HomeMy WebLinkAbout2013-016ORDINANCE NO. 2013 - 016
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA CONCERNING ELECTRONIC
NICOTINE DELIVERY DEVICES, AMENDING SECTION 313.02
(DEFINITIONS) OF CHAPTER 313 (MERCHANDISING OF TOBACCO
PRODUCTS) TO DEFINE ELECTRONIC NICOTINE DELIVERY
DEVICES AND TO APPLY THE REGULATIONS ON THE SALE OF
TOBACCO PRODUCTS TO ELECTRONIC NICOTINE DELIVERY
DEVICES, AND MAKING FINDINGS AND PROVIDING FOR
SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, new unregulated high-tech electronic nicotine delivery devices, often
containing a combination of pure nicotine, which are commonly referred to as electronic
cigarettes or e -cigarettes, have recently been made available to consumers; and
WHEREAS, these devices closely resemble and mimic smoking with users inhaling
vaporized liquid nicotine; and
WHEREAS, nicotine is a known neurotoxin that is also one of the most highly addictive
substances available for public consumption; and
WHEREAS, the nicotine content in electronic nicotine delivery devices is unknown; and
WHEREAS, the appeal of these electronic nicotine delivery devices can lead young
people into a lifetime of nicotine addiction; and
WHEREAS, young people who become addicted to nicotine can then become likely to
utilize more traditional forms of smoking such as cigarettes; and
WHEREAS, electronic nicotine delivery devices are not currently regulated by the
United States Food and Drug Administration; and
WHEREAS, it is necessary for the Board of County Commissioners to regulate the
access of young people to electronic nicotine delivery devices similar to ways that access to
other tobacco products is regulated.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. Enactment Authority.
Article VIII, § 1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home
rule powers in counties to enact ordinances, not inconsistent with general or special law, for the
purpose of promoting the public health, safety and welfare of the residents of the county. The
Board specifically determines that the enactment of this ordinance is consistent with general or
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ORDINANCE NO. 2013 - 016
special law, and is necessary and appropriate to promote the health, safety and welfare of the
residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board.
Section 3. Amendment of Section 313.02 (Definitions) of Chapter 313 (Merchandising of
Tobacco Products) of the Code of Indian River County (the "Code") (added language is
underlined, and deleted language is noted by strilethfough).
Section 313.02 (Definitions) of Chapter 313 (Merchandising of Tobacco Products) of the Code is
hereby amended as follows:
Section 313.02. Definitions.
For purpose of this chapter, the following terms shall mean:
Tobacco products include loose tobacco leaves, and products made from tobacco leaves,
in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing.,
and electronic nicotine delivery devices.
Electronic nicotine delivery devices means a device or product that produces a vapor that
delivers nicotine or other substances to a person inhaling from the device to simulate smoking
and that is offered to or purchased by consumers as an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or other similar device or product.
Section 4. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re -lettered and the word ordinance may be changed to section,
article or such other appropriate word or phrase in order to accomplish such intention.
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ORDINANCE NO. 2013 - 016
Section 6. Effective Date.
This ordinance shall become effective upon filing with the Florida Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 12th day of October,
2013, for a public hearing to be held on the 22nd day of October, 2013, at which time it was
moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted
by the following vote:
Chairman Joseph E. Flescher
Aye
Vice Chairman Wesley S. Davis
Aye
Commissioner Peter D. O'Bryan
Aye
Commissioner Bob Solari
Aye
Commissioner Tim Zorc
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 22nd day of
October, 2013.
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ATTEST: Jeffrey R. Smith, �rerk of Court
and Comptroller
By: V
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
o59PJXS. Flescher, Chairman
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2013.
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