REPORT TO THE CITY COUNCIL
December 1, 2016
FROM: KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
Title
BILL - (For introduction) - Amending Sections 10-1103 and 10-1105 of the Fresno Municipal Code (FMC), Article 11 - the Smoking Pollution Control Ordinance (Smoking Ordinance)
Body
RECOMMENDATION
Staff recommends City Council consider for introduction and adoption an Ordinance revising Sections 10-1103 and 10-1105 of the Fresno Municipal Code (FMC), Article 11 - the Smoking Pollution Control Ordinance (Smoking Ordinance). The Ordinance will update the City's Smoking Ordinance to statewide definitions of "Smoking" and "Tobacco product" which include electronic devices, and declare certain areas of the Fresno Yosemite International Airport (FAT) and Fresno Chandler Executive Airport (FCH) "public places."
EXECUTIVE SUMMARY
Recent state legislation revised the definition of smoking to include electronic smoking devices that create aerosol or vapor. The proposed revision to FMC Section 10-1103 is consistent with the revised state statute, such that using an e-cigarette is "smoking" and electronic smoking devices are "tobacco products" for the purposes of the Smoking Ordinance.
The proposed revisions to Section 10-1105 (Prohibition of Smoking in Public Places) includes subsection "m" stating the exterior areas of FAT and FCH are "public places" under the Smoking Ordinance. The proposed update will allow the City to mitigate exposure to second-hand smoke in congested, confined, and sensitive areas (such as air intake areas) around FAT and FCH.
BACKGROUND
The Governor signed SBX2-5 on May 5, 2016, which expanded the state definition of Smoking and Tobacco Products to include electronic smoking devices. Accordingly, the proposed revisions to FMC ? 10-1103, Definitions, updates the FMC to be consistent with state law by including electronic smoking devices in "smoking" and "tobacco product." The proposed update mirrors the n...
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