City Council approves ban on public electronic cigarette use

Kent Mallett | Newark Advocate

NEWARK – City Council unanimously approved a ban on electronic cigarettes, but added an exemption for retail vapor stores, at Monday night's meeting.

The ordinance prohibits the use of electronic nicotine delivery systems, including electronic cigarettes, from virtually all enclosed public places in the city, matching the existing law on smoking.

"Whereas, the health, safety, and aesthetic concerns surrounding the use of tobacco by conventional means carry over in many ways to the use of electronic nicotine delivery systems, thereby warranting the regulation of such electronic nicotine delivery systems in a substantially similar manner," the ordinance states.

Jonathan Lang, R-Fifth Ward, brought the issue to council after receiving a complaint from a business owner in his ward, which he identified Monday as Walls of Books, on North 21st Street.

"This business has since closed, in large part, to that issue," Lang said.

Lang told council last month the business was plagued by people using electronic cigarettes in front of the store, and the vapors got sucked into the store, driving off customers.

Retail vapor stores and tobacco stores are exempted from the legislation.

Charlotte Hickcox, a lobbyist for the Ohio Vapor Trade Association, told council before the vote, "Our biggest concern is an exemption for an actual vapor store. We're not opposed to the language. We understand the need for it."

Law Director Doug Sassen has said the ordinance prohibits use of the devices from areas adjacent to the entrances and exits of enclosed public places to ensure the vapors do not enter through doors, windows or ventilation systems.

Health Commissioner Joe Ebel told council's Safety Committee last month the law in some states is enforced 20 feet from the entrance, but Ohio does not specify a distance, so it becomes a judgment call.

Ebel also said preliminary test results show e-cigarettes are a little better than traditional cigarettes, but still not healthy.

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The legislation was also amended to replace "smoking devices" with the term nicotine delivery systems, which it defined as "any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah, hookah pens, vapes or vaporizers."

The ordinance does not regulate the use of e-cigarettes, or vaping, in the following areas: private residences, unless used as a licensed child care or health care facility; hotel and motel rooms rented to guests and designated as smoking rooms; family-owned and operated businesses not open to the public, with all employees related to the owner; retail tobacco and vapor stores already in operation; outdoor patios; drug and alcohol rehabilitation facilities.

kmallett@newarkadvocate.com

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Twitter: @kmallett1958