Council considers ban on electronic smoking in public places

NEWARK – A dozen years after Ohio banned smoking in virtually all enclosed public places, Newark City Council considers adding similar regulations for electronic smoking.

Council's Safety Committee approved legislation Monday night, and passed it onto the full council, which could approve the legislation next month. Council meets 7 p.m. on Aug. 6 and on Aug. 20.

Jonathan Lang, a Republican representing the Fifth Ward, brought the issue to council after receiving a complaint from a business owner in his ward.

"They're having issues with folks using electronic cigarettes out in front of their store," Lang said. "When the door opens, that gets sucked right in. It was driving off customers. We came to the conclusion we don't have anything on the books, so we felt it was appropriate to align our laws to address electronic vaping.

"It's meant to mirror how our smoking laws are set up. You have to be far enough away so the aerosol you're giving off isn't going into the entrance of that facility."

Previously:Area educators, health officials alarmed by e-cigarette abuse boom

The ordinance, which Law Director Doug Sassen said is similar to the law in Bexley, prohibits smoking from areas adjacent to the entrance/exit to ensure smoke does not enter the enclosed area through doors, windows or ventilation systems.

Councilman Doug Marmie, R-Sixth Ward, asked how it is determined if smoking on the sidewalk in front of a business is a violation.

Health Commissioner Joe Ebel said in some states the law is enforced 20 feet from the entrance, but Ohio does not specify a distance.

"It becomes a judgment call," Ebel said. "Downtown, the sidewalk is public property. The health department can say you can't stand by the entrance and vape."

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Ebel said e-cigarettes can be regulated, even though it is not always known what chemicals are included in the solution, and the Food and Drug Administration does not regulate what chemicals are used.

"It's more unusual to sell something where we don't know what's in it," Ebel said. "We do know there are chemicals in the solution. It's not water vapor. And, the chemicals in it are not necessarily the ones that come out from a heated device."

Preliminary test results show e-cigarettes are a little better than traditional cigarettes, but still not healthy, Ebel said.

"A lot of places just don't have a policy," Ebel said. "The health effects are somewhat similar, in that they're nicotine-delivery systems. You can't do it in a place where other people are exposed to it un-voluntarily."

Like the existing smoking ban, violators would usually receive a warning initially, then a fine, Ebel said.

Sharon Mirra, owner of The Humidor, 267 Deo Drive, said her customers use the electronic cigarette devices to help them quit smoking. She said she's not in favor of the ordinance, but understands why it's been proposed.

“I don’t necessarily agree with it, but you’re not going to change anyone’s perception," Mirra said. "It’s a little bit different than regular cigarette smoking. It doesn’t have the carcinogens. I think there should be smoking areas everywhere. I don’t know if it’s necessary to cut out all of it.”

The Humidor, which has been in business 19 years, can allow traditional and electronic smoking because it's a retail tobacco store.

"If 80 percent of sales from tobacco, you can (smoke inside)," Mirra said. "We have a lounge.”

In general, the ordinance would not regulate the use of e-cigarettes, or vaping, in the following areas: private residences, unless used as a licensed child care or health care facility; hotel and motel rooms rented to guests and designated as smoking rooms; family-owned and operated businesses not open to the public, with all employees related to the owner; retail tobacco stores already in operation; outdoor patios; drug and alcohol rehabilitation facilities.

kmallett@newarkadvocate.com

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Twitter: @kmallett1958