Chapter 8.28
ELECTRONIC SMOKING DEVICES
Sections:
8.28.030 Requirements and prohibitions.
8.28.040 Possession, distribution and use by persons under twenty-one years of age.
8.28.060 Using electronic smoking devices prohibited except in designated areas.
8.28.070 Penalties and enforcement.
8.28.010 Definitions.
For the purposes of this chapter, the words and phrases shall have the following meanings:
A. “Electronic smoking device” (ESD) means any electronic product that delivers nicotine or any other substance to the person inhaling from the device, including but not limited to an electronic cigarette, e-cigar, e-pipe, vape pen or e-hookah. “Electronic smoking device” includes any component, part, or accessory of such a product, whether or not sold separately. “Electronic smoking device” does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
B. “Electronic smoking cartridges” or “electronic smoking device liquid” means the part or accessory to an electronic smoking device that is heated, atomized, vaporized or through some other process, using an ESD, becomes airborne to facilitate inhalation of the product or its byproducts.
C. “Nominal cost” means the cost of any item imposed for the transfer from one person to another for less than the total of: (1) twenty-five percent of the fair market value of the item exclusive of taxes and government fees; plus (2) all taxes and government fees previously paid and all taxes and government fees still due on the item at the time of transfer.
D. “Nonsale distribution” means to give, furnish, or cause or allow to be given or furnished, wholly or for sampling, at no cost or at nominal cost to a person who is not a retailer.
E. “Person” means any natural person, business, employer, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency.
F. “Retailer” means a business or person that sells goods directly to consumers.
G. “Self-service display” means the open display or storage of ESD products or in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
H. “Smoke” and “smoking” mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco-like product or substance in any manner or in any form. “Smoke” and “smoking” also include the use of an electronic smoking device which creates an aerosol, in any manner or in any form. A lighted smoking instrument includes an activated or “switched on” electronic smoking device. (Ord. 3052 §1(part), 2015)
8.28.020 Purpose.
In addition to Oregon State regulations on the sale, possession, and use of tobacco and tobacco products, this chapter is enacted to regulate the sale, possession, and use of electronic smoking devices, electronic smoking cartridges or electronic smoking device liquids in the city of Cottage Grove. (Ord. 3052 §1(part), 2015)
8.28.030 Requirements and prohibitions.
A. Sale to Person Under Twenty-One Years of Age Prohibited. All persons are prohibited from selling, giving or furnishing, or causing to be sold, given or furnished, an electronic smoking device, cartridge or liquid to a person under twenty-one years of age in any place within the city of Cottage Grove.
B. Positive Identification Required. Retailers are prohibited from selling, giving or furnishing an electronic smoking device, cartridge or liquid to a person who appears to be under thirty years of age without first examining identification to confirm that the recipient is at least twenty-one years of age.
C. Self-service displays of electronic smoking devices, cartridges or liquids are prohibited.
D. Nonsale Distribution Prohibited. Except as provided in Section 8.28.040(A), all persons are prohibited from the nonsale distribution of any electronic smoking device, cartridge or liquid to a person who is not a retailer. (Ord. 3081 §3, 2017: Ord. 3052 §1(part), 2015)
8.28.040 Possession, distribution and use by persons under twenty-one years of age.
A. Except as provided in subsection B of this section, it is unlawful for any person under twenty-one years of age to possess, receive, purchase, sell, distribute, use or consume an electronic smoking device, cartridge or liquid. It is unlawful for any person under twenty-one years of age to have personal possession or use of an electronic smoking device, cartridge or liquid except when such person under twenty-one years of age is in a private residence accompanied by such person’s parent or legal guardian and with the consent of such parent or legal guardian.
B. A person under twenty-one years of age acting under the supervision of an authorized adult may purchase, attempt to purchase or acquire electronic smoking devices, cartridges or liquids for the purpose of testing compliance with local law limiting or regulating the delivery of electronic smoking devices, cartridges or liquids to minors. (Ord. 3081 §4, 2017: Ord. 3052 §1(part), 2015)
8.28.050 Nonretaliation.
Persons, retailers, and employers are prohibited from intimidating, threatening any reprisal, or effecting any reprisal, for the purpose of retaliating against another person that seeks to attain compliance with this chapter. (Ord. 3052 §1(part), 2015)
8.28.060 Using electronic smoking devices prohibited except in designated areas.
It is the policy of the city of Cottage Grove that smoking, as defined by this chapter, is prohibited in all public places and places of employment as defined in ORS 433.835.
A. A person may not smoke or carry any lighted smoking instrument in a public place or place of employment except in areas designated as smoking areas pursuant to ORS 433.850.
B. A person may not smoke or carry any lighted smoking instrument within twenty-five feet of the following parts of public places or places of employment:
1. Entrances;
2. Exits;
3. Windows that open; and
4. Ventilation intakes that serve an enclosed area.
C. A person may not smoke or carry any lighted smoking instrument in a room during the time that jurors are required to use the room. (Ord. 3052 §1(part), 2015)
8.28.070 Penalties and enforcement.
A. The penalty and enforcement provisions are cumulative and in addition to any other remedies available at law or in equity.
B. Violation of the provisions of Section 8.28.040 shall be an offense against the city and a person who violates this section shall be punishable by a civil penalty of not more than one hundred dollars. The violator may apply to the court to perform community service in lieu of a monetary penalty.
C. Violation of the provisions of Sections 8.28.030 and 8.28.060 shall be an offense against the city and a person who violates those sections shall be punishable by a civil penalty of not less than one hundred dollars nor more than five hundred dollars. (Ord. 3052 §1(part), 2015)