HomeMy WebLinkAbout~Master - Prohibiting the Use of Electronic Smoking Devices in Public Places ORDINANCE NO. 4249
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA, BY ENACTING A NEW SECTION 17.36 THEREOF,FOR
THE PURPOSE OF PROHIBITING THE USE OF ELECTRONIC
SMOKING DEVICE IN PUBLIC PLACES; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Section 17.36 as follows:
"Sec. 17.36. USE OF ELECTRONIC SMOKING DEVICE PROHIBITED IN PUBLIC PLACES
(1) The use of an electronic smoking device is prohibited and a person shall not use such device
in any of the following:
a. Public places.
b. All enclosed areas within places of employment including but not limited to work
areas,private offices,conference and meetingrooms,classrooms,auditoriums,employee lounges and cafeterias,
hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased or
provided by the employer.
(2) In addition to the prohibitions specified in subsection 1,the use of an electronic smoking
device is prohibited and a person shall not use such device in or on any of the following outdoor areas:
a. The seating areas of outdoor sports arenas, stadiums, amphitheaters, and other
entertainment venues where members of the general public assemble to witness entertainment events.
b. Outdoor seating or serving areas of restaurants.
C. Public transit stations,platforms,and shelters under the authority of the city.
d. School grounds,including parking lots,athletic fields,playgrounds,tennis courts,
and any other outdoor area under the control of a public or private educational facility, including inside any
vehicle located on such school grounds.
e. The grounds of any public buildings owned,leased,or operated under the control
of the city.
(3) Definitions.
a. Electronic smoking device:means any product containing or delivering nicotine(e.g.
Electronic Nicotine Delivery System ENDS)or any other substance intended for human consumption that can
be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term
includes any such device,whether manufactured,distributed,marketed,or sold as an e-cigarette,e-cigar,a-pipe,
e-hookah, or vape pen, or under any other product name or descriptor.
b. Public place:means an enclosed area to which the public is invited or in which the
public is permitted, including common areas,and including but not limited to all of the following:
i. Financial institutions.
ii. Restaurants.
iii. Bars.
iv. Public and private educational facilities.
V. Health care provider locations.
vi. Hotels and motels.
vii. Laundromats.
viii. Public transportation facilities and conveyances under the authority of the
city, including buses and taxicabs,and including the ticketing,boarding,and waiting areas of these facilities.
ix. Aquariums,galleries,libraries,and museums.
X. Retail food production and marketing establishments.
xi. Retail service establishments.
xii. Retail stores.
xiii. Shopping malls.
xiv. Entertainment venues including but not limited to theaters;concert halls;
auditoriums and other facilities primarily used for exhibiting motion pictures, stage performances,lectures,
musical recitals,and other similar performances;bingo facilities;and indoor arenas including sports arenas.
xv. Polling places.
xvi. Convention facilities and meeting rooms.
xvii. Public buildings and vehicles owned,leased,or operated by or under the
control of the city
xviii. Service lines.
xix. Private clubs only when being used for a function to which the general
public is invited.
xx. Private residences only when used as a child care facility, a child care
home,or health care provider location.
xxi. Child care facilities and child care homes.
xxii. Gambling structures,excursion gambling boats,and racetrack enclosures.
xxiii. Any other place defined under"public places"in Chapter 142D ofthe Code
of Iowa.
(4) Notwithstanding any provision of this ordinance to the contrary,retail establishments which
sell electronic smoking devices as their primary merchandise line are exempt from the use restrictions of this
ordinance.
(5) Violation of this section shall be a municipal infraction punishable by a penalty of$100 for
a person's first violation thereof and$200 for each repeat violation.Alternatively,violation of this section can
be charged by a peace officer of the City as a simple misdemeanor."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out by law.
Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of
such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 9`h day of February,2016.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor