ALA pushing for outdoor vaping ban (City of Chico, CA)

Status
Not open for further replies.

Tom09

Super Member
ECF Veteran
Feb 22, 2009
504
125
Germany
well, not only outdoors, not only vaping ...

City weighs smoke-free plan (The orion, Nov 15, 2011)
... [City of Chico’s] Internal Affairs Committee met Nov. 8 to review the American Lung Association of California request that was submitted last month. The proposal called for a policy that prohibited smoking in Bidwell Park, outdoor dining and bar areas and within 20 feet of businesses entrances. ...

for actual details and legal definitions of the customized ALA Sample Ordinance see this file:
11-8-11 Internal Affairs Committee Agenda Packet
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
Ironically, the ALA's proposed outdoor smoking ordinance would ban e-cigarette usage at many outdoor locations, but it would NOT amend Chico's existing indoor smoking ban, which doesn't ban e-cigarette usage (so vapers would have to go inside to legally vape).

But since the ALA's proposal only bans outdoor usage of e-cigarettes that contain nicotine, the city would have a impossible task proving (in court) that any e-cigarette violators were actually inhaling nicotine.

Interestingly, the ALA's proposal would allow the burning of incense outdoors (but not vaping of nicotine containing e-cigs).

Here are ALA's newly proposed definitions of "Smoke" and "smoking" that defy the laws of chemistry and physics, as well as common sense.

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and ......... smoke.

"Smoking" means engaging in an act that generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, operating an electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or; lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.
 
Last edited:

Placebo Effect

Ultra Member
ECF Veteran
Sep 19, 2008
1,444
1,562
Orland, California, a small city within 30 minutes of Chico, is also considering an outdoor vaping ban. Orland does not have a citywide smoking ordinnace, and instead follows California law. Thus, they are also considering banning the use of e-cigarettes only in outdoor areas.

Orland, CA Proposed Outdoor Smoking Ordinance

At its October 17, 2011 regular meeting, the Council was presented with a draft ordinance by a group of Orland High School students with Students Working Against Tobacco. The Council requested staff to review thedraft ordinance,set forth the key provisions, and receive Council direction.

At its November 7, 2011 regular meeting,the Council heard comments from the public and provideddirection to prepare an ordinance for consideration

Key Provisions of the Ordinance

a. The measure is directed towards reducing secondhand smoke; there are general findingsconcerning secondhand smoke health and financial impacts.b.The measure would prohibit smoking (1) less than 20 feet from any "entryway," (2) in any common area at a shopping mall, (3) in any playground; (3) in any recreational are or (4) in any service area

I sent an e-mail to the Orland City Council and Clerk today advising them of the inclusion of e-cigarettes and the reasons they should not be included.
 

Placebo Effect

Ultra Member
ECF Veteran
Sep 19, 2008
1,444
1,562
Orland update

At last night's City Council meeting, e-cigarettes weren't really discussed, but they did come up twice. Once when a question about medical ......... came up, leading to the definition of 'smoking' being read. Shortly thereafter, (I believe) Councilman Wade Elliot, who was really leading the discussion, said that he'd be for the ordinance, "electric [sic] cigarettes aside, medical ......... aside." However, when the City Council sent it back to the City Attorney for an amendment reducing the fine, neither e-cigarettes or medical ......... were mentioned.

I've sent Wade Elliot an e-mail mentioning this.

They still need to have a first and second reading of the ordinance. As Councilman Elliot joked during the meeting, everyone in attendance got a lesson on how government works, as they had to consult the City Attorney about whether they could pass the ordinance that night.
 

Eddie.Willers

ECF Wiki SysOp
Supporting Member
ECF Veteran
Verified Member
Apr 3, 2011
1,373
567
Prairie Canada
...except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense...

Which seems to suggest that a quick blast of MJ is perfectly acceptable, on the basis it contains neither tobacco nor nicotine.
Yah think?
 

Placebo Effect

Ultra Member
ECF Veteran
Sep 19, 2008
1,444
1,562
Chico Update -- Next meeting is December 20th

Orland Update -- Last night it was reported that they tabled the outdoor smoking ban, but from what I heard in listening to the meeting, it sounded like they were just sending it back for more revisions.

Included in these revisions will likely be the removal of e-cigarettes and the burning of any 'weed or plant material.'

Transcript of the Mayor (who is on the City Council) talking about e-cigarettes:

I personally have questioned and I have some correspondence that came up about the inclusion of what we call electric [sic] cigarettes. I'm not sure why people use these. I suppose one reason they use them is because they can't light up now in certain places, but they have a nicotine addiction. I suspect there are some cases to be made, and I think one of the papers that I received from a person that was opposed to this inclusion -- they weren't opposed to the ordinance, they were opposed to this inclusion -- is that some people may be using this as a means to get off of their addiction and work away from a tobacco addiction by using the nicotine this way the way someone might use the patch.

Orland, California Mayor Wade Elliott -- good man.
 
Status
Not open for further replies.

Users who are viewing this thread