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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2014-017 ORDINANCE ADDING AND AMENDING SAN LEANDRO MUNICIPAL CODE SUBSECTIONS (N),(0)AND (P)OF SECTION 4-12-105 TO INCLUDE ELECTRONIC CIGARETTE VAPORS AND THE SMOKING OF ELECTRONIC CIGARETTES AND AMENDING SAN LEANDRO MUNICIPAL CODE SUBSECTION(A)OF SECTION 4- 12-400 TO EXPAND THE SMOKING PRODUCTS THAT INDIVIDUALS AND ENTITIES CANNOT KNOWINGLY ALLOW INDIVIDUALS TO USE ON PROPERTY UNDER THEIR CONTROL WHEREAS, in 2009 the City of San Leandro found that the harmful effects of smoking, and secondhand smoke warranted the passage of a new smoking pollution control ordinance that expanded the places within the City where smoking and the creation of secondhand smoke from smoking are prohibited; and WHEREAS,the City of San Leandro desires to expand the prohibition of exposure to secondhand smoke to include smoke or vapor generated by electronic cigarettes,not only because of the potentially harmful effects that such smoke or vapor may cause to those exposed,but also the public welfare and health of San Leandro children will be negatively affected by exposure to electronic cigarettes as an alternative to other forms of smoking, even though electronic cigarettes may not be sold to minors,and the effects of electronic cigarette smoking by minors are, as yet, undetermined. NOW,THEREFORE,the City Council of the City of San Leandro does ORDAIN as follows: SECTION I: Subsection(n)of Section 4-12-105 shall be amended in its entirety to read as follows: (n) "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 and electronic cigarette vapors. The term"smoke" also includes vapor generated through the use of an electronic cigarette in any manner or in any form. SECTION II: Subsections(o)and(p)of Section 4-12-105 shall be amended in their entirety to read as follows: (o) Smoking"means engaging in an act that generates smoke, such as for example: possessing a lighted pipe, lighted hookah pipe or shisha pipe, an operating electronic cigarette, a lighted cigar,