HomeMy WebLinkAboutOrdinance 6346 03/21/2016 ORDINANCE No. 6346 (General)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION
7.450 and 7.452 REGARDING TOBACCO AND INHALANT DELIVERY SYSTEM
VENDING
The City Council of the City of Springfield finds that:
WHEREAS, the 2015 Oregon Legislature enacted House Bill 2546 (2015), which
amends the existing Indoor Clean Air Act to include regulation of inhalant delivery
systems such as e-cigarettes in addition to tobacco products and cigarettes; and
WHEREAS, the Oregon Health Authority is in the process of developing
administrative rules meant to reduce tobacco and e-cigarette sales to minors; and
WHEREAS, e-cigarettes are a new product and the City seeks to develop
regulations that protect public health and safety; and
WHEREAS, the City of Springfield wishes to develop reasonable regulations for
this product to prevent and prohibit the sale of e-cigarettes and other inhalant delivery
systems to minors; and
WHEREAS, the City of Springfield believes it is in the best interest of the health,
safety and welfare of the citizens of the city to adopt and include such regulations in
the Municipal Code; and
WHEREAS, the City of Springfield has determined that the enforcement on the
state level is consistent with City policy and other enforcement actions by the City.
NOW, THEREFORE, based on the foregoing recitals, the Common Council of the
City of Springfield ordains as follows:
Section 1. Subsection 7.450 of the Springfield Municipal Code is hereby amended to
read as follows:
"TOBACCO AND INHALANT DELIVERY SYSTEM VENDING.
7.450 Definition. Tobacco or inhalant delivery systems vending machine means
any coin-operated machine or device used to dispense cigarettes, other tobacco
products, or inhalant delivery systems as defined in SMC 5.300."
Section 2. Subsection 7.452 of the Springfield Municipal Code is hereby amended to
read as follows:
"7.452 Licensed Required. No person shall establish, maintain, or operate a
tobacco or inhalant delivery systems vending machine within the city unless a
license for that use is obtained from the city. Every place or building where a
tobacco or inhalant delivery systems vending machine is offered, whether for
hire or not, shall be deemed a tobacco or inhalant delivery systems vending
machine subject to the provisions of sections 7.450 to 7.454. Each licensee shall
meet the standards as described in sections 7.000 to 7.006."
Section 3. Except as specifically amended herein, Chapter 7 shall continue in full force
and effect.
Section 4. Effective Date of Ordinance. It is hereby found and determined that the
matters relating to the adoption of this Ordinance are matters affecting the public
health, safety and welfare and that an emergency therefore exists, and this Ordinance
shall therefore take effect immediately upon its passage by the Council and approval by
the Mayor.
ADOPTED by the Common Council of the City of Springfield this 21 day of
MARCH , 2016, by a vote of 5 for and o against.
(1 ABS - Wylie)
APPROVED by the Mayor of the City of Springfield this 21 day of
MARCH , 2016.
Mayor
ATTEST:
AS11oWF D &APPROVED
City Recorder
DATE:
OFFICE OF CITY ATT RNEY
ORDINANCE NO. 6346