HomeMy WebLinkAboutOrdinance No. 18-025 amendment of the smoking ordinance to include the definition and prohibition of electronic cigarettes or digital smokingORDINANCE NO. 18-025
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES, ARTICLE 6.04 "SMOKING"; PROVIDING
ADDITIONAL DEFINITIONS AND PROHIBITION OF ELECTRONIC OR
DIGITAL SMOKING; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances prohibits smoking in certain public buildings
and places to improve and protect the public's health by eliminating smoking in public
places; and
WHEREAS, it is necessary to include in that prohibition electronic or digital
smoking;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That Article 6.04 "Smoking" of the University Park Code of
Ordinances is hereby amended in part as follows:
"ARTICLE 6.04 SMOKING
Division 2. Smoking in Public Buildings
Sec. 6.04.031 Definitions.
The following definitions shall apply to this Article:
Electronic or Digital Smoking Device means any product containing or delivering nicotine
or any other substance intended for human consumption that can be used by a person to
simulate smoking through inhalation of vapor or aerosol from the product. The term
includes any such device, whether manufactured, distributed, marketed, or sold as an e-
cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or
descriptor.
Smoke or smoking. Inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other
lighted tobacco product in any manner or form, or to inhale or exhale from an electronic or
digital smoking device.
"
SECTION 2. That all provisions of the Code of Ordinances of the City of
University Park, Texas, in conflict with the provisions of this ordinance are herby repealed.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause,
phrase, or section of this ordinance or of the Code of Ordinances, as amended hereby, be
adjusted or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 4. Any person, firm or corporation violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the
municipal court of the City of University Park, Texas, shall be punished by a fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 5. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council ofthe City of University Park, Texas, on the
17th day of July 2018.
APPROVED Ali~~"
APPROa ;li:.
OLIN LANE, JR., MA voi!f'
ATTEST:
-------~~
CHRISTINE GREEN, CITY SECRETARY
ROBERT L. DILLARD, III, CITY ATTORNEY
(RLD; 6/26/18;1005564)
ORDINANCE NO. 18-025
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES, ARTICLE 6.04 "SMOKING"; PROVIDING
ADDITIONAL DEFINITIONS AND PROHIBITION OF ELECTRONIC OR
DIGITAL SMOKING; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Duly passed by the City Council of the City of University Park, Texas, on the
17th day of July 2018.
APPROVED:
{JL· t::,ilt
OLIN LANE, JR., MAYO
ATTEST:
CHRISTINE GREEN, CITY SECRETARY