2018-157 Electronic Cigarette RestrictionsDate: November 2, 2018 Report No. 2018-157
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Information on current laws and policies in the City of Denton which regulate the sale and usage
of electronic cigarettes by individuals.
EXECUTIVE SUMMARY:
On October 16, 2018, the City Council requested information on the City’s Smoking Ordinance
as it relates to electronic cigarettes, also known as “e-cigarettes.” The Denton City Code
prohibits the selling or giving of e-cigarettes to minors and also prohibits the smoking of e-
cigarettes in multiple locations including, but not limited to, any facility of a primary or
secondary school. In addition to the City Code, Denton ISD’s Student Code of Conduct and
Student & Parent Handbook both prohibit the possession of electronic cigarettes or any tobacco
product, by anyone while on school property at any time, or at any location while attending an
off-campus school-related activity.
BACKGROUND:
City’s Smoking Ordinance
Smoking, including e-cigarettes, is addressed in Chapter 14, Article IV of Denton’s City Code of
Ordinances.
Section 14-87(a) states “It is unlawful for any person to smoke or possess a lit tobacco,
weed or other plant product or to smoke an electronic cigarette (e-cigarette) in … (7) any
facility of a primary or secondary school.”
Section 14-86 defines “facility” as “… improvements of a vertical nature, including, but
not limited to, buildings, sheds, garages, and stadium structures and excluding horizontal
improvements such as sidewalks, streets and parking lots.”
Section 14-86 defines “smoking” as “… to inhale, exhale, burn, or carry a lighted cigar,
cigarette, pipe, or other smoking equipment, containing tobacco, weed, or other plant
product or the use of an electronic cigarette or similar device.”
Additionally, Section 14-90.1 makes it unlawful to sell or give e-cigarettes or
paraphernalia to anyone under 18 years of age.
State Statute for School Districts:
The Texas Education Code1 requires school districts to enact at a minimum, the following
prohibitions:
(1) Prohibit smoking or using e-cigarettes or tobacco products at a school-
related or school-sanctioned activity on or off school property;
(2) Prohibit students from possessing e-cigarettes or tobacco products at a
school-related or school-sanctioned activity on or off school property; and
(3) Ensure that school personnel enforce the policies on school property.
1 Texas Education Code Section 38.006
Date: November 2, 2018 Report No. 2018-157
Denton ISD Policy:
In compliance with the state statute setting minimum regulations and in addition to City Code,
Denton ISD also has a policy prohibiting the use or possession of e-cigarettes or tobacco
products which is stated in the Student & Parent Handbook2 which is signed at the beginning of
the school year by both the parent and student. The Student & Parent Handbook states that the
school district and staff will strictly enforce the prohibition. The e-cigarette prohibition is also
include in the Denton ISD Student Code of Conduct.
Denton Police Department’s School Resource Officers notify campus administration when a
student is found using or possessing e-cigarettes. Enforcement action for policy violations are
handled by Denton ISD.
DISCUSSION:
This ISR provides a basic background on current regulations and policies of the City of Denton
and Denton ISD regarding the sale, possession, and usage of e-cigarettes by individuals. This
topic will be included in the November Work Session strategy session with City Council if
further policy discussion or research is requested.
ATTACHMENT(S):
Smoking Ordinance No. 2015-121
STAFF CONTACT:
Sarah Kuechler
Director of Public Affairs
(940) 349-8356
Sarah.Kuechler@cityofdenton.com
2 For the specific provisions see the DISD Student & Parent Handbook section titled “Miscellaneous Student and
Parent Information.”