File #: O-2016-0011    Version:
Type: Ordinance Status: Passed
File created: 2/2/2016 In control: License and Health Committee (INACTIVE)
On agenda: 7/5/2016 Final action: 8/2/2016
Title: Ordinance to Create Section 9.36 of the West Allis Revised Municipal Code Relating to Electronic Smoking Device Sales.
Sponsors: Rosalie L. Reinke
Attachments: 1. New CDC Study Calls to Poison Centers, 2. E-Cigarette Use Among Middle & High School Students, 3. Smokers use E-Cigarettes to get high, 4. Undercover-Dangerous synthetic drugs sold to teens, 5. Police Warn New Way to Use Drugs Plain Sight, 6. Vaping Latest Scourge in Drug Abuse, 7. E-Cigarettes in the Indoor Environment (A), 8. Harmful Chemicals Electronic Cigarettes (A), 9. WMA Statement E-Cigarettes & Other Electronic Nicotine Delivery Systems (A), 10. E-Cigarettes-An Overview (A), 11. Flavoring Chemicals in E-Cigarettes (A), 12. State Health Officer's Report on E-Cigarettes (A), 13. E-Cigarettes Threaten Public Health Advances-Article (A), 14. E-Cigs Damage DNA in Lab Study-Article (A), 15. Summary Results-Lab Analysis E-Cigarettes Conducted by FDA (A), 16. E-Cigarettes & Smoke-free Laws (A), 17. Use E-Cigarettes Impairs Indoor Air Quality (A), 18. Assoc Mortality Long-Term Exposures Fine & Ultrafine Particles, Species & Sources (A), 19. E-Cigarette Factsheet_ A Growing Concern, 20. ATTO-Create Sec 9 36 E Smoke Sales Update 6-7-16 Mark Up, 21. Vaporizers E-Cig & ENDS, 22. Retailer Overview of FDA, 23. ATTO-Create Sec 9 36 E Smoke Sales Update July 5, 24. Signed Ordinance, 25. Affidavit
Related files: O-2016-0002
Title
Ordinance to Create Section 9.36 of the West Allis Revised Municipal Code Relating to Electronic Smoking Device Sales.

Body
The Common Council of the City of West Allis do ordain as follows:

PART I. Section 9.36 of the Revised Municipal Code of the City of West Allis is hereby created to read as follows:

9.36 ELECTRONIC SMOKING DEVICE SALES.

(1) Findings. The Common Council of the City of West Allis finds that:

(a) Electronic smoking devices are battery operated devices designed to deliver nicotine, flavor, and/or other substances through a vapor inhaled by the user; and

(b) The use of electronic smoking devices has increased significantly in recent years, as evidenced by the fact that:

1. Between 2011 and 2015, e-cigarette use rose from 1.5 percent to 16.0 percent among high school students and from 0.6 percent to 5.3 percent among middle school students;

2. In 2013-14, 81 percent of current youth e-cigarette users cited the availability of appealing flavors as the primary reason for use;

3. In 2015, more than three (3) million middle and high school students were current users of e-cigarettes, and e-cigarettes were the most commonly used tobacco products among youth;

4. 9.3 percent of youth who have used electronic smoking devices have never smoked conventional cigarettes;

5. Between 2010 and 2011, rates of both awareness and use of unregulated electronic smoking devices by adults also increased significantly; and

(c) Some cartridges used by electronic smoking devices can be re-filled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine. As a result:

1. Poisonings from electronic smoking devices have increased dramatically in the past five (5) years from once a month in September 2010 to 215 a month in February 2014.

2. Analysis of reports of poisonings from electronic smoking devices finds that calls reporting exposure to electronic smoking devices are much m...

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