HomeMy WebLinkAboutO-13437City of Miami
Legislation
Ordinance: 13437
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00074 Final Action Date: 2/27/2014
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"OFFENSES -MISCELLANEOUS", MORE PARTICULARLY BY ADDING A NEW
SECTION TO PROHIBIT THE SALE, BARTER, PROVIDING DIRECTLY OR
INDIRECTLY, GIFTING, MAKE AVAILABLE FOR USE OR POSSESSION, OR
FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO PERSONS
UNDER THE AGE OF EIGHTEEN (18); PROVIDING FOR PENALTIES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic
cigarettes or e-cigarettes, have recently been made available to consumers, including minors, allow
users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and
the vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and
WHEREAS, after inhaling, the user then blows out the heated vapors producing a "cloud" of
undetermined substances; and
WHEREAS, a majority of State Attorney Generals recently sent a letter to the Food and Drug
Administration ("FDA") urging the agency to regulate electronic cigarettes in the same way it regulates
tobacco products stating that e-cigarettes are being marketed to children through cartoon -like
advertising characters and by offering fruit and candy flavors, much like cigarettes were once
marketed to attain new smokers; and
WHEREAS, the FDA and public health advocates have warned these flavorings are purposefully
meant to appeal to and attract young people and are commonly referred to as "training wheels" for
traditional cigarettes; and
WHEREAS, studies show that adolescents can become addicted to nicotine after ingesting the
equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack which can
lead young people into a lifetime of nicotine addiction; and
WHEREAS, in the United States, more than 90% of current adult smokers began smoking before
the age of 18 and the younger an individual is when he or she experiments with smoking, the more
likely he or she is to become a regular or daily smoker; and
WHEREAS, two-thirds of children who begin smoking in the sixth grade become regular adult
smokers, and almost half (46%) of those who initiate smoking in the eleventh grade become regular
adult smokers; and
WHEREAS, the percentage of United States middle and high school students who use electronic
cigarettes, or e-cigarettes, more than doubled from 2011 to 2012, according to data published by the
City of Miami
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File Number: 14-00074 Enactment Number: 13437
Centers for Disease Control and Prevention; and
WHEREAS, the federal law restricting the sale of tobacco products to minors currently applies
only to cigarettes, cigarette tobacco, roll -your -own tobacco, and smokeless tobacco, and does not
apply to nicotine vaporizers; and
WHEREAS, the City Commission finds that it is in the best interest of and is necessary to protect
the health, safety, and welfare of the residents and visitors of the City of Miami by prohibiting the sale
of nicotine vaporizers and liquid nicotine to minors;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings found in the preamble of this ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida as amended, entitled
"Offenses -Miscellaneous", is amended in the following particulars: {1}
"CHAPTER 37
OFFENSES -MISCELLANEOUS
Sec. 37-10. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors, Prohibited.
(a) Definitions:
Liquid Nicotine means any liquid product composed either in whole or in part of pure nicotine which
can be used with Nicotine Vaporizers.
Minor means a person under the age of eighteen (18).
Nicotine Vaporizer means any electronic or battery -operated device that can be used to deliver an
inhaled dose of nicotine or other substance and includes those composed of a mouthpiece, heating
element, and battery or electronic circuits that provide a vapor of Liquid Nicotine or other substances
to the user. This term shall include such devices whether they are manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic
pipe, an electronic hookah, an e-cigarette, an e-cigar, e-cigarillo, an e-pipe, an e-hookah, or under
any other product name.
(b) Prohibitions:
(1) It shall be unlawful to sell, give, furnish, barter or make available directly or indirectly a Nicotine
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File Number: 14-00074 Enactment Number: 13437
Vaporizer or Liquid Nicotine to a person under the age of 18 years old. The buyer or recipient's
identification shall be examined to confirm that the buyer or recipient is at least 18 years of age.
(2) In order to minimize the physical accessibility to minors, no person shall offer Nicotine Vaporizers
or Liquid Nicotine in vending machines.
(c) Penalties. Any person who violates any provision of this section commits a municipal ordinance
violation and may be punished as provided in Section 1-13 of the Code of the City of Miami, Florida,
as amended.
*I1
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective 30 days after final reading and adoption thereof.
{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission.
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