Naperville officials this week tightened the rules governing use of alternative nicotine products, effectively outlawing the tobacco surrogates for minors, and bans all e-cigarette use indoors.

Under discussion since late in 2014, the added layers of restriction forbid the use and possession of the smoking alternative devices by anyone younger than 18, mirroring existing laws applying to conventional tobacco. Provisions enacted at Tuesday night’s City Council meeting also add alternative nicotine products the definitions in the city’s Smoke Free Act, which prohibits the use of e-cigarettes in restaurants, bars, workplaces and other public spaces, and requires smokers to stand at least 15 feet away from building entrances. The ban goes into effect immediately.

Mike DiSanto, the city’s deputy legal director, said in a memo that Illinois law enacted last year established the definition of alternative nicotine products and forbade selling or giving e-cigarettes to minors, but it did not specifically address use and possession by those under age 18. A pending state bill addressing the discrepancy passed in the House on May 25, but remains in committee in the Senate.

A separate House bill adding the devices, calling them vapor products, also is in committee in Springfield. Santo said its focus shifted since the bill was introduced in February by Rep. Kathleen Willis, D-Northlake.

“Initially, the bill sought to prohibit the use of e-cigarettes in all indoor public places, however, the bill’s sponsor amended the bill to only include schools and public places in government facilities,” DiSanto said. “Recently, the bill’s sponsor indicated she is going to wait for the FDA to release its guidelines before moving forward on any legislation so this bed legislative session.”

Although they were approved unanimously by the City Council, the new local rules were implemented without support from the city’s top elected official. Mayor Steve Chirico cast the only vote opposing the additional regulations. He said too many unresolved issues remain for him to back the local code changes. He would have preferred to await more research and resolution at the state level.

“I just think we’re ahead of ourselves,” Chirico said, emphasizing that he has no objection to the statewide prohibition of conventional tobacco in public spaces. “People have said, ‘I think I’ll go with something less intrusive,’ and we say, ‘Nope, you can’t do it.’ … I think that’s a step too far.”

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