other prohibitions on smoking tobacco.
J. 
The enactment of the ordinance codified in this chapter is not intended to repeal the provisions of Ordinance number 218, enacted in 1994. By adoption of the ordinance codified in this chapter, Ordinance number 218 shall no longer be codified in the Lemon Grove Municipal Code. Ordinance number 218 law that shall remain in effect but no longer be operative since the state of California has preempted the field of regulation with the enactment of Labor Code Section 6404.5. Under Labor Code Section 6404.5(g), Ordinance number 218 shall become operative if the state repeals the tobacco restriction provisions of Labor Code Section 6404.5.
K. 
It is the intent of the city council in enacting the ordinance that amends Chapter 8.24 of the Lemon Grove Municipal Code to provide for the public health, safety and welfare, by prohibiting the use of electronic smoking devices where state law or regulation prohibits the use and smoking of tobacco products under Labor Code Section 6404.5.
(Ord. 430 § 2, 2015)
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent from the context that a different meaning is clearly intended:
"Electronic smoking device"
is defined as an electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the U.S. Food and Drug Administration for use in mitigation, treatment, or prevention of disease.
"Enclosed space"
is defined as set forth in state law, Labor Code Section 6404.5 and includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.
"Place of employment"
is defined as set forth in state law, Labor Code Section 6404.5.
"Smoking" or "smoke"
for the purpose of this chapter is also defined as the use of an electronic smoking device intended to emulate smoking, which permits a person to inhale vapors, mists or aerosol that may or may not contain nicotine.
(Ord. 430 § 2, 2015)
A. 
Enclosed Spaces at Places of Employment. No person shall engage in the smoking of an electronic smoking device in the city of Lemon Grove in an enclosed space at a place of employment, as defined in Labor Code Section 6404.5 or this chapter, whichever provision is operative. The prohibition in this section shall not apply to any place that is not defined as an enclosed space or a place of employment or any place that is otherwise excepted from the smoking prohibitions in Labor Code Section 6404.5 or to any place of employment in a public building owned, leased or operated by another governmental jurisdiction.
B. 
Other Locations Where Smoking Tobacco is Prohibited by State Statute or Regulation. No person shall engage in the smoking of an electronic smoking device in any other location where smoking tobacco is prohibited by any state statute or regulation.
(Ord. 430 § 2, 2015)
Any violation of the prohibition set forth in Section 8.24.030 is an infraction, punishable by a fine not to exceed one hundred dollars for a first violation, two hundred dollars for a second violation within one year, and five hundred dollars for a third and for each subsequent violation within one year.
(Ord. 430 § 2, 2015)
The city attorney and the sheriff are authorized to administer and enforce this chapter. The city attorney and the sheriff may exercise any enforcement powers provided by law to enforce this chapter.
(Ord. 430 § 2, 2015)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. Violation of this section is a misdemeanor punishable according to Chapter 1.12 of this code.
(Ord. 430 § 2, 2015)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 430 § 2, 2015)
If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable.
(Ord. 430 § 2, 2015)