[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 2-6-2017 by Ord. No. 994. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ELECTRONIC CIGARETTE
- Any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. "Electronic cigarette" includes 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 any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.
- SELF-SERVICE DISPLAY
- 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.
- SMOKE or SMOKING
- TOBACCO PRODUCT
- 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. 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.
[Amended 7-1-2019 by Ord. No. 1018]
It shall be unlawful for any person under the age of 21 years of age to possess any tobacco products on public property within the City limits.
No person shall engage in the business of self-service display as defined in § 275-1.
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.
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.
[Added 7-1-2019 by Ord. No. 1018]
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.