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ORDINANCE NO. 1669 SERIES 2014 AN ORDINANCE AMENDING CHAPTERS 8.52 AND 8.56 OF THE LOUISVILLE MUNICIPAL CODE TO EXPAND THE CITY'S SMOKING RESTRICTIONS TO INCLUDE ELECTRONIC SMOKING DEVICES WHEREAS, the City Council previously adopted Chapter 8.52 of the Louisville Municipal Code to prohibit smoking in public meetings and Chapter 8.56 to prohibit smoking in public places; and WHEREAS, the use of medical and recreational marijuana by certain persons has been legalized by Article XVIII, §§ 14 and 16 of the Colorado Constitution, but the public use of marijuana remains unlawful; and WHEREAS, the use of electronic smoking devices, including e- cigarettes, e- cigars, e- cigarillos and e- pipes, has proliferated in recent years; and WHEREAS, electronic smoking devices are often made to look like conventional tobacco products and are designed to be used in the same manner as conventional tobacco products with the user exhaling a smoke -like vapor similar in appearance to the exhaled smoke from cigarettes; and WHEREAS, electronic smoking devices have not been approved by the Food and Drug Administration ( "FDA ") for smoking cessation; and WHEREAS, the safety and efficacy of electronic smoking devices have not been fully researched, but at least one study confirmed that electronic smoking devices that contain nicotine emit nicotine in the released vapor and involuntarily expose nonsmokers to nicotine; and WHEREAS, the use of electronic smoking devices may be visually similar to the smoking of conventional tobacco products, which may create confusion and concern over the enforcement of the City's smoking restrictions; and WHEREAS, the use of electronic smoking devices in places where smoking is prohibited may increase the social acceptability and appeal of smoking, particularly for youths, potentially undermining recent progress in discouraging smoking; and WHEREAS, the City, pursuant to its home rule powers and other laws, including but not limited to, C.R.S. § 25 -14 -207 and C.R.S. § 31- 15- 401(1)(b), has the authority to adopt smoking regulations and to do all acts and make all regulations which may be necessary for the promotion of health or the suppression of disease; and Ordinance No. 1669, Series 2014 Page 1 of 5