ORD 15-32ver
Ordinance 15 -
eg is to be removed
Underlines to be added
An Ordinance Amending Chapter 26, Regulating the Use of Electronic Delivery
Devices Where Smoking is Prohibited by the Minnesota Clean Indoor Air Act of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 26-31, Definitions of the City of Elk River Code of Ordinances shall be
amended to add the following:
Use. The inhaling or exhaling of aerosol or vapor from any electronic delivery device. Use shall also
mean being in possession of an electronic delivE-a device that is turned on or otherwise activated.
SECTION 2. That § 26-32, Purpose of article of the City of Elk River Code of Ordinances shall
be amended to add the following:
Because the city recognizes that many persons under the age of 18 years purchase or otherwise
obtain, possess, and use tobacco, tobacco products, tobacco -related devices, nicotine, and electronic
delivery devices, and that such sales, possession, and use are violations of both state and federal
laws, and because studies, which are hereby accepted and adopted, have shown that most smokers
begin smoking before they have reached the age of 18 years and that those persons who reach the
age of 18 years without having started smoking are significantly less likely to begin smoking, and
because smoking has been shown to be the cause of several serious health problems which
subsequently place a financial burden on all levels of government, this article shall be intended to
regulate the sale, possession, and use of tobacco, tobacco products, tobacco -related devices,
nicotine, or electronic delivery devices for the purpose of enforcing existing laws, to protect minors
against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco -
related devices, nicotine, or electronic delivery devices and to prevent young people from starting to
smoke as stated in Minn. Stats. 5 144.391.
UnregWated electronic dehyM devices conimojA referred to as electronic 6wettes, or e-
ci arettes closely resemble and u osefi9 mimic the act of smoking by having users inhale
vaporized liquid nicotine or other substances created by heat through an electronic jgWtions stem.
After testing a number of e -cigarettes from two leading manufacturers, the Food and Drug
Administration (FDA) determined that various samples tested contained not only nicotine but also
detectable levels of known, carcinogens and toxic chemicals, including tobacco -specific nitrosamines
and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that
quality control processes used to manufacture these products are inconsistent or non-existent.
C'Summary of results: Laboratory analysis of electronic cigarettes conducted by FDA, "Food and
Drug Administration (FDA), July 22, 2009;
bM?://www.fda.p,ov/NewsEvents/PubhcHealthFocus/ucml73146.hqW
Last Updated March 2014
ro■EIEI Ir
NATURE -1
Strikethfe ughs to be removed
Underlines to be added
E-6gagettes produce a va or of undetermined and VotentiaUy harmful substances which may appear
similar to smoke emitted b traditional tobacco roducts. Their use in work laces and public laces
where smoking of traditional tobacco 12roducts is prohibited creates concern and confusion and
leads to difficulties in enforcing the smoking prohibitions.
SECTION 3. That § 2642, Prohibition of the City of Elk River Code of Ordinances shall be
added as follows:
The use of any electronic delivegy device is prohibited an here smoking is prohibited by the
Minnesota Clean Indoor AcL as it way be amended from tune to tune.
SECTION 4. That §26-43, Other Applicable Laws of the City of Elk River Code of Ordinances
shall be added as follows:
This ordinance is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statutes
sections 144.411 to 144.417 as it mgy be amended from time to drae. Nothing in this ordinance
authorizes smoking or the use of an electronic delivery device in any location that is re aced b
other applicable laws or re tions.
SECTION 5 That 526-73 Penalty of the City of Elk River Code of Ordinances shall be amended
to add the following:
(c) Other offenses
Use Wlbere Prohibited. It is a violation of this ordinance for any person to use an
electronic delivery device in an area where prohibited by this ordinance, or to use an
electronic delivery device in an area where prohibited by a private pohcy_established
by the proprietor or other person in charge of the area.
441 Proprietors. It is a violation of this ordinance for the proptietor, person, or ent4 that
owns leases manages, operates, or otherwise controls the use of an area in which
the use of an electronic deEvgU device is prohibited under this ordinance to
knowingly fail to comply with the provisions of this ordinance.
SECTION G. That this ordinance shall take effect 60 days after publication.
Passed and adopted by the City Council of the City of Elk' er this th day of October, 2015.
hn Dietz ayor
ATTEST•
� e
Tina Allard, City Clerk
Last Updated Marcb 2014
IpIIERII IV
NATURE
AFFIDAVIT OF PUBLECKHON
STATE OF MINNESOTA } ss
COUNTY OF SHERBURNL
Charlene Vold being duty sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of-
WRIGHT
FWRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/24/2015 and the last
insertion being on 10/24/2015.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:Y t.
—S
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/24/2015 by Charlene Vold.
�O�L
Notary Public
'4v'vv vvr rrV YVWv'��
DARLENE MARIE MACPHERSON,
.' )votary Public -Minnesota
y� My Commission Expires Jan 31, 2019
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Ad ID 465040
CITY OF ELK RIVER
ORDINANCE 15 - 32
AN ORDINANCE AMENDING
CHAPTER 26, REGULATING THE
USE OF ELECTRONIC DELIVERY
DEVICES WHERE SMOKING
IS PROHIBITED BY THE
MINNESOTA CLEAN INDOOR
AIR ACT OF THE CITY OF ELK
RIVER, MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 26-31, Defi-
nitions of the City of Elk River Code
of Ordinances shall be amended to
add the following:
U5 -e. The inhaling or exhaling
of aerosol or vapor from any elec-
tronic delivery device Use shall
also mean being in possession of
an electronic delivery device that is
turned on or otherwise activated
SECTION 2. That § 26-32, Pur-
pose of article of the City of Elk
River Code of Ordinances shall be
amended to add the following:
Because the city recognizes
that many persons under the age
of 18 years purchase or otherwise
obtain, possess, and use tobacco,
tobacco products, tobacco -related
devices, nicotine, and electronic
delivery devices, and that such
sales, possession, and use are
violations of both state and fed-
eral laws, and because studies,
which are hereby accepted and
adopted, have shown that most
smokers begin smoking before
they have reached the age of 18
years and that those persons who
reach the age of 18 years without
having started smoking are signifi-
cantly less likely to begin smoking,
and because smoking has been
shown to be the cause of several
serious health problems which sub-
sequently place a financial burden
on all levels of government, this
article shall be intended to regu-
[ate the sale, possession, and use
of tobacco, tobacco products,
tobacco -related devices, nicotine,
or electronic delivery devices for
the purpose of enforcing existing
laws, to protect minors against
the serious effects associated with
the illegal use of tobacco, tobacco
products, tobacco -related devices,
nicotine, or electronic delivery de-
vices and to prevent young people
from starting to smoke as stated in
Minn. Stats. § 144.391.
)Unregulated electronic delivery
osviges. commonly referred to as
electronic cigarettes or a -ciga-
rettes. closely resemble and_pur-
posefully mimic the act of smoking
by having users inhale vaporized
liquid nicotine or other substances
created by heat through an elec-
tronic ignition system. After testing
a number of e -cigarettes from two.
leading manufacturers. the Food
and Drug Administration (FDA)
determin2d. that various samples
tested contained not only nicotine
D-ut,also detectable levels of known
carcinogens and toxic chemicals _
including tobacco -specific nitrosa-
mines and diethylene glycol, a toxic
chemical used in antifreeze. The
FDA' Jmincr also suggested that
quality control processes used to
manufacture these products are in-
consistent or non-existent, ("Sum -
of results: bv to anal sis
of electronic cigarettes conducted
W FD "Food and ru A i 's-
trationlFD&July 22 2008 httpJ/
www.fda.goy/NowsEvents/Publ'
cHeaIthFocus/ucm173146.htm1
E&
igarettes produce a vapor
ot-- redetermined and—Dote
ntiallx
harmful substances, which may
aonear similar to smoke emitted
by traditional tobacco products.
Their use in workp aces and public
placeswhere smoking of traditional
tobacco products is prohibited ore-
ates concern and confusion and
leads to difficulties iri enforoingthe
smoking prohibitions.
SECTION 3. That § 26-42, Prohi-
bition of the City of Elk River Code
of Ordinances shall be added as
follows:
The use of any electronic deliv-
device is prohibited anywhere
smoking is prohibited by the Min-
nesota Clean Indoor Act as it may
be amended from time to time.
SECTION 4. That §26-43, Other
Applicable Laws of the City of Elk
River Code of Ordinances shall be
added as follows:
This ordinance is intended to
ggmmlement the Minnesota Clean
Indoor Air Act. Minnesota Stat-
utes sections 144.411 to 144.417.
as it may be amended from time
to time. Nothing in this. ordinance
authorizes smoking or the use of
an electronic delivery device in any
location that is regulated by other
applicable laws or regulations.
SECTION 5, That §26-73 Pen-
alty of the City of Elk River Code
of Ordinances shall be amended to
add the following:
(c) Other offenses
(3) Use Where Prohibiled It is a
i p ation of this ordinance for any
person to use an electronic dellyery
device in an area where prohib-
Oted by this ord'mance. of to use an
electronic delivery device irr an area
where prohibit
ed by a private poli-
cy established by the propdetor or
other person in charge of the area
(41 proprietors. It is a violation
of tis ordinance for the proepri-
etor persgn or entity that owns
leases. manages, operates, or oth-
erwise controls the use of an area
in which the use of an electronic
delivery device is prohibited under
this ordinance to knowingly fail to
comply with the provisions of this
ordinance.
SECTION 6. That this ordinance
shall take effect 60 days after pub-
lication.
Passed and adopted by the City
Council of the City of Elk River this
19th day of October, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
October 24, 2015
465040