[Adopted 2-25-2019 by Ord. No. 01-19]
A.
Purpose.
This section is adopted for the purpose of protecting the public health,
safety, comfort and general welfare of the people of the City of Prescott.
B.
Definition.
For the purposes of this section, the term "vaping device product"
means any noncombustible product, that may or may not contain nicotine,
that employs a mechanical heating element, battery, electronic circuit,
or other mechanism, regardless of shape or size, that can be used
to produce a vapor in a solution or other form including but not limited
to an electronic cigarette, electronic cigarillo, electronic pipe,
vaporizers, or similar products or devices. "Vaping device product"
shall include any vapor cartridge, solution or other container, that
may or may not contain nicotine, that is intended to be used with
an electric cigarette, electronic cigar, electronic cigarillo, electronic
pipe, vaporizers, or similar products or devices. "Vaping device product"
does not include any products regulated by the United States Food
and Drug Administration under Chapter V of the Food, Drug and Cosmetic
Act.
C.
Possession.
No person under the age of 18 years may possess electronic nicotine
delivery systems (ENDS) or any of their components or parts. Components
or parts of ENDS include e-liquids, cartridges, atomizers, cartomizers
and clearomizers, tank systems, drip tips, and flavoring for ENDS.
ENDS include what are commonly referred to as vapes, vaporizers, vape
pens, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, and
epipes, which produce an e-liquid which may contain nicotine
as well as other compositions. ENDS includes, but is not limited to,
ENDS and their components and parts regulated by the Federal Drug
Administration, under rules set forth in the Federal Register, 81
FR 28973.
