To: Honorable Mayor and Members of City Council
From: Steve Potter, City Manager
Prepared By: Liz Habkirk, Deputy City Manager
TITLE:
Title
Smoking Regulations
LABEL
RECOMMENDED ACTION:
Recommendation
Approve the first reading and introduction of an ordinance amending the Napa Municipal Code by repealing Chapter 5.20 (“Cigarette Vending Machines”); repealing Chapter 8.20 (“Smoking”) and replacing it with a new chapter 8.20 (“Smoking Regulations”); and amending sections 12.36.005 (“Definitions”) and 12.36.280 (“Smoking Prohibited in all City Parks”) relating to smoking in City parks.
Body
DISCUSSION:
On December 17, 2019, City Council received a report from the Napa Police Department with information on the significant issues surrounding use of e-cigarettes/vaping and the potential update of Napa Municipal Code (“NMC”) to help address these issues and reflect changes to State Code relating to tobacco use. The Napa Police Department worked in partnership with local students participating in the Friday Night Lights program and representatives from Napa County’s Health and Human Services Department to prepare the presentation and the recommended actions.
With today’s approval, NMC Chapter 8.20 (“Smoking”) will be repealed and replaced with a new chapter 8.20 (“Smoking Regulations”) in order to:
• Broaden the purpose statement to include the protection of public health, safety and welfare relating to smoking and to secondhand smoke;
• Introduce definitions that identify the wide variety of tobacco products covered by this section, broaden the definition of smoking to include electronic devices, and define flavored tobacco products among other things;
• Identify the minimum age of 21 for purchase of tobacco products, to mirror California Penal Code Ch. 7.308; and
• Ban the sale of flavored tobacco products within the City of Napa.
Additionally, the recommended ordinance updates other chapters of NMC that regulate smoking. These include the repeal of Chapter 5.20 (“Cigarette Vending Machines”) which will now be covered within Chapter 8.20 (“Smoking Regulations”), and amendments to Chapter 12.36 (“Parks and Recreation Area Use Regulations”) to cross-reference the definition of smoking within Chapter 8.20 and to add clarifying language around the prohibition of smoking within a city park.
These changes reflect the City’s commitment to protecting youth from the dangers of smoking. Representatives of Napa County’s Health and Human Services Department have shared information with staff from the California Department of Public Health and the American Lung Association which describe the seriousness of the use of flavored tobacco products and electronic smoking devices by youth.
Flavored tobacco is defined as any tobacco product that contains a constituent that imparts a characterizing flavor. There are over 1,500 tobacco flavors on the market, many of which have names that are attractive to youth including “bubblegum” and “unicorn pop”. Flavored products are often referred to as ‘starter’ products for youth who begin using tobacco through vaping devices. This product manipulation has significant public health implications as it can lead to years of addiction. Flavored tobacco comes in the form of liquid that when heated, form an aerosol that emits toxic chemicals known to cause cancer, birth defects, and other reproductive harm.
According to a recent study by the California Department of Public Health Tobacco Control Program, one in eight California high school students currently use any tobacco product, with the most used product among all students being electronic smoking devices (10.9 percent). Of those that currently use tobacco, an overwhelming majority use electronic smoking devices (84.3 percent). In addition, 86.4 percent of youth tobacco users reported using flavored tobacco products.
An updated NMC broadening the definition of smoking, mirroring the State’s minimum age to 21 for purchase of tobacco products, and banning the sale of flavored products will support the efforts of law enforcement and public health officials in combating the harmful impacts of tobacco products.
Today’s recommended update does not include all the potential amendments presented and discussed at the December City Council meeting. City Manager, Police Department and Community Development Department staff will be working in partnership with Napa County officials to further discussions about the appropriate implementation of public space smoking bans and issuance of tobacco retailer permits. Those items will require additional input from stakeholders and development of processes/infrastructure to issue permits and enforce violations appropriately. The City Manager’s Office will work with Departmental staff to prioritize further updates as a part of future goal-setting exercises to ensure appropriate resources are assigned to this effort. Additional amendments would be presented for approval by the City Council.
FINANCIAL IMPACTS:
None.
CEQA:
The City Manager has determined that the Recommended Action described in this Agenda Report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance with EX A
EX A - Chapter 8.20 - Smoking Regulations
ATCH 2 - California Tobacco Facts and Figures 2019 Report (California Dept. of Public Health)
NOTIFICATION:
Legal notices of report were published in the Napa Valley Register at least 10 days prior to the hearing date.