Chapter 6.46
VAPING REGULATIONS
Sections:
6.46.030 Vaping regulations – Indoor and outdoor.
6.46.050 Purchase or possession by persons under 18 – Penalty.
6.46.060 Intentional violation of chapter – Removing, defacing, or destroying required sign.
6.46.010 Purpose.
The city council recognizes the increasing evidence that vapor from vaping products may create a danger to the health of minors including all citizens of this city. This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential for exposure to drugs and potentially harmful chemicals and other drugs by regulating vaping in indoor and outdoor public places to the extent allowed by Washington State law, and by restricting the sales of vapor products to reduce access and use by minors. (Ord. 1826 § 1, 2018).
6.46.020 Definitions.
(1) “Employee” shall mean any individual who is employed by an employer in return for the payment of direct or indirect monetary wages, benefits or profits; any individual who volunteers his or her services to an employer for no monetary compensation; or any individual who performs work or renders services, for any period of time, at the explicit or implicit direction of an owner, shareholder, member, lessee or other person in charge of a place that is subject to the provisions of this chapter.
(2) “Employer” shall mean any person, sole proprietorship, partnership, corporation, association, nonprofit organization, or other entity of any kind that pays another person direct or indirect monetary wages, profits or provides any other benefit in consideration for such other person’s providing services on the premises of the employer. “Employer” shall also mean the owner(s), shareholders or member(s) respectively of a sole proprietorship, corporation or limited liability corporation, association, nonprofit organization, or other business entity.
(3) “Indoor public place” shall mean:
(a) That portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity;
(b) Any public or private place that is open to the general public regardless of whether dues, cover charges or a fee is charged or there are restrictions such as an age requirement for the privilege of admission, and includes any place used by a membership association or club at which non-member guests are present or permitted;
(c) Schools; and
(d) Elevators.
An indoor public place does not include a private residence.
This chapter is not intended to restrict vaping in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public. An indoor public place does not include a private residence unless the private residence is used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises.
(4) “Minor” means any person under the age defined pursuant to RCW 26.28.080, as currently exists or as hereafter may be amended, for selling or giving a vapor product to a minor.
(5) “Outdoor public place” means a social space that is open and accessible to the public, but located outside of buildings.
(6) “Person” means any natural person, individual, corporation, unincorporated association, proprietorship, firm partnership, joint venture, joint stock association, or other entity of business of any kind.
(7) “Place of employment” means any area under the control of a public or private employer which employees are required to pass through during the course of employment including, but not limited to:
(a) Entrances and exits to places of employment;
(b) Work areas;
(c) Restrooms;
(d) Conference rooms and classrooms;
(e) Break rooms and cafeterias; and
(f) Other common areas.
“Places of employment” also means an outdoor venue or workspace that is adjacent to or enjoined with a business enterprise or work environment where employees are required to pass through during the course of employment including, but not limited to, food/drink service areas such as on decks or outdoor areas. A private residence or home-based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a place of employment.
(8) “Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
(9) “Vaping” means the use of a vapor product, or inhaling of vapor or aerosol from a vapor product.
(10) “Vapor product” means any:
(a) Device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
(b) Cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or
(c) Solution or substance intended for use in such a device including, but not limited to, concentrated nicotine.
“Vapor product” includes any:
(a) Electronic cigarettes;
(b) Electronic nicotine delivery systems;
(c) Electronic cigars;
(d) Electronic cigarillos;
(e) Electronic pipes;
(f) Vape pens;
(g) Steam stones;
(h) Similar products or devices; or
(i) Any parts that can be used to build such products or devices.
“Vapor product” does not include any drug, device, or combination of products approved for sale by the United States Food and Drug Administration that is marketed and sold for such approved purpose. (Ord. 1826 § 1, 2018).
6.46.030 Vaping regulations – Indoor and outdoor.
(1) Indoor. No person may use a vapor product in an indoor public place or in any other place of employment, except for the purpose of tastings as stated in RCW 70.345.150(b).
(2) Outdoor. No person may use a vapor product in any outdoor public place where children congregate. This includes, but is not limited to:
(a) Real property that is under the control of childcare facilities;
(b) Schools;
(c) Within 500 feet of schools;
(d) Playgrounds;
(e) Parks;
(f) Athletic fields; and
(g) Stadiums. (Ord. 1826 § 1, 2018).
6.46.040 Required signage.
Owners, or in the case of a leased or rented space the lessee or other person in charge, shall prohibit the use of vapor products in public places and places of employment and shall post signs prohibiting the use of vapor products. Signs must be posted conspicuously at each building entrance. Signs prohibiting vaping may be combined with signs prohibiting smoking, such as “No Smoking. No Vaping.” or “No Smoking or Vaping.” (Ord. 1826 § 1, 2018).
6.46.050 Purchase or possession by persons under 18 – Penalty.
A person under the age of 18 who purchases or attempts to purchase, possesses, or obtains or attempts to obtain vapor products commits a Class 3 civil infraction and is subject to a $50.00 fine per Chapter 7.80 RCW (OHMC 1.28.020(1)(c)) or participation in up to four hours of community restitution, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of 18, with parental authorization, is participating in a controlled purchase as part of a board, law enforcement, or local health department activity. (Ord. 1826 § 1, 2018).
6.46.060 Intentional violation of chapter – Removing, defacing, or destroying required sign.
Any person intentionally violating this chapter by vaping in indoor or outdoor public places not designated as vaping areas, or any person removing, defacing, or destroying a sign required by this chapter, commits a Class 1 civil infraction and is subject to a $250.00 fine per OHMC 1.28.020(1)(a). Law enforcement personnel shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. (Ord. 1826 § 1, 2018).