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04
City of Pleasanton
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12/3/2019 12:20:49 PM
Creation date
11/18/2019 10:22:57 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/21/2019
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ORDINANCE NO. <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />ADDING A NEW MUNICIPAL CODE CHAPTER 9.33 TO PROHIBIT THE SALE <br />OF ELECTRONIC CIGARETTES AND OTHER ELECTRONIC SMOKING <br />DEVICES AND PARAPHERNALIA <br />WHEREAS, the Alameda County Public Health Department (ACPH) on August 27, <br />2019 advised that 1 in 4 teens (25%) have used electronic cigarettes (e -cigarettes), while in <br />contrast, only 1 in 20 (5%) had tried combustible cigarettes; and <br />WHEREAS, ACPH further stated that despite laws prohibiting the sale of tobacco <br />products to those under 21 years of age, more than two-thirds (68.9%) of Alameda County high <br />school students who purchased e -cigarettes reported buying them from the store themselves <br />or from someone else, with only 6.5% buying these products on-line; and <br />WHEREAS, ACPH provided information that showed that e -cigarettes are now the most <br />popular tobacco product among youth; and <br />WHEREAS, the federal Centers for Disease Control and Prevention (CDC) has found <br />that: 99% of e -cigarettes sold in studied sites contain nicotine; nicotine can harm the developing <br />adolescent brain; and using nicotine in adolescence may increase risk for future addition to <br />other drugs; and <br />WHEREAS, the annual National Youth Tobacco Survey released in November 2019 by <br />the federal Food and Drug Administration and CDC reported that more than 5 million young <br />people reported using e -cigarettes in 2019, up from 3.8 million in 2018, with nearly 1 million <br />reporting vaping daily, and 1.6 million reporting vaping 20 or more times a month; and more <br />than 27% of high schoolers and 10.5% of middle school students using e -cigarettes in 2019; <br />and <br />WHEREAS, the Youth <br />recommended that <br />21, 2019 recommended <br />December 4, 2019 recommended <br />Commission, at its meeting on November 13, 2019, <br />the Economic Vitality Committee at its meeting on November <br />Human Services Commission at its meeting on <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES <br />HEREBY ORDAIN AS FOLLOWS: <br />Section 1. Finds that the amendment to the Municipal Code has no possibility to have <br />a significant effect on the environment per Title 14 California Code of Regulations <br />§15061(b)(3). <br />Section 2. Adds Municipal Code Chapter 9.33 Prohibition on the Sale of Electronic <br />Cigarettes and Other Electronic Smoking Devices as shown in the attached Exhibit A. <br />
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