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Home My WebLink About1996 Ordinance No. 021\ .,. • • • ORDINANCE NO;!J_ SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO . 25 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE PROHIBITING THE POSSESSION OF TOBACCO PRODUCTS BY MINORS IN THE CITY OF ENGLEWOOD, COLORADO BY AMENDING TITLE 7, CHAPTER 6E, OF THE ENGLEWOOD MUNICIPAL CODE WITH THE ADDITION OF A NEW SECTION 8, ENTITLED ILLEGAL POSSESSION OR CONSUMPTIO OF TOBACCO PRODUCT:S BY AN UNDERAGE PERSON WHEREAS, it is currently a criminal violation to sell tobacco products to any person under eigh1.een yea=s of age in the City of Englewood; and WHEREAS, children are finding it easier than ever to buy cigarettes or obtain tobacco product.; and WHEREAS, Philip Morris , a well known tobacco com pany, bas taken the p<,siHon that "Minors ahould not smoke. Period .• It has also stated that th e re ar c man ; activities that society dictates should be reserved for adul ts a nd smoking is one of them; and WHEREAS , Consumer Repo u.s notes thot teenagera form th e "primary source• of new smokers in the U.S ., equaling the number of adults who give up smoking -or die from it •· each year; and WHEREAS, the U .S . Center for Disea,e Control an .: Prevention indicates that nearly every smoker began as a teenager. For a grou~ ,f people in their 30's who bad been daily smokers at some point -or still were -15% started nt age 11 or under, 21 % started at age 12 or 13, 2~% at age 14 or 15. and 19% at age 16 or 17; and WHEREAS , tobacco products have been found to be hazardous to individuals" health; and WHEREAS, the City Council of the City of Englewood, Colorado finds it in the best interest of the health, safety and welfare of the citizer.s to prohibit the possession of tobacco products by minors in the City of Englewood; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL EWOOD, COLORADO , AS FOLLOWS: Si:!:ti.im...l . The City Council of the City of Englewood, Colorado hereby apr,roves amending Title 7, Cha pter GE , of the Englewood Municipal Code with the addition of a new Secti on 8 which shall read as foll ows: -1 - 7-GE-8: ILUlGAL POSSESSION OR CONSUMPl1ON OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON: A. DEFINITION: FOR THE PURPOSE OF THIS SECTION THE FOLLOWING DEFINITION SHALL APPLY IDILESS THE CONTEXT OTHERWISE REQUIRES: TOBACCO PRODUCTS MEANS CIGARETTES, CIGARS, CHEROOTS, STOGIES, PERIQUES , GRANULATED , PLUG CUT, CR IMP CUT, READY RUBB ED AND OTHER SMOKTKG TOBACCOS, SNUFF, SNUFF FLOUR, CAVE NDISH, PLUG AND TWIST TOBACCO , FINE-CUT AND OTHER CHEWING TOBACCOS, SHORTS, REFUSE SCRAPS, CLIPPINGS, CUTTINGS AND SWEEPINGS OF TOBAC CO AND OTHER KINDS AND FORMS OF TOBACCO , PREPARED IN SUCH MANNER AS TO BE SUITABLE FOR CHEWI NG OR FOR SMOKING IN A PIPE OR OTHERWISE, OR BOTH FOR CHEWING AND SM OKING . B . L ANY PER.sON UNDER EIGHTEEN (18 ) YEARS OF AGE WHu POSSESSES OR CONSUMES TOBACCO PRODUCTS COMMITS THE ENGLEWOOD MUNICIPAL OFFENSE OF ILLEGAL POSSESSION OR CONSUMPTION OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON . ILLEGAL POSSESSION OR ,;oNSUMPTION OF TOBACCO PRODUCTS BY AN UNDER 1,0E PERSON IS A STRICT LIABILITY OFFENSE. 2. ILLEGAL POSSESSION OR CON S UMP':'ION OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS ($100.00 ) THE COURT, UPON SENTENCING A DEFENDANT PURSUANT TO THIS PARAGRAPH. MAY IN ADDITION TO ANY FINE. ORDER THAT THE DEFENDANT ?ERFORM UP T O TWENTY-FO UR (2 4 ) HOURS OF USEFUL PUBLIC SERVICE. C. THE POSS ESSION OR CONSUMPTION OF TOB ACCO PR ODUCTS SHALL NOT CONSTITUTE A VIOLATI ON OF THIS SECTION IF SUCH POSSESSION OR CONSUMPTION TAKES PLACE FOR RELIGIOUS PURPOSES PROTECTED BY THE FIRST AMENDME NT TO THE UNITED STATES CON STITUTION . -2 - ' -•· • • • • • • D. DURTN G ANY TRIAL FOR A VIOLATION OF PARAGRAPH B OF TIUS SEC'l!ON, ANY TOBACCO PRODUCT PACKAGE, BO OR CONTAINER WITH Ll\llELING INDICATING THE CONTENTS OF SUCH PACKAGE , BvX OR CONTAINER SHALL BE ADMISSIBLE INTO EVIDENCE AND SHALL NOT CONHTITUTE HEARSAY. A JURY OR A JUDGE, WlilCHEVER IS APPROPRL\TE, MAY CONSIDER THE INFORMATION UPON SUCH LABEL IN DETERMINING WHETHE l THE CONTENTS OF THE PACKAGE , BOX OR CON'I'AINER WERE COMP SEO IN WHOLE OR IN PART OF TOBACCO P RO DUCTS. ~ Safety C)auors. Th e City Coun cil hereby find s, de te rmines, and declo.res thnt thia Ordinance ia promulgated und e.r the ge ne ral police power of the City of Englewood, that it is promulgated for the health . safety, and welfare of the public, and that thi s Ordinance is neces!lary for the pre serv ation of health and safety and for the protection of publi c co nve ni e nce and welfare. Th e City Council further dete rmines that the Ordinance bears a ratio11o l relation to the proper legislative objoet sou ght to be obtained . ~ Severobilitv If any clause, sentence. poragrapb , or part of this Ordinance or the application thereof to any person or circum stanc es sh all fo r any reason be adjudged by a court of compete;,! jurisdiction invali d, s uch judgment s hall not affect impair or inval iJ ate the remaindc.r of this Ordin ance or its application to othe r pe raoru or ci rcum stances. ~ 00,sinteot Ordi nan rns A.II other Ordi1 an ces or portions thereof inconsistent or confli:ting with this Ordinance or any po rtion hereof are here by repe aled to the ertent of such inconsistency or con.flit'"~ ~. Effect of repe1 1 or modific atio n The n.:p ·al or modification of any provision of the Code of the City of Englewood by this Ord in a nce sha ll not r ele•"'• extingu is h , alter, modify .Jr change in who le or in part any penalty, forfeihne or liability, C!ither civil or cri minal , which shall have been in curred und er ~uch provision, ::t..nd each provi sion shall be tres.ted and h eld as sti!l remaining in fo rce fo r the fiurposes of s ustaining any and all proper actions, SUi ':l , pr or.eedi ngs , a!"l.d prosecutions for the enfo rce ment of the penalty, forfeiture or li abil ity. as well as fo r the purpose of sustaining any judgm ent , decree or order which cnn or may be rendered, e ntered or made in such ac ti ons, suits, procee djn gs or prosecutions . In trnd uced, read in full , and passed on first reading on the 6th day of May, 1996 . Published as a Bill fo r an Ordinance on the 9th day of May , 1996. Read by title anc! passed on final reading on the 20th day of May , 1996 . . 3. Published by title as Ordinance No.;/, Seri .. of 1996, on the 23rd day of May, 1996. ATfF,t) au~J a Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis. City Clerk of the Cit)i of Englewood, Colorado , here by certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title BS Ordinance No . 2/.., Series of 1996. ~t/,(4. Loucri shia A. Ellis -4- • • • • • COUNCIL COMMUNICATION Date May 6 , 1996 Agendll Item Jl a V Subject Bill for an Ordinance adding a new Section 8 to Title 7, Chapter 6E , of the City of Englewood Municipal Code INITIATED BY Safety Services I STAFF SOURCE Director A. F. Stanley Div . Chief R. E. Moore COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considers the health , welfare and safety to be of prime importance to the citizens of Englewood . To that end , Council has discussed the impact of tobacco on its citizens , especially minors , at previous study sessions . In response to Council's concerns , staff researched and wrote an ordinance prohibiting the possession of tobacco products by minors . RECOMMENDED ACTION Council approval of the ordinance adding a new Section 8 to Title 7 , Chapter 6E , of the Englewood Municipal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council discussed underage smoking at the February 5 , 1996 , and April 15, 1996, study sessions . Furthermore, on February 12 , 1996 , Council held a joint study session with the Englewood School Board . The primary topic of discussion was underage smoking, particularly as an issue and problem around Englewood High School . Staff was directed to proceed with its research and drafting of an ordinance addressing underage smoking . Nothing in state law, i.e ., 18-13-121 CRS , or in the proposed amendmen ts to 18-13-121, prevents the City of Englewood from imposing more stringent requirements than those provided by state law for possession of tobacco products by minors . The proposed ordinance adds s,,ction 8 to Title 7, Chapter 6E : and in corporates language which defines and specifies illegal possession or consumption of tobacco products by an underage person . This ordinance stands on it own, and dO<tS not depend upon passage of any proposed "tobacco dealer licensing" ordinance , any proposed changes in the tobacco vending machine licensing ordir.ance, or the passage or lack of passage of any currently proposed state law rela tive to these issues. FINANCIAL IMPACT The ordinance contains a provision for a fine of not more than $100 for a violation of illegal possession or consumption of tobacco products by an underage person . A potential ex ists for revenue from such fines ; an accurate projection of such revenues cannot be made at this time . Furthermore, there will be additional personnel and processing costs associated with enforcement. LIST OF ATTACHMENTS Copy of a bil l for an ordinance . •· • •