The City Council voted unanimously July 28 to regulate e-cigarettes the same as regular cigarettes with people prohibited from using them at city beaches, parks, sidewalk cafes, the airport, Petco Park and at the workplace.
Fifth District Councilmember Mark Kersey made the motion to add e-cigarettes to the same category as tobacco products and this included a business needing a police permit to sell them just like regular cigarettes.
“It is clearly not good for you. You should be able to go to a movie without someone vaping next to you,” said Kersey. “This is not a toy.”
The measure also bans sales of e-cigarettes at vending machines. There is already a ban on regular cigarettes being sold at vending machines. The ordinance also allows for “vaping only areas.”
Sixth District Councilmember Lorie Zapf said the vote is “trying to protect future nicotine addicts.” Fourth District Councilmember Myrtle Cole said it is “a public safety issue” because “e-cigarettes have become appealing (to youth).”
Seventh District Councilmember Scott Sherman said he has friends in their 50s who smoke bubble gum flavored e-cigarettes. Although Sherman voted in favor, he said his friends were trying to stop smoking regular cigarettes.
There are many flavored e-cigarettes on the market, such as Coca-Cola, grape, cherry, milk chocolate, strawberry, vanilla or other desserts.
Several speakers spoke against the measure including a woman who handed in a petition she said was signed by 900 people who are opposed to regulation. A man said he wondered “how many jobs would be lost” if the measure passed and said there is no second hand smoke worries with the devices.
The ordinance also bans use of e-cigarettes in enclosed public places, childcare centers, the beach boardwalk, Qualcomm Stadium and fishing piers that are owned or operated by the City. Vaping lounges and private residences are exempt.
Violators could be convicted of a misdemeanor, though people would be cited and not arrested unless there was another crime committed. The maximum sentence would be six months in jail or a $1,000 fine, which is the standard limit for most misdemeanors.
The measure will go to Mayor Kevin Faulconer to sign, but even if he vetoes it, the 9-0 vote guarantees the Council would override the veto. San Diego joins the cities of El Cajon, Oceanside and Carlsbad in regulating it. It will take effect in the fall.
