Ordinance 2014-428 - Laserfiche WebLink

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user that they inhale in simulation of smoking. This term shall include such devices whether they are manufactured as electronic cigarettes, e-cigarettes, e-cigars, e-pipes, e-hookah or under any other product name. Liquid Nicotine means any liquid product composed either in whole or in part of nicotine and/or other chemicals manufactured for use with e-cigarettes. Use of an e-cigarette means the heating or ignition or an e-cigarette which creates a vapor of liquid nicotine and/or other substances mixed with propylene glycol or other chemicals that the users inhale in simulation of smoking. § 99-3. Prohibited locations and uses. (a) It shall be unlawful to sell, give, or furnish an e-cigarette or liquid nicotine to a minor within the City of Sunny Isles Beach. The buyer or recipient's identification shall be examined to confirm that the buyer or recipient is at least eighteen (18) years of age. (b) The use of an e-cigarette is prohibited in all locations within the City of Sunny Isles Beach at which smoking is prohibited under the Florida Clean Indoor Air Act, Ch. 386, Part II, ss. 386.201 — 386.2125, Fla. Stat. (c) In order to minimize the physical accessibility to minors, no person shall offer e- cigarettes or liquid nicotine for sale in vending machines within the City of Sunny Isles Beach. (d) No vendor shall place electronic smoking devices and accessories or e-cigarettes in an open display unit unless the unit is located in a restricted access area. § 99-4. Enforcement. (a) The provisions of this Article shall be enforced the City of Sunny Isles Beach Community Development Department. (b) As an alternative to the enforcement specified above in subsection (a), the City of Sunny Isles Beach City Attorney's Office may bring a civil action in any court of competent jurisdiction to enforce or administer this Article including seeking a temporary or permanent injunction, or appointment of a receiver when it has reasonable cause to believe that a business, person, or retailer is operating in violation of this Article. The City of Sunny Isles Beach shall be entitled to an award of costs and reasonable attorney's fees, including appellate fees and costs, in an action successfully enforcing the terms of this Article. § 99-5. Penalties. The violation of any provision of Section 99-3 shall be punished as follows: (a) A fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days, or by both such fine and imprisonment. (b) Each day any violation of this Article continues shall constitute a separate offense, unless otherwise provided.