STRATEGIC PRIORITY: Environmental & Sustainability
AGENDA DATE: December 11, 2024
COUNCIL DISTRICT(S): All
DEPARTMENT: Office of Environmental Quality & Sustainability
EXECUTIVE: M. Elizabeth Cedillo-Pereira
______________________________________________________________________
SUBJECT
title
Authorize an ordinance amending Chapter 41, “Smoking,” of the Dallas City Code, by amending Sections 41-1, 41-2, and 41-3; (1) providing a definition of electronic smoking device; (2) revising the definition of minor; (3) revising the definition of smoking to include the use of an electronic smoking device; (4) providing additional signage requirements for electronic smoking devices; (5) providing a penalty not to exceed $500.00; (6) providing a saving clause; (7) providing a severability clause; and (8) providing an effective date - Not to exceed $205,775.00 - Estimated Financing: General Fund ($203,660.00) and Aviation Fund ($2,115.00) (subject to annual appropriations)
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BACKGROUND
On May 10, 2023, the Environmental Health Committee of the Environmental Commission presented a memorandum recommending that the Environmental Commission (EVC) support restricting vaping in public spaces within the City of Dallas after determining a correlation between vaping aerosol exposure and negative health effects for vulnerable populations. This was determined after evaluating numerous medical studies and peer reviewed articles.
On November 6, 2023, the EVC’s Environmental Health Committee briefed the Vaping Policy Recommendations to the Parks, Trails, and the Environment (PTE) Committee (Item No. 23-2814).
At the request of the committee, the Office of Environmental Quality and Sustainability (OEQS) staff worked with the City Attorney’s Office to draft an ordinance that would reflect the latest smoking technology and trends into current Dallas City Code. This amendment will change the definition of “smoking” to include the use of an “electronic smoking device”; and defines an “electronic smoking device” to include, but is not limited to, common terms such as “vape”, “e-cigarette”, or “dab rig”. The amendment also updates City smoking signs by stating, “no smoking including all electronic smoking devices.” This amendment closes the regulatory gap by restricting vaping in locations where tobacco smoking is currently prohibited and does not restrict additional locations. The Center for Disease Control states that most electronic smoking devices carry nicotine and, like cigarettes, can contain other harmful substances.
This update maintains the City of Dallas’ commitments towards improving public health and improving environmental quality. As indicated in the Racial Equity Plan, Action Target 2.3, and Progress Measures BSD.1 aim to improve the quality of outdoor and indoor air. Similarly, the Comprehensive Environmental and Climate Action Plan (CECAP)’s Goal Six aims to protect and enhance its ecosystems. Discouraging the use of “electronic smoking devices” and cigarettes can potentially reduce air contaminants and the amount of litter and waste that would negatively impact environments and air quality. Improving the air quality is a benefit to all citizens but has greater benefits for sensitive populations and populations experiencing health and environmental inequities.
The effective date of the ordinance will be on December 11, 2025, to allow additional time for all impacted areas to come into compliance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 22, 2003, the City Council approved an ordinance amending Dallas City Code to introduce a smoking ban for all eating establishments and certain public areas by Ordinance No. 25168.
On November 9, 2016, the City Council approved an ordinance to eliminate smoking on park grounds by Ordinance No. 30258.
On October 23, 2019, Council also approved an ordinance raising the legal age for the distribution, possession, purchase, consumption, and receipt of tobacco products, including cigarettes, from 18 to 21 years of age, in accordance with Texas State law by Ordinance No. 31360.
On May 27, 2020, City Council adopted the Comprehensive Environmental and Climate Action Plan (CECAP) by Resolution No. 20-0688, which coordinates City of Dallas initiatives and partnerships necessary to implement the actions and goals set forth in the CECAP, convenes an Environment and Sustainability Advisory Committee towards implementation of a permanent board or commission, and provides annual reporting on progress towards meeting the goals and measurable targets set forth in the CECAP by Ordinance No. 20-0827.
On August 24, 2022, the City Council authorized the adoption of the Racial Equity Plan by Resolution No. 22-1588, which includes goals, actions, and measures to advance racial equity and inclusion, including big audacious goals to advance environmental justice by Ordinance No. 21-0503.
On May 10, 2023, the EVC Environmental Health Committee presented a memorandum recommending that the EVC support restricting vaping in public spaces within the City of Dallas after determining a correlation between vaping aerosol exposure and negative health effects from vulnerable populations.
On November 6, 2023, the EVC Environmental Health Committee and OEQS briefed the Vaping Policy Recommendations to the PTE Committee (Item No. 23-2814).
On March 4, 2024, the EVC Environmental Health Committee and OEQS briefed the PTE Committee again, where the Committee requested that OEQS and the Environmental Commission recommend an ordinance that includes the update to the “Smoking” definition and an update to signage requirements that includes electronic smoking devices (Item No. 24-746)
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
General Fund |
$143,660.00 |
$60,000.00 |
$0.00 |
|
Aviation Fund |
$ 2,115.00 |
$ 0.00 |
$0.00 |
|
Total |
$145,775.00 |
$60,000.00 |
$0.00 |