O-14-24VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -14 -24
AN ORDINANCE AMENDING SECTIONS 12-34,15-23.2 AND 15 -23.3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO
REGULATE THE USE OF "E- CIGARETTES" IN PUBLIC PLACES
AND THE SALE, USE AND POSSESSION OF "E- CIGARETTES" BY MINORS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of November , 2014.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
3rday of November 2014.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -14 -24
AN ORDINANCE AMENDING SECTIONS 12-34,15-23.2 AND 15 -23.3
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO
REGULATE THE USE OF "E- CIGARETTES" IN PUBLIC PLACES
AND THE SALE, USE AND POSSESSION OF "E- CIGARETTES" BY MINORS
WHEREAS, the smoking, inhalation, exhalation, ingestion, absorption, consumption and
use of nicotine and carcinogenic chemicals have been identified as a major contributor to various
public health, safety and welfare concerns, including, but not limited to, cancer, heart disease,
stroke, respiratory disease, asthma, ear infections, sudden infant death syndrome, premature
births, certain birth defects, poisoning, and death; and,
WHEREAS, e- cigarettes are electronic devices intended to simulate cigarette smoking
and designed to deliver nicotine, other chemicals and flavors by using a heating element to turn
the nicotine, other chemicals and flavors into an aerosol, gas or vapor that is inhaled or vaped by
the user; and,
WHEREAS, the United States Food & Drug Administration, the Center for Disease
Control and Prevention, the World Health Organization, and many leading public health
organizations have expressed concern about the dramatic increase in the use of e- cigarettes by
minors under eighteen (18) years of age, the marketing of e- cigarettes without appropriate health
warnings or age- restrictions including the marketing of sweet flavors targeted to minors under
eighteen (18) years of age and the lack of clinical studies on the potential health risks posed by e-
cigarettes; and,
WHEREAS, e- cigarettes remain unregulated at the federal level, leaving states and local
governments to adopt their own regulation regarding the smoking of e- cigarettes in public places
and work places, the sale and distribution of e- cigarettes to minors under eighteen (18) years of
age, and the possession of e- cigarettes by minors under eighteen (18) years of age; and,
WHEREAS, the Deerfield Smoke Free Air Ordinance, codified as Sections 12 -32
through 12 -46 of the Municipal Code of the Village of Deerfield, currently regulates the smoking
of lighted tobacco products in public places and work places in the Village; and,
WHEREAS, Section 15 -23.2 of the Municipal Code of the Village of Deerfield currently
prohibits the sale and delivery of tobacco or smokeless tobacco in any form to a minor under
eighteen (18) years of age; and,
WHEREAS, the Prevention of Tobacco Use by Minors and Sale and Distribution of
Tobacco Products Act (720 ILCS 675/1, et seq.) prohibits the sale or distribution of e- cigarettes
and alternative nicotine products to minors under eighteen (18) years of age; and,
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that
the prohibitions in the Deerfield Municipal Code on the sale or delivery of tobacco products to a
minor under eighteen (18) years of age should be no less stringent than the state -wide
requirements contained in Prevention of Tobacco Use by Minors and Sale and Distribution of
Tobacco Products Act (720 ILCS 675/1.5); and
WHEREAS, Section 15 -23.3 of the Municipal Code of the Village of Deerfield currently
prohibits the knowing possession of tobacco or smokeless tobacco by a minor under eighteen
(18) years of age; and,
WHEREAS, the Village of Deerfield is a home rule unit of government pursuant to
Article VII, Section 6 of the Illinois Constitution; and,
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WHEREAS, the Village of Deerfield, pursuant to its home rule authority, may exercise
any power and perform any function pertaining to its government and affairs, including
promoting the health, safety and welfare of its citizens; and,
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that
the public health, safety and welfare of its citizens, and particularly its children, will be promoted
and served by regulating the distribution, sale, possession, and use of e- cigarettes and alternative
nicotine products in the Village of Deerfield as provided in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: The above and foregoing recitals are incorporated herein as the findings of
the Board of Trustees of the Village of Deerfield.
SECTION 2: That the definition of "Smoke" or "Smoking" contained in Section 12 -34
( "Definitions ") of Article 6 ( "Smoke Free Air Regulations ") of Chapter 12 ( "Health ") of the
Municipal Code of the Village of Deerfield, as amended, is hereby amended to read as follows
(additions are indicated by underlining and deletions are indicated by strikes through markings):
See. 12 -34. Definitions.
(N) "Smoke" or "smoking" means inhaling, exhaling,
burning, or carrying any lighted cigar, cigarette, pipe, or other
lighted tobacco product in any manner or in any form. '`Smoke" or
"smoking" shall also mean vaping, inhaling, ingesting, absorbing
dissolving, snorting, sniffing. using or consuming any e- cigarette.
For the nuroose of this definition _ "e_cieare te" means any
electronic device designed to deliver nicotine other chemicals
flavors, and /or any liquid product composed either in whole or part
of nicotine nropvlene glycol and /or other similar substances by
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converting the nicotine, other chemicals flavors and /or liquid
product into an aerosol, gas or vapor that is inhaled in e, ed
absorbed, vaned, snorted. sniffed. used or consumed by the user,
which simulates cigarette smoking and in operation causes the user
to exhale any smoke vapor, other substance other than those
produced by unenhanced human exhalation The electronic device
usually consists of .a mouthpiece a heating element or atomizer. _a
battery, and electronic circuits that provide an aerosol gas or valor
derived from nicotine, other chemicals, and /or flavors_.__This
definition includes such devices, regardless of the details of the
product appearance or marketed name. generally manufactured to
resemble cigarettes cigars cigarillos pipes hookahs or other
smoking devices.
SECTION 3: That Section 15 -23.2 of Article 2 (`Offenses Against Public Morals ") of
Chapter 15 (`Morals and Conduct") of the Municipal Code of the Village of Deerfield, as
amended, be and the same is hereby amended to read as follows (additions are indicated by
underlining and deletions are indicated by st 1' ethfeu 3 markings):
See. 15 -23.2. Sales of Tobacco, or Smokeless Tobacco, E-
_Cigarette, or Alternative Nicotine Product to Minors
Prohibited:
(�a No minor under eighteen (18) years of age shall buy any e-
cigarette, alternative nicotine product cigar, cigarette, smokeless
tobacco or tobacco in any of its forms. No person shall sell, buy
for, distribute samples of or furnish any e-cigarette, altemativ-c
nicotine product, cigar, cigarette, smokeless tobacco or tobacco in
any of its forms, to any minor under eighteen (18) years of age.
For the purpose of this Section, "smokeless tobacco' means
any finely cut, ground, powdered, or leaf tobacco that is intended
to be placed in the oral cavity.
c) For the p=ose of this Section. "e -ei arette" means any
electronic device designed to deliver nicotine, other chemicals_
flavors and /or any liquid product composed either in whole oruart
of nicotine propylene glycol and/or other similar substances by
converting the nicotine, other chemicals, flavors, and /or liquid
product into an aerosol, gas or vapor that is inhaled. ingested.
absorbed, vaned, snorted, sniffed, used or consumed by the user,
which simulates cigarette smoking and in operation causes the user
to exhale any smoke vapor other substance other than those
Ell
produced by unenhanced human exhalation The electronic device
usually consists of a mouthpiece, a heating element or atomizer_ a
battery, and electronic circuits that provide an aerosol gas or vapor
derived from nicotine other chemicals and /or flavors This
definition includes such devices regardless of the details of the
product appearance or marketed name, generally manufactured to
resemble ci 4Mttes. ci ars. cigarillos, nines, hookahs, or other
smoking devices.
fd) For the purooses of this Section. "alternative nicotine product"
means a product or device not consisting of or containing tobacco
that provides for the ingestion into the body of nicotine, whether
by chewing, smoking, absorbing dissolving inhaling snorting
sniffing, or by any other means "Alternative nicotine product"
excludes cigarettes smokeless tobacco or other tobacco Products
as these terms are defined in this Chapter and any rn oduct
approved by the United States Food and Drug Administration as a
non - tobacco product for sale as a tobacco cessation product =as,a
tobacco dependence product, or for other medical purposes, is
being marketed and sold solely for that approved purpose
SECTION 4: That Section 15 -23.3 of Article 2 ( "Offenses Against Public Morals ") of
Chapter 15 ( "Morals and Conduct ") of the Municipal Code of the Village of Deerfield, as
amended, be and the same is hereby amended to read as follows (additions are indicated by
underlining and deletions are indicated by striket hrough markings):
Sec. 15 -23.3. Possession of Tobacco, Or Smokeless Tobacco, E-
Cigarette, or Alternative Nicotine Product by Minors
Prohibited:
(a) Violation: No minor under eighteen (18) years of age, to whom
the sale of tobacco, or "smokeless tobacco ", "e- cigarette" or
"alternative nicotine produce as defined in section 15 -23.2 of this
article, is prohibited because of his or her age, shall knowingly
possess any tobacco, or smokeless tobacco, e-cigarett_e_ or
alternative nicotine product.
(b) Penalty: Any minor in violation of the provisions under this
section shall be issued a compliance ticket pursuant to section 22-
160A of this code in lieu of a citation or arrest warrant for each
offense.
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SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 3rd day of November _'2014.
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this Ird day of November 2014.
ATTEST:
Village Clerk
Village President