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1 Adopt the Smoke-Free Illinois Act to Include Use of E-Cigarettes As CITY OF LOCKPORT COMMITTEE OF THE WHOLE MEETING AGENDA WEDNESDAY, FEBRUARY 19, 2020 7:00 PM CITY HALL, 3RD FLOOR, BOARD ROOM A. PLEDGE OF ALLEGIANCE B. ROLL CALL C. INTRODUCTION OR PROCLAMATION (REQUIRING NO FORMAL ACTION OR APPROVAL) D. LIAISON'S REPORT E. MAYOR'S REPORT F. ITEMS RECOMMENDED TO BE PLACED ON THE AGENDA FOR CONSENT OR ACTION AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING AT-1. Adopt the Smoke-Free Illinois Act to Include Use of E-Cigarettes as Prohibited in Public Places CA-1. Approve Proposed Façade Grant and Site Improvement Program Changes CED-1. Approve Façade Grant Program Request – 1139 E. 9th Street CED-2. Approve Façade & Site Improvement Grant Program Request – 1201-1225 E. 9th Street CED-3. Adopt Ordinance No. 20-001 Replacing Ordinance No. 19-006 Adopting the 2015 International Codes PD-1. Approve Purchase of Wireless Video Download System PD-2. Presentation on Responsible Rental Program PW-1. Adopt STP Grant Application Street Policy 1 1 PW-2. Approve Seeco Consulting Inc. to Provide Professional Services for the 2020 Water Main & Roadway Reconstruction Projects Material Testing PW-3. Approve Bond Release - Lockport Crossings Medical Center Contingent Upon a 12-month Maintenance Guarantee in the Amount of 10% the Original Bond. Suggested Action: Approve Resolution No. 20-020. PW-4. Approve Bond Release - Chevron Star Business Park Water Main Extension Contingent Upon the 12-month Maintenance Guarantee in the Amount of 10% of the Original Bond. PW-5. Approve the Purchase of a 2020 John Deere 324G Skid Steer. G. NEW BUSINESS - MISCELLANEOUS H. OPEN FLOOR FOR COMMENTS (Comments will be heard on items that do not appear on the Agenda. The Public Comment portion of the Agenda shall be subject to a twenty (20) minute limitation. A time limit of five (5) minutes shall be imposed on each Speaker. The purpose of having Public Comments as an Agenda item is to allow any person to make his/her views known to the City Council upon any subject of general or public interest. Each person wishing to speak during the Public Comment portion of the Agenda must fill out a Public Comment Speaker Card stating name, and the topic about which he/she wishes to speak as well as a Sign-In Sheet, and give to the City Clerk at the Meeting itself. The purpose of the Cards is to obtain the spelling of the name of the Speaker, and provide for efficient meeting administration. The order of speaking shall be based upon the order of Sign-In with first person signing-in speaking first and so forth. If the twenty (20) minutes has elapsed before all Speakers who have signed up are allowed to speak, the City Council may elect to continue the time period. However, if the City Council elects not to extend the time period those Speakers who signed up but did not speak may if they so choose to be placed on the next Agenda under the Public Comments Section and shall be placed at the top of the Sign-In Sheet in the same order they were in from the previous Sign-In Sheet. All Speakers shall comply with these rules which shall be posted at the Speaker Sign-in desk and rulings of the City Clerk.) I. ADJOURNMENT 2 2 Committee of the Whole Agenda Memorandum Item # AT-1 To: Mayor & City Council From: Sonni Williams, City Attorney Subject: Adopt the Smoke-Free Illinois Act to Include Use of E-Cigarettes as Prohibited in Public Places Date: Wednesday, February 19, 2020 BACKGROUND/HISTORY Soon after the City amended Chapter 134 of the City Codes to raise the minimum age for the possession and use of tobacco including use of e-cigarettes to 21, representatives from the Will County Health Department & Community Health Center reached out to City staff as part of the Health Department's Tobacco Control & Prevention Program. The County-wide program offers a variety of services to decrease tobacco use rates, keep youth tobacco-free, and eliminate exposure to secondhand smoke. One of the Program's initiatives is a push to restrict the use of electronic cigarettes in public places. Vaping pens are included in the definition of e-cigarettes. Although the Illinois Smoke Free Act prohibits smoking traditional cigarettes or tobacco in public places, places of employment, or within 15 feet from entrances to public places or places of employment, the Act does not specifically address and limit the use of e-cigarettes in this public ban on smoking. Although e-cigarettes contain fewer toxic chemicals than traditional cigarettes, e-cigarette aerosol is not totally harmless and can contain harmful and potentially harmful substances, including nicotine, heavy metals like lead, volatile organic compounds, and cancer-causing agents. While e-cigarettes have the potential to benefit some people and have sometimes been marketed as a safe alternative to traditional cigarettes, the U.S. Food and Drug Administration has not approved the use of e-cigarette as a tobacco cessation product or for other medical purpose. Although e-cigarettes were initially promoted as a safe-alternative to regular cigarettes use for adults, youth are more likely than adults to use e-cigarettes and among the current e-cigarette users aged 18-24 years, 40% had never been traditional cigarette smokers. Representatives from Will County Health Department provided City staff with an eye-opening 2018 survey on the use rate of e-cigarette or vaping products among 10th grade students here in Lockport, Will County, and the rest of the State. Locally, 26% of LTHS students, 13% of students in Will County, 3 and 18% of students throughout the State responded that they have used vaping products in the past 30 days. The FDA and other states have initiated or are contemplating a ban on certain fruity or candy flavors of vaping products geared and marketed to teens. Will County Health Department's Tobacco Control & Prevention Program includes the call for a public ban on the use of e-cigarettes along with education to address the epidemic rise of e-cigarette use among Illinois teens. The current trend in vaping is the use of smaller and stylish "vaping pens" or other vaping devices that are as small as a thumb drive to vape both marijuana and tobacco. Without closing the loophole in the Smoke-Free Illinois Act, these vape pens or devices would continue to be used in public places like bars, restaurants, and businesses to vape tobacco and could be used to disguise the vaping of marijuana in these public places with little recourse. PROS/CONS/ALTERNATIVES N/A RECOMMENDATION Approve Ordinance No. 20-003. ATTACHMENTS Ordinance No. 20-003 Will County Health Dept. Info. on E-Cigarette Use Graph Data on LTHS Vaping Use SPECIFIC CITY COUNCIL ACTION REQUIRED Request for item to be placed on the City Council agenda for consent or action 4 ORDINANCE NO. 20-003 AN ORDINANCE AMENDING CHAPTER 134 OF THE LOCKPORT CODE OF ORDINANCES ADOPTING THE SMOKE-FREE ILLINOIS ACT TO INCLUDE E-CIGARETTES Published in pamphlet form by authority of the Mayor and the City Council of the City of Lockport, Will County, Illinois, this ___ day of _______, 2020. 5 1 ORDINANCE NO. 20-003 AN ORDINANCE AMENDING CHAPTER 134 OF THE LOCKPORT CODE OF ORDINANCES ADOPTING THE SMOKE-FREE ILLINOIS ACT TO INCLUDE E-CIGARETTES WHEREAS, the City of Lockport is a home rule municipality as defined by Section 6(a) of Article VII of the Illinois Constitution of 1970; and WHEREAS, pursuant to 410 ILCS 82/1 et seq., the Smoke Free Illinois Act (“the Act”), the City has the power to regulate smoking in public places within the city, so long as that regulation is no less restrictive than the Act itself; and WHEREAS, the American Heart Association has stated that electronic smoking devices and e-cigarettes pose potential health risks that should be studied, and also supports the inclusion of electronic smoking devices into existing smoke-free laws; and WHEREAS, the Smoke Free Illinois Act does not specifically include the use of e- cigarettes as a prohibited public smoking in public places, places of employment, or within 15 feet from an entrance of a public place or place of employment; and WHEREAS, the Mayor and the City Council of the City of Lockport find it in the best interest of the health and well-being of the City of Lockport’s residents to amend the provisions of Chapter 134 to adopt the Smoke Free Illinois Act and close its loop hole by specifically including the use of e-cigarettes as prohibited in public places as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOCKPORT, ILLINOIS as follows: Section 1. Chapter 135 of the Lockport Municipal Code is hereby amended by adding the underlined and deleting the stricken as follows: *** § 134.65 ADOPTION OF THE SMOKE-FREE ILLINOIS ACT. (A) The Smoke Free Illinois Act, 410 ILCS 82/1, et seq., is adopted and made a part hereof as if fully set forth in this section. (B) It shall be a violation of this section to use an electronic smoking device in any place, or in a manner, prohibited under the Smoke Free Illinois Act, 410 ILCS 82/1, et seq., (C) No person shall smoke including the use of an electronic smoking device in a public place or in any place of employment or within fifteen feet (15') of any entrance to a public place or place of employment. No person may smoke or use an electronic smoking device in any vehicle owned, leased, or operated by the city or a political subdivision of the city.
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