SAN JOSE COUNCILMEMBERS CONSIDERED BANNING E-CIGARETTES AT ANY BUILDING OWNED, LEASED OR OCCUPPIED BY THE CITY. While a decision seems not to be concluded yet, the matter was mentioned in the synopsis for City Council Agenda for 3 June 2014; therein saying “Staff to return in August, as outlined in the joint memorandum from Council Members Kalra, Chu and Rocha, dated May 30, 2014, with a report to adopt language used in the Council Policy 9-9 to amend Chapter 9.44 of Title 9 of the San José Municipal Code: 9.44.022”
When Councilmembers finally do complete decisions, it could mean that e-cigarettes are disallowed in places like Mineta San José International Airport or City Hall itself.
The concerning section of the City Council Agenda and Synopsis reads:
2. CONSENT CALENDAR
2.29 Amendment to the City Council Policy 9 – 9 Smoking Policy for Any Building Owned, Leased or Occupied By the City, Relating to Electronic Cigarettes (e-cigarettes).
Recommendation: Adopt a resolution amending City Council Policy 9-9 titled “Smoking Policy for any Building Owned, Leased or Occupied by the City” to revise the definition of smoking to include Electronic Cigarettes (e-cigarettes) and to apply the Policy to the Mineta San José International Airport. CEQA: Not a Project, File No. PP10-068(b), Municipal Code or Policy that involves no changes in the physical environment. (Public Works)
Renumbered from Item 4.6
Resolution No. 77003 adopted, with City Council Policy 9-9 to apply City- wide including the Norman Y. Mineta San José International Airport. Staff to return in August, as outlined in the joint memorandum from Council Members Kalra, Chu and Rocha, dated May 30, 2014, with a report to adopt language used in the Council Policy 9-9 to amend Chapter 9.44 of Title 9 of the San José Municipal Code: 9.44.022: “Smoking” is defined either (1) inhaling, exhaling, burning or carrying a lighted cigarette, cigar, pipe or other apparatus used to smoke tobacco or other organic or non-organic material; or (2) the use of an electronic cigarette as defined in California Health & Safety Code Section 119405 (“e-cigarette”) or a similar device intended to emulate smoking which permits a person to inhale vapors or mists that may or may not include nicotine; and 9.44.040 “Exceptions”: B. Retail tobacco and vape stores which sell primarily tobacco products and vape products.
Noes: Khamis, Oliverio.
But San Jose City Hall is following after the Santa Clara County Supervisors, some of which are former San Jose members.
It was just back on 10 June 2014 that Santa Clara County’s Public Affairs persons, Gwendolyn Mitchell/Laurel Anderson, issued a press release from the county: County of Santa Clara Board of Supervisors Regulates E-cigarettes in Unincorporated Santa Clara County:
Today, the Santa Clara County Board of Supervisors took action to protect the public’s health by adding e-cigarettes to tobacco control ordinances for unincorporated Santa Clara County. The changes include restricting e-cigarette sales near schools, banning smoking in common areas of multi-unit residences, and protecting the social norm advances related to tobacco use by restricting e-cigarette use in public spaces. This follows the Board’s action in March that added e-cigarettes to the County’s no-smoking policies for County facilities, leased properties, Santa Clara Valley Medical Center and health clinics.
County Supervisor Ken Yeager (San Jose) spearheaded the initiative. Yeager is Chair of the Board’s Health and Hospital Committee and brought the County’s tobacco ordinances before his fellows at the County Board of Supervisors. Yeager said, “Santa Clara County has been a leader in protecting and promoting the public health and welfare of our communities, implementing some of the strongest second hand smoke ordinances in the nation.”
See the Santa Clara County press release here:
As of 3 July 2014, the American Non-Smokers’ Rights Foundation (aka, “No-Smoke.org” and based in Berkeley, California), listed 188 U.S. Cities with “Local Laws Regulating Use of E-cigarettes —Laws Restricting E-cigarette Use in 100% Smoke-free Venues.”
In California alone, 41 cities are included on that total list of 188 nationwide. That means that California cities make up 22% of all those in the U.S. with local laws regulating use of e-cigarettes.
Of that, the No-smoke.org Foundation named three states with “State Laws Restricting E-cigarette Use in 100% Smokefree Venues”: North Dakota, New Jersey and Utah. (In Utah, use of E-cigarettes is specifically permitted amongst “retailers that sell e- cigarettes, until 7/1/17.”)
Meanwhile, eleven states were named as having laws regulating “Use in Other Venues.” In such states, use of e-cigarettes is often prohibited on school property, child care facilities, in public health facilities, public transportation, state workplaces and buildings, state correctional facilities, etc.
See the website of American Non-Smokers’ Rights Foundation: U.S. State and Local Laws Regulating Use of Electronic Cigarettes (PDF document, published as of 3 July 2014) at: