Ordinance No. 2019-02 Creating Code Sections 1-18 and 1-19 Prohibiting Nicotine Vaporizers - March 12, 2019 ORDINANCE NO. 2019-02
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY CODE BY
CREATING SECTION 1-18, "SALE OF NICOTINE VAPORIZERS (E-
CIGARETTES) AND LIQUID NICOTINE TO MINORS PROHIBITED;
SIGNAGE REQUIREMENTS; POSSESSION BY MINORS PROHIBITED;
PENALTIES" AND SECTION 1-19 "USE OF NICOTINE VAPORIZERS
AND LIQUID NICOTINE PROHIBITED NEAR CITY PARKS AND PUBLIC
SCHOOLS; SIGNAGE REQUIREMENTS; ADDITIONAL
RESTRICTIONS; PENALTIES"; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, electronic cigarettes (e-cigarettes), are electronic products that
permit users to inhale vaporized nicotine, flavor, and other chemicals, without fire,
smoke, ash or carbon dioxide; and
WHEREAS, these and similar devices allow users to inhale vaporized liquid
nicotine created by a heating mechanism or electronic ignition system; and the vapors
are expelled by a cartridge or pod that usually contains a concentration of pure
nicotine; and
WHEREAS, consumers are led to believe that e-cigarettes are a safe alternative
to traditional cigarettes, despite the fact that e-cigarettes have the potential to be
addictive; and
WHEREAS, the U.S. Food and Drug Administration (FDA) conducted laboratory
analysis of nicotine vaporizer cartridges and found the following:
• Diethylene glycol, an ingredient used in antifreeze and toxic to humans,
was found in one cartridge;
• Certain tobacco-specific nitrosamines, which are human carcinogens,
were detected in half of the samples tested;
• Tobacco-specific impurities suspected of being harmful to humans were
detected in a majority of the samples tested;
• All but one tested cartridge labeled as containing no nicotine did in fact
contain low levels of nicotine;
• Three identically labeled cartridges emitted markedly different amounts of
nicotine with each puff. Nicotine levels per 100 mL puff ranged dramatically
from 26.38 to 43.2 mcg of nicotine;
• One high-nicotine cartridge delivered twice as much nicotine to users as
was delivered by a nicotine inhalation product approved by FDA for use as
a smoking cessation aid which was used as a control; and
City of Aventura Ordinance No. 2019-02
WHEREAS, sales of e-cigarettes have grown rapidly in the United States, and
after doubling every year since 2008, sales from 2016 to 2017 grew more than seven
fold; and
WHEREAS, according to recent empirical studies and widespread news
reports, the use of youth-oriented, flavored e-cigarettes has skyrocketed to alarming
popularity with teens in middle and high schools across the nation; and
WHEREAS, new versions of nicotine dispensing e-cigarettes, such as those
manufactured by Juul Labs, Inc. (JUUL), have further flamed the nationwide vaping
craze among America's youth. Specifically, JUUL e-cigarettes come in youth-popular
flavors, look like a flash drive, are easily concealed, and are rechargeable on Universal
Serial Bus (USB) ports; and
WHEREAS, due to their ease of use, the variety of sweet and fruit-flavored
vapors offered, their sleek and discrete appearance, and the mass marketing of its
products, JUUL e-cigarettes and other similar nicotine dispensing devices have
become immensely popular with teenage children, thereby putting the next generation
of Americans at risk of nicotine addiction and threatening to undermine the decades
of progress made in our country to reduce youth tobacco use; and
WHEREAS, a 2016 Report of the U.S. Surgeon General, entitled "E-cigarette
use among Youth and Young Adults," concluded that the use of nicotine in any form
by youths is unsafe, and that nicotine exposure during adolescence can cause
addiction and can harm the developing adolescent brain; and
WHEREAS, according to information contained on the JUUL website, the
nicotine content in each 5% JUUL pod, which contains approximately 0.7 ml with 5%
nicotine by weight and which is intended to provide approximately 200 puffs, has the
approximate nicotine yield of a pack of cigarettes; and
WHEREAS, as reported on the Centers for Disease Control and Prevention's
website, in the United States, nearly 90% of adult smokers began smoking before the
age of 18, and the younger an individual is when he or she experiments with smoking,
the more likely he or she is to become a regular or daily smoker; and
WHEREAS, on December 18, 2018, the Surgeon General declared teen e-
cigarette and vaping use an epidemic due to recent studies indicating the number of
high school seniors vaping nicotine has nearly doubled between 2017 and 2018; and
WHEREAS, Florida citizens recently passed a constitutional amendment
prohibiting the use of vapor-generating electronic devices in enclosed indoor
workplaces, while giving local governments the authority to impose more restrictive
regulations; and
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City of Aventura Ordinance No. 2019-02
WHEREAS, the Commission of the City Of Aventura (the "City") finds that it is
in the best interest of the City and necessary to protect the health, safety, and welfare
of its residents and visitors to prohibit the sale of nicotine vaporizers and liquid nicotine
to minors, to prohibit the possession of these items by minors, to regulate retailers and
other establishments who are in possession of nicotine vaporizers or liquid nicotine
for the purposes of selling the products to consumers, individuals, or the general
public, to prohibit the use of nicotine vaporizers and liquid nicotine within City parks
and public schools, to prohibit the use of nicotine vaporizers and liquid nicotine where
smoking is prohibited under the Florida Clean Indoor Air Act, to provide additional
restrictions, and to assign penalties for violations of these regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Chapter 1, "General Provisions," of the
City Code of the City of Aventura is hereby amended by creating Section 1-18 entitled,
"Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors Prohibited;
Signage Requirements; Possession by Minors Prohibited; Penalties" and Section 1-
19 entitled "Use of Nicotine Vaporizers and Liquid Nicotine Prohibited Near City Parks
and Public Schools; Signage Requirements; Additional Restrictions; Penalties," to
read, as follows:
Chapter 1 — GENERAL PROVISIONS
Sec. 1-18. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to
Minors Prohibited; Signage Requirements; Possession by Minors Prohibited;
Penalties.
(a) Definitions.
Delivery Sale means any sale of Nicotine Vaporizers or Liquid Nicotine to
a consumer within the City for which the consumer submits the order for
the sale by telephonic or other voice transmission or by mail, by delivery
service, or by the internet or other online service; or the Nicotine Vaporizers
or Liquid Nicotine are delivered by use of mail or a delivery service.
Liquid Nicotine means any liquid product composed either in whole or in
part of pure nicotine, which can be used with Nicotine Vaporizers.
Minor means a person under the age of 18.
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City of Aventura Ordinance No. 2019-02
Nicotine Vaporizer means any electronic or battery-operated nicotine
dispensing device that can be used to deliver an inhaled dose of nicotine
or other substance, and any device that can be used to deliver nicotine
by inhaling vaporized nicotine from the device, including but not limited to
those devices composed of a mouthpiece, heating element, or
mechanism and battery or electronic circuits that provide a vapor of Liquid
Nicotine or other substances to the user. This term shall include, but is
not limited to, such devices as an electronic cigarette, an electronic cigar,
an electronic cigarillo, an electronic pipe, an electronic hookah, an e-
cigarette, an e-cigar, e-cigarillo, an e-pipe, an e-hookah, and any device
that is rechargeable by a USB port or other method, whether they are
manufactured, distributed, marketed, or sold under any other product
name, and includes any replacement nicotine cartridge, replaceable
nicotine pod, Liquid Nicotine vial, or other container used to refill or
replace nicotine for the device or product.
Retailer means any person, business, or establishment who is in
possession of Nicotine Vaporizers or Liquid Nicotine for the purposes of
selling the Nicotine Vaporizers or Liquid Nicotine to consumers,
individuals, or the general public.
(b) Prohibitions.
1. It shall be unlawful to sell, give, furnish, barter, or make available
directly or indirectly a Nicotine Vaporizer or Liquid Nicotine to a
minor. The buyer or recipient's identification shall be examined to
confirm that the buyer or recipient is at least 18 years of age.
2. In order to minimize the physical accessibility to minors, no person
shall sell or offer for sale Nicotine Vaporizers or Liquid Nicotine by
means of self-service merchandising or any other means other
than vendor-assisted sales, unless access to the premises by
persons under the age of 18 is prohibited by the person, business,
tobacco retailer, or other establishment, or prohibited by law.
3. A retailer or any other establishment that sells Nicotine Vaporizers
or Liquid Nicotine may not place such products or devices in an
open display unit unless the unit is located in an area to which
access is prohibited by persons under the age of 18.
4. It shall be unlawful for a person under the age of 18 to possess
Nicotine Vaporizers or Liquid Nicotine.
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City of Aventura Ordinance No. 2019-02
(c) Signage requirements.
Any retailer or any other establishment that sells Nicotine Vaporizers or
Liquid Nicotine shall post a clear and conspicuous sign where such
products are sold which substantially states the following:
THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA
LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
Failure to post this sign shall be deemed a violation of this section.
(d) Prohibitions and requirements regarding mail order, internet, and remote
sales of Nicotine Vaporizer and Liquid Nicotine.
A person, business, tobacco retailer, or other establishment may not
make a delivery sale of Nicotine Vaporizer and Liquid Nicotine to a minor.
Each person accepting an order for a delivery sale must comply with the
age-verification requirements set forth as follows:
A person may not mail, ship, or otherwise deliver Nicotine Vaporizer and
Liquid Nicotine in connection with an order for a delivery sale unless,
before the delivery to the consumer, the person accepting the order for
1 the delivery sale, obtains from the individual submitting the order a
certification that includes:
1 . reliable confirmation that the individual is over the age of 18; and
2. makes a good faith effort to verify the information contained in the
certification provided by the individual against a commercially
available database that may be reasonably relied upon for
accurate age information; and
3. obtains a photocopy or other image of a valid government-issued
identification card stating the date of birth or age of the individual.
(e) Penalties.
1. A violation of subsections (b)(1), (b)(2) or (d) by an individual 18
years of age or older, or a violation of subsections (b)(3) and (c)
shall be punished as provided in Section 1-14 of the City's Code.
This section shall also be subject to enforcement under chapter 2,
section 2-331 , et seq. of the City's Code as may be amended.
2. Enhanced penalty. The following enhanced penalty shall be
imposed, in addition to any mandatory penalty set forth in
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City of Aventura Ordinance No. 2019-02
subsection (e)(1) above, for violations of subsections (b)(1)-(3), (c),
and (d):
a. For a first violation, the City Manager or his or her designee
may suspend the business tax receipt of the violator, for a
period not to exceed six months.
b. For a second or subsequent violation within a 12-month
period, the City Manager or his or her designee may revoke
the business tax receipt of the violator.
3. A violation of subsections (b)(1), (b)(2), (b)(4) or (d) by a minor
shall be punished as a non-criminal violation as follows:
a. For a first violation, 16 hours of community service or,
instead of community service, a $25 fine. In addition, the
person must attend a school-approved anti-tobacco
program, if locally available;
b. For a second violation within 12 weeks of the first violation,
a $25 fine; or
c. For a third or subsequent violation within 12 weeks of the
first violation, the court must direct the Department of
Highway Safety and Motor Vehicles to withhold issuance of
or suspend or revoke the person's driver's license or driving
privilege, as provided in Section 322.056, Fla. Stat.
d. Any second or subsequent violation not within the 12-week
time period after the first violation is punishable as provided
for a first violation.
e. Any person under 18 years of age cited for committing a
noncriminal violation under this section must sign and
accept a civil citation indicating a promise to appear before
the county court or comply with the requirement for paying
the fine and must attend a school-approved anti-tobacco
program, if locally available. If a fine is assessed for a
violation of this section, the fine must be paid within 30 days
after the date of the citation or, if a court, appearance is
mandatory, within 30 days after the date of the hearing.
f. A person charged with a noncriminal violation under this
section must appear before the county court or comply with
the requirement for paying the fine. The court, after a
hearing, shall make a determination as to whether the
noncriminal violation was committed. If the court finds the
violation was committed, it shall impose an appropriate
penalty as specified within subsection (e)(3).
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City of Aventura Ordinance No. 2019-02
Sec. 1-19. Use of Nicotine Vaporizers and Liquid Nicotine Prohibited Near City
Parks and Public Schools; Signage Requirements; Additional Restrictions;
Penalties.
(1) It shall be unlawful for any person to use Nicotine Vaporizers and Liquid
Nicotine in, on, or within 1 ,000 feet of the real property comprising a City park.
This section does not apply to any person occupying a moving vehicle or
within a private residence.
(2) It shall be unlawful for any person to use Nicotine Vaporizers and Liquid
Nicotine in, on, or within 1 ,000 feet of the real property comprising a public
school. This section does not apply to any person occupying a moving vehicle
or within a private residence.
(3) The City shall conspicuously post signs at City parks and public schools
where the use of Nicotine Vaporizers and Liquid Nicotine is prohibited, which
substantially states the following:
NO VAPOR SMOKING
NO E-CIGARETTES.
(4) It shall be unlawful to use Nicotine Vaporizers and Liquid Nicotine in, on, or
within properties where smoking is prohibited under the Florida Clean Indoor
Air Act, Section 386.201 et seq., Florida Statutes. This section shall be
subject to enforcement under Section 1-14 and Chapter 2, Section 2-331, et
seq. of the City Code as may be amended.
Section 3. Implementation. That the City Manager is hereby authorized to
do all things necessary to carry out the aims of this Ordinance, including creating a
public education campaign to inform the City's residents, merchants, and visitors about
Nicotine Vaporizers and Liquid Nicotine, the harmful effects associated with its use, and
new laws regulating the sale, possession and use of Nicotine Vaporizers and Liquid
Nicotine.
Section 4. Repeal. That all sections or parts of sections of the Code of
Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all
resolutions or parts of resolutions in conflict herewith, be and the same are hereby
repealed to the extent of such conflict.
Section 5. Severability. That the provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional such decision shall not affect the
validity of the remaining sections, sentences, clauses and phrases of this Ordinance,
but they shall remain in effect it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
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City of Aventura Ordinance No. 2019-02
Section 6. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
Section 7. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Dr. Marks and upon
being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on second reading. This motion was seconded by Commissioner Mezrahi and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
PASSED on first reading on this 7th day of February, 2019.
PASSED AND ADOPTED on second reading on this 12th day of March, 2019.
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City of Aventura Ordinance No. 2019-02
ENID WEISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVAT C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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