[HISTORY: Adopted by the City Council of the City of El Paso
2001 by Ord. No. 763 (Ch. 8.28 of
the 1979 Code); amended in its entirety 2-1-2021 by Ord. No. 1038. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any device that employs a battery or other mechanism to heat
a solution or substance to produce a vapor or aerosol intended for
inhalation;
Any cartridge or container of a solution or substance intended
to be used with or in the device or to refill the device; or
Any solution or substance, whether or not it contains nicotine
intended for use in the device.
"Electronic cigarette" includes any electronic nicotine delivery
system or any such device, whether manufactured, distributed, marketed,
or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah, or under any
other product name or descriptor. The term "electronic cigarette"
does not include cigarettes and tobacco products as defined in Section
10-5 of the Tobacco Products Tax Act of 1995; any product approved
by the United States Food and Drug Administration for sale as a tobacco
cessation product, as a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that approved
purpose; any asthma inhaler prescribed by a physician for that condition
and is being marketed and sold solely for that approved purpose; or
any therapeutic product approved for use under the Compassionate Use
of Medical Cannabis Pilot Program Act.
The open display or storage of tobacco products in a manner
that is physically accessible in any way to a member of the general
public without a direct person-to-person transfer involving a retail
tobacco dealer or his agent. A vending machine is a form of self-service
display.
Either:
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from tobacco, which product is intended
to enable human consumption of the tobacco or nicotine, whether chewed,
smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested
by any other means. "Tobacco product" includes any component, part,
or accessory of a tobacco product, whether or not sold separately.
For purposes of this chapter, the term "tobacco product" excludes
any product that has been specifically approved by the United States
Food and Drug Administration for sale as a tobacco cessation product
or for other medical purposes, where such product is marketed and
sold solely for such an approved purpose, or any therapeutic product
approved for use under the Compassionate Use of Medical Cannabis Pilot
Program Act.
It shall be unlawful for any person under the age of 21 years
of age to possess cigarettes, cigars, chewing tobacco, snuff, or any
other tobacco product, or electronic cigarette within City limits.
No person shall engage in the business of self-service display as defined in § 275-1.
A.Â
In accordance
with the State of Illinois, the following places are prohibited from
use of smoking or electronic cigarettes: bars and restaurants, shopping
malls, recreational facilities, including sports arenas and stadiums,
swimming pools, ice and roller rinks, arcades and bowling alleys,
concert halls, auditoriums, convention facilities, government buildings
and vehicles, public transportation facilities, coin laundries, meeting
rooms, private clubs, public restrooms, and lobbies, reception areas,
hallways and other common-use areas in public buildings, apartment
buildings and condominium buildings.
B.Â
In addition
to the prohibition of smoking within the above areas, smoking is also
prohibited within 15 feet of the entrance of these establishments.
Smoking or electronic cigarettes shall be permitted within private
residences (except residences that are used as day-care facilities
or any other business to which the public is invited), some hotel
and motel sleeping rooms, retail tobacco stores and vape stops.
Any property owner or manager of buildings and other spaces
not listed within this chapter may declare his/her buildings and other
spaces to be smoke-free and such owners and managers are encouraged
to do so.
Any person who shall violate any of the provisions of this chapter shall be subject to a fine of $100 or shall perform 10 hours of some reasonable public service work, such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities. This penalty shall be in place notwithstanding the general penalty provisions of § 1-25 of the El Paso Municipal Code.
