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HomeMy WebLinkAbout2014-14PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14 Series of 2014, on the Town of Vail's web site, www.vailciov.com, on the 6th day of August, 2014. Witness my hand and seal this ammyl De u day of (seal) , 2014. ORDINANCE NO. 14 SERIES 2014 AN ORDINANCE AMENDING SECTIONS 5-4-9 AND 5-4-10 OF THE VAIL TOWN CODE RELATING TO THE POSSESSION, CONSUMPTION AND USE OF NICOTINE PRODUCTS BY MINORS AND THE SALE OF SUCH PRODUCTS TO MINORS WHEREAS, the Colorado General Assembly recently passed Senate Bill 2014- 18, which prohibits furnishing and/or selling nicotine products to minors, including electronic devices that deliver nicotine; WHEREAS, Sections 5-4-9 and 5-4-10 of the Vail Town Code govern restrictions on tobacco products and minors, but do not include nicotine products, such as electronic cigarettes; and WHEREAS, the Town Council desires to amend the Vail Town Code to prohibit the possession, consumption and use of nicotine products by minors and the sale of such products to minors. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-4-9 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5-4-9: TOBACCO PRODUCTS, NICOTINE PRODUCTS AND MINORS: A. Definitions. As used in this Section: 1. MINOR means a person under eighteen (18) years of age. 2. TOBACCO PRODUCT means a product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in the oral or nasal cavities, or applied to the skin of an individual, including without limitation cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine-cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco product also includes cloves and any other plant matter or product that is packaged for smoking. Ordinance No. 14, Series of 2014 3. NICOTINE PRODUCT means an electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including without limitation an electronic cigarette, cigar, cigarillo, hookah, pipe, or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. B. It is unlawful for a minor to possess, consume or use a tobacco product or nicotine product. C. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product by misrepresentation of age or by any other method. D. It is unlawful for a person to knowingly furnish to a minor, by gift, sale or any other means, a tobacco product or nicotine product. E. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product or nicotine product. F. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age of older. Section 2. Section 5-4-10 of the Vail Town Code is hereby amended as foIIows- 5-4-10: VIOLATION; PENALTY: A. Violations: The following acts constitute violations of this Chapter: 1. Smoking in a posted no smoking area. 2. Failure to post a no smoking sign as required by this Chapter. 3. Willful destruction or defacement of a sign posted as required by this Chapter. 4. The furnishing, selling, or giving of any tobacco product or nicotine product to a minor. 5. The possession, consumption or use of a tobacco product or nicotine product by a minor. Ordinance No. 14, Senes of 2014 56. The purchase or attempt to purchase a tobacco product or nicotine product by a minor. B. Penalty: The penalty for violation of any provision of this Chapter shall be as provided in Section 1-4-1 of this Code. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of August, 2014 and a public hearing for second reading of this Ordinance set for the 19th day of August, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2014 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14 Series of 2014, on the Town of Vail's web site, www.vailgov.com, on the 20th day of August, 2014. Witness my hand and seal thiso—X -�k day of ur- , 2014. Tammy ageI lerk (seal) ORDINANCE NO. 14 SERIES 2014 AN ORDINANCE AMENDING SECTIONS 5-4-9 AND 5-4-10 OF THE VAIL TOWN CODE RELATING TO THE POSSESSION, CONSUMPTION AND USE OF NICOTINE PRODUCTS BY MINORS AND THE SALE OF SUCH PRODUCTS TO MINORS WHEREAS, the Colorado General Assembly recently passed Senate Bill 2014-18, which prohibits furnishing and/or selling nicotine products to minors, including electronic devices that deliver nicotine; WHEREAS, Sections 5-4-9 and 5-4-10 of the Vail Town Code govern restrictions on tobacco products and minors, but do not include nicotine products, such as electronic cigarettes; and WHEREAS, the Town Council desires to amend the Vail Town Code to prohibit the possession, consumption and use of nicotine products by minors and the sale of such products to minors. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-4-9 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5-4-9: TOBACCO PRODUCTS, NICOTINE PRODUCTS AND MINORS: A. Definitions. As used in this Section: 1. MINOR means a person under eighteen (18) years of age. 2. TOBACCO PRODUCT means a product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in the oral or nasal cavities, or applied to the skin of an individual, including without limitation cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine-cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco product also includes cloves and any other plant matter or product that is packaged for smoking. 3. NICOTINE PRODUCT means an electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including without limitation an electronic cigarette, cigar, Ordinance No. 14, Series of 2014 cigarillo, hookah, pipe, or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. B. It is unlawful for a minor to possess, consume or use a tobacco product or nicotine product. C. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product by misrepresentation of age or by any other method. D. It is unlawful for a person to knowingly furnish to a minor, by gift, sale or any other means, a tobacco product or nicotine product. E. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product or nicotine product. F. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age of older. Section 2. Section 5-4-10 of the Vail Town Code is hereby amended as follows: 5-4-10: VIOLATION; PENALTY: A. Violations: The following acts constitute violations of this Chapter: 1. Smoking in a posted no smoking area. 2. Failure to post a no smoking sign as required by this Chapter. 3. Willful destruction or defacement of a sign posted as required by this Chapter. 4. The furnishing, selling, or giving of any tobacco product or nicotine product to a minor. 5. The possession, consumption or use of a tobacco product or nicotine product by a minor. 56. The purchase or attempt to purchase a tobacco product or nicotine product by a minor. B. Penalty: The penalty for violation of any provision of this Chapter shall be as provided in Section 1-4-1 of this Code. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of Ordinance No. 14, Series of 2014 the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th daX of August, 2014 and a public hearing for second reading of this Ordinance set for the 19t day of August, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of August, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2014