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HomeMy WebLinkAboutbocc.ord.001.2020AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING TITLE 6 SECTION 41 OF THE PITKIN COUNTY CODE TO ESTABLISH A COMPREHENSIVE TOBACCO PROHIBITION I FOR MINORS ORDINANCE NO. 001-2020 RECITALS: 1. Tobacco use remains the most preventable cause of disease, disability and death in Colorado killing more than 5000 Coloradans each year. 2. Cigarettes, tobacco and nicotine products are designed and manufactured to be both enticing and addictive to youth, promoting use leading to dependence and addiction. 3. Approximately 95% of smokers began smoking before the age of 21 and smokers frequently transition from experimentation to addiction between the ages of 18 and 20. 4. Nicotine exposure during childhood and adolescence effects brain development predisposing young people to other addictions as well as disrupting learning, memory development and cognition. 5. Colorado has the highest rate of youth use of electronic cigarettes ("c -cigarettes") in the nation and Pitkin County schools have some of the highest use rates of e -cigarettes and vaping in Colorado. Pitkin County continues to rival the state average for adults who chew tobacco. 6. The estimated state and federal tax burden caused by smoking related illness is over $650 per year, per Colorado household. 7. United States Department of Health and Human Services reports that 5.6 million youth up to age 17 are projected to die prematurely from tobacco related illnesses. 8. The recent deaths associated with the using of e -cigarettes or "vaping" devices highlights the public health threat and danger associated with ingesting tobacco and nicotine and the highly addictive behaviors associated with "vaping" and other means used to metabolize tobacco and nicotine products. 9. 81 % of youth who have ever used a tobacco product report that the first tobacco product was flavored. -11111111=111 11 11 10. Flavored tobacco products promote youth initiation of tobacco use and contribute to young occasional smokers becoming daily smokers by reducing or masking the natural harshness and taste of tobacco smoke and thereby increasing the appeal of tobacco products. 11. Nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in thousands of youth -appealing flavors, such as cotton candy and bubble gum. 12. Tobacco companies know that menthol cools and numbs the throat to reduce throat irritation and make the smoke feel smoother, making menthol cigarettes an appealing option for youth who are initiating tobacco use. 13. Tobacco companies have used flavorings such as mint and wintergreen in smokeless tobacco products as part of a "graduation strategy" to encourage new users to consume tobacco and nicotine products. It is therefore unsurprising that young people are much more likely than adults to use menthol-, candy- and fruit -flavored tobacco products, including not just cigarettes but also cigars, cigarillos, and hookah tobacco. 14. Pitkin County's authority to enact this ordinance is found in the body of Colorado Revised Statutes and in particular C.R.S. §§ 25-14-301; and 30-15-40. 15. The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a new section of the Pitkin County Code being Title 6 Section 41, titled "Prohibition of Possession 'and Purchase of Tobacco and Nicotine Products by Minors and the Sale and Distribution of Tobacco and Nicotine Products to Minors" and authorizes the Chair or the Chair's designee to sign the Ordinance upon the satisfaction of the County Attorney as to form. The contents of this new Code Section shall be in a form substantially similar to Attachment "A" to this Ordinance. INTRODUCED AND FIRST READ ON THE 81h DAY OF JANUARY 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 22ND DAY OF JANUARY 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RE OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF N , 2020. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL �ITKIN COUNTY WEBSITE (www.pitkincountv.com) ON THE q tt- DAY OF (,�, �� 2020. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 22ND DAY OF JANUARY 2020. PUBLISHED BY TITLE AND SHORT SUM ARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 3&0- DAY OF U , 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.nitkincountv.com) ON THE 13-2 DAY OF �, 2020. THIS ORDINANCE AND LEGISLATION SHALL BE EFFECTIVE UPON ADOPTION. ATTEST: r Jean4te Jones Depi$y County C11 APPROVED AS TO FORM: Jo �yC�oAttorney BOARD OF COUNTY COMMISSIONERS By: -.E.— v4z4j, Steven F. Child, Chair Date: 1 2 `7 /.Z -CJ 2-a � r MANAGER APPROVAL --ji' ;. �kk .t64 J -'-�> Jon Peapack, County MNnager ATTACHMENT "A" 6-41 Prohibition of Possession and Purchase of Tobacco and Nicotine Products by Minors and the Sale or Distribution of Tobacco and Nicotine Products to Minors 6-41-010 Legislative Intent and Purposes The BOCC finds that smoking and the use of tobacco and nicotine products is increasing among the youth of Pitkin County. This increase in use among our youth creates and will maintain a significant health threat to the youth of the County and the adult population as today's youth matures. The BOCC finds that this public health threat requires permanent regulation in the form of a prohibition of the possession of tobacco and nicotine products on the part of individuals under 21 years of age and sale of these products to individuals under 21 years of age. 6-41-020 Definitions "Distribute or Distribution" means to furnish, give, provide or to attempt to do so whether gratuitously or for any type of compensation. "Education Counseling" means any education, diversion program or similar program approved by either Pitkin County Public Health or the Colorado Department of Human Services whether completed in person or electronically over the internet. "Electronic Smoking Device" means any product containing or delivering nicotine intended for human consumption that can be used by an individual to simulate smoking in the delivery of nicotine or any other substance, even if marketed as nicotine -free, through inhalation from the product. Electronic Smoking Device includes any refill, cartridge or component part of a product, whether or not marketed or sold separately, e -cigarettes and vaping devices. "Minor" means any individual under the age of 21 years. "Public Health Agency" includes the Pitkin County Board of Health and Pitkin County Public Health Department. "Tobacco and Nicotine Products" means a product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo, pipe or other electronic smoking device. Tobacco and nicotine products do not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medically approved or certified purposes. Undefined terms. Any undefined terms used in this regulation shall have their accepted definitions under Colorado Law. 6-41-030 Prohibited Conduct 6-41-031 Possession of cigarettes, tobacco products or nicotine products by a minor is prohibited. 6-41-032 Sale or distribution of cigarettes, tobacco products or nicotine products to a minor, either personally or through an agent or employee, is prohibited. In the event of a retail sale of cigarettes, tobacco or nicotine products to a minor, liability for violating this prohibition attaches to the sales agent or employee of the retail establishment as well as to the retail establishment's owner or owners and shall constitute multiple violations and culpability for a single sales transaction. 6-41-040 Exceptions and Defenses This regulation does not apply to any product that has been approved by the Food and Drug Administration of the United States Department of Health and Human Services as tobacco or nicotine use cessation product. This regulation does not prohibit an individual under the age of 21 from handling tobacco or nicotine products during the course of lawful employment. 6-41-050 Penalties Violation of any provision of this regulation shall be enforceable by the imposition of a civil penalty and not considered to be, or prosecuted as, a criminal offense. Violation of Section 6-41-032 shall be subject to a civil penalty in an amount of $1000. Enforcement hearings and penalty assessment may be through either the Pitkin County Court or the Pitkin County Hearing Officer. Any law enforcement officer, County code enforcement officer or inspector operating on the authority of the Public Health Agency may enforce this prohibition through the penalty assessment procedure provided in C.R.S. 16-2-201, or its successor, including the levy of a surcharge as provided in C.R.S. 30- 15-402. All fines and surcharges shall be paid to the County and administered by the Public Health Agency for purposes of enforcement of this prohibition, public health programs such as tobacco and substance abuse prevention and mental health programs. 6-41-060 Severabilitv If any section or part of this regulation is held to be invalid, void or of no effect by a court of competent jurisdiction, the remainder of this regulation shall remain in full force and effect. 6-41-070 Compliance and Monitoring Compliance with this regulation shall be monitored and enforced by the Public Health Agency or its designee. In addition, any law enforcement officer or the Pitkin Code Enforcement Officer may enforce the provisions of this regulation. 6-41-071 All retail locations offering for sale tobacco products or nicotine products must be open to inspection by Pitkin County Public Health or other authorized County official during regular business hours. From time to time, Pitkin County Public Health will conduct compliance checks by engaging persons under the minimum legal sales age to enter locations where Tobacco Products and Nicotine products are sold to attempt to purchase these age -restricted products. 6-41-072 Parental or legal guardian written consent is required for any minor to participate in a compliance check. Under -aged individuals participating in compliance checks will be supervised by Pitkin County Public Health or other designated County personnel and will not be guilty of illegal possession or illegal procurement when those items are obtained as a part of the compliance check.