Georgetown smoking ban amended to include use of electronic vaping devices

The amended ordinance prohibits smoking EVDs in areas that had previously only prohibited smoking tobacco product. Those areas include public transportation and public places such as those defined by the Texas Penal Code Section 48.01(a), including public schools, elevators, theaters, libraries, museums and hospitals, when they are open to the public.

The code also prohibits smoking in city owned or leased facilities; art galleries and cultural facilities; shopping centers and malls; public meetings; and bingo halls as well as hotel, motels, bars, lounges and restaurants unless otherwise provided in section 8.32.030 A. of the ordinance.

According to the ordinance EVDs are any electronically powered or battery powered device that uses an atomizer or similar device allowing users to inhale nicotine vapor or any other vapor to simulate the smoking of tobacco, cigarettes, pipes or cigars. EVDs include personal vaporizers, electronic cigarettes, electronic pipers, electronic cigars and any other type of electronic nicotine delivery system.

The new ordinance also bans the sale or distribution of EVDs to minors, makes it unlawful for minors to purchase or be in possession of EVDs and prohibits customers from having direct access to devices through a self-service mechanism, City Attorney Bridget Chapman said.

The second reading of the ordinance could be held at the April 8 City Council meeting.

If approved, violating the ordinance would be considered a Class C Misdemeanor punishable with a fine up to $500. However, Chapman said if approved police officers would likely issue warnings until the ordinance is more widely known about.

City Council directed staff to draft the ordinance at the councils March 11 meeting.