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City of San Leandro <br />Meeting Date: October 20, 2014 <br />Ordinance <br />Agenda Section:File Number:14-409 CONSENT CALENDAR <br />Agenda Number:8.B. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:ORDINANCE Adding and Amending San Leandro Municipal Code <br />Subsections (n), (o) and (p) of Section 4-12-105 to Include Electronic <br />Cigarette Vapors and the Smoking of Electronic Cigarettes and Amending <br />San Leandro Municipal Code Subsection (a) of Section 4-12-400 to Expand <br />the Smoking Products that Individuals and Entities Cannot Knowingly Allow <br />Individuals to Use on Property Under Their Control (expands the prohibition of <br />exposure to secondhand smoke to include smoke or vapor generated by <br />electronic cigarettes) <br />WHEREAS, in 2009 the City of San Leandro found that the harmful effects of smoking, <br />and secondhand smoke warranted the passage of a new smoking pollution control ordinance <br />that expanded the places within the City where smoking and the creation of secondhand <br />smoke from smoking are prohibited; and <br />WHEREAS, the City of San Leandro desires to expand the prohibition of exposure to <br />secondhand smoke to include smoke or vapor generated by electronic cigarettes, not only <br />because of the potentially harmful effects that such smoke or vapor may cause to those <br />exposed, but also the public welfare and health of San Leandro children will be negatively <br />affected by exposure to electronic cigarettes as an alternative to other forms of smoking, even <br />though electronic cigarettes may not be sold to minors, and the effects of electronic cigarette <br />smoking by minors are, as yet, undetermined. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />SECTION I: Subsection (n) of Section 4-12-105 shall be amended in its entirety to <br />read as follows: <br />(n)“Smoke” means the gases, particles, or vapors released into the air as a result of <br />combustion, electrical ignition or vaporization, when the apparent or usual purpose of the <br />combustion, electrical ignition or vaporization is human inhalation of the byproducts, except <br />Page 1 City of San Leandro Printed on 10/14/2014