Ordinance 11-003 E-Cigarettes CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING NEW CHAPTER OF SPOKANE VALLEY MUNICIPAL CODE
(SVMC) 7.40 REGULATING THE SALE OF ELECTRONIC CIGARETTES,ALSO KNOWN AS
"E-CIGARETTES,"TO MINORS; AND OTHER MATTERS RELATING THERETO.
WHEREAS, Article 11, §11 of the Washington State Constitution allows local governments to
make and enforce within their jurisdictional limits, local laws and regulations not in conflict with the
general laws of the State; and
WHEREAS, E-Cigarettes are battery operated devices that generally use liquid cartridges filled
with nicotine, flavors,and other chemicals; and
WHEREAS, E-Cigarettes convert liquid nicotine, which is a known neuro-toxin and highly
addictive substance, into a chemically impregnated gas that is inhaled by a user simulating smoking;and
WHEREAS, some E-Cigarette cartridges claim not to contain nicotine, but there is no regulatory
program to monitor this assertion and no way for the City to determine which cartridges may or may not
contain nicotine;and
WHEREAS, extended exposure to nicotine results in increased tolerance,resulting in the need for
escalating doses to receive the desired stimulation and causing withdrawal symptoms which include
cognitive and attention deficits, cravings, and sleep disturbance; and
WHEREAS,E-Cigarettes are not currently well regulated; at this time,there are no restrictions on
the sale, distribution, or purchase of E-Cigarettes under State law, although other jurisdictions have
enacted laws controlling such devices or taken other regulatory action; and
WHEREAS,no Washington State law controls the sale of E-Cigarettes to minors; and
WHEREAS, E-Cigarettes present a substantial risk of nicotine addiction and resultant harm to the
public health and safety of the citizens of the City,particularly for children and young people; and
WHEREAS, the City Council seeks to promote the City's interest in public health and safety by
implementing regulations on the sale of E-Cigarettes and related components, and Council seeks to
protect minors from the known health hazards of nicotine and the unregulated manufacturing of
substances intended to be inhaled.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,ordains as follows:
Section 1. That SVMC Title 7 be amended by adding a new Chapter, to be designated
"Chapter 7.40 Electronic Cigarettes and Related Devices,"to read as follows:
Ordinance 11-003 E-Cigarettes Page 1 of 4
7.40.010 Purpose and intent.
The purpose and intent of this chapter is to protect minors from the hazards of nicotine
addiction and the dangers of ingesting products with no regulatory oversight as to their purity,
contents, and potential negative health impacts.
7.40.020 Definitions.
As used in this Chapter:
"Electronic Cigarette" or "E-Cigarette" means an electronic device usually composed of
a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas
derived from liquid nicotine and/or other substances which is inhaled by a user simulating
smoking. The term includes such devices, regardless of the details of the product appearance or
marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking
devices.
"Liquid Nicotine"means any liquid product composed either in whole or part of nicotine,
proprylene glycol and/or other similar substances and manufactured for use with E-Cigarettes to
be converted into a gas for inhaling.
"Minor"means someone under 18 years of age.
"Person" means any natural person, individual, corporation, unincorporated association,
proprietorship, firm, partnership,joint venture,joint stock association, or other entity or business
of any kind.
7.40.030 Sampling and sales to minors prohibited.
A. No person may give, distribute, transfer, sell, market, or offer E-Cigarettes, their
components,or samples to persons under 18 years of age.
B. It is a defense to a prosecution for violation of this section when the person making
the gift, distribution, transfer, sale, marketing, or offer as a gift, transfer, sale, marketing, or
sample reasonably relied on any of the officially issued identifications referenced in RCW
70.155.090 showing the purchaser or recipient was at least 18 years old.
7.40.040 Coupon redemption.
No person shall give or distribute E-Cigarettes, or their components, to a person by a
coupon if such coupon is redeemed in any manner that does not require an in-person transaction
in a retail store to help prevent redemption of such merchandise by a minor.
7.40.050 Purchase by minors prohibited.
No person under the age of 18 may purchase, attempt to purchase, possess, or obtain E-
Cigarettes or their components. This prohibition does not apply to activities or enforcement
actions under the control of a City, State, or Federal law enforcement authority or Spokane
Regional Health District.
7.40.060 Prohibition signage to be posted; Identification required.
A. Any person selling, marketing, displaying, giving, or distributing E-Cigarettes or their
components shall display a printed sign, posted so that it is clearly visible to anyone purchasing
E-cigarettes or their components. The sign must be in contrasting colors and at least 20 point
type and must read substantially as follows:
Ordinance 11-003 E-Cigarettes Page 2 of 4
"IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR
PURCHASING E-CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS -
SVMC 7.40.050. THE SALE OF E-CIGARETTES OR RELATED DEVICES OR THEIR
COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED -
SVMC 7.40.030.PHOTO ID REQUIRED."
B. When there may be a question of a person's age, identification of at least the
sufficiency referenced in RCW 70.155.090 shall be required by any person selling, giving, or
distributing E-Cigarettes or their components.
7.40.070 Mechanical sales restricted.
A. No person shall sell or permit to be sold E-Cigarettes or their components through
any device that mechanically dispenses such products unless the device is located fully within
premises from which minors are prohibited, or in industrial worksites where minors are not
employed nor permitted, and not less than ten feet from all entrance or exit ways to and from each
premises.
B. It is a defense to this section if the person demonstrates to the satisfaction of the
Building Official that it is architecturally impracticable for the device to be located not less than
ten feet from all entrance and exit ways.
7.40.080 Penalties and enforcement.
Violation of any provision of this Chapter by a minor shall be a class 3 civil infraction
under SVMC 1.10.010 and RCW Chapter 7.80. Violation of any provision of this Chapter by
anyone other than a minor shall be a class 1 civil infraction under SVMC 1.10.010 and RCW
Chapter 7.80. Each transaction is a new and separate violation.
This Ordinance shall be enforced by the Chief of the City of Spokane Valley Police, or
his or her designee, and the Health Officer for the Spokane Regional Health District, or his or her
designee, who shall collectively be the"enforcement officer"as that terminology is used in RCW
Chapter 7.80.
7.40.090 Chapter to be harmonized with State and Federal law
A. This Chapter shall be harmonized to avoid any conflict with RCW Chapter 70.155 and
with all other State or Federal preempting laws or regulations. Nothing in this Chapter
diminishes the authority of the City to enforce RCW 70.155.080 or any other applicable laws or
regulations.
B. This Chapter shall be repealed on the day that State or Federal legislation goes into
effect incorporating either the same or substantially similar provisions as are contained in this
ordinance, or in the event that a pertinent State or Federal Administrative Agency issues and
promulgates regulations preempting such action by the City. The City Council may repeal this
Chapter whether or not identical or substantially similar State or Federal legislation has been
enacted for the purposes of triggering the provisions of this subsection.
Section 2. Incorporation by Reference. The Spokane Regional Health District has determined
that it is in the best interests of citizens within its jurisdiction to protect children and young people from
E-Cigarettes. Therefore, the Spokane Regional Health District's findings, testimony, and written record
on this matter are hereby adopted and incorporated by this reference as if fully set forth herein. A
complete copy of such findings,testimony,and written record shall be kept on file with the City Clerk.
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Section 3. Severability. If any part of this Chapter is declared unenforceable, it shall not affect
the remainder.
Section 4. Effective Date. This Ordinance shall become effective March 31,2011.
Adopted this 22nd day of February, 2011
City of Spokane Valley
Thomas E. Towey, Mayor
7.11:
,
ristine Bainbridge, City Clerk
Approved as to Form:
Office he City A orney
Date of Publication: 3 -4/296#
Effective Date: March 31,2011
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