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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.”