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CITY OF TRENTON
ORDINANCE NO. 800 (revised)

AN ORDINANCE TO AMEND SECTION 66, DIVISION 2 ENTITLED "TOBACCO" BY ADDING A NEW SUB-SECTION 66-360 OF THE TRENTON CITY CODE, ENTITLED "VAPING", REGULATING THE USE AND POSSESSION OF ELECTRONIC DELIVERY DEVICES FOR TOBACCO PRODUCTS BY MINORS WITHIN THE CITY LIMITS.

THE CITY OF TRENTON, COUNTY OF WAYNE, HEREBY ORDAINS AS FOLLOWS:

Section 1. Section 66, Division 2 of the City Code entitled Tobacco is hereby amended by adding a new section 66-360, entitled: "Vaping" regulating service, purchase, consumption and possession of electronic delivery devices for tobacco products by persons under the age of 18.

Sec 66-360 - VAPING

a) No person under the age of eighteen (18) years of age may possess or use (including inhaling or exhaling) any of the following items in public, including upon school property (as defined in Sec. 25-21), public parks or anywhere else within the City of Trenton:

i. Electronic nicotine delivery system (ends);

ii. Electronic cigarette or electronic smoking device;

iii. E-Liquid, E-Juice, E-Wax d. Vapes, Vaporizers, Vape pens;

iv. E-Pipes, Hookah, water pipe, or any other type of pipe;

v. Any other similar type of item as described above that could be used for inhaling or exhaling, or vaping ingredients or contents including but not limited to nicotine, cannabis (THC), flavorings, propylene glycol, glycerin or any other ingredients.

b) A person who is eighteen (18) years of age or older shall not use or possess any of the items listed in (a) above, on school property, unless specifically permitted by the school and then only in those areas of school property and at times, authorized by the school that are outdoors, including but not limited to, an open area stadium during either of the following time periods: Saturdays, Sundays, and other days on which there is no regularly scheduled classes or school activities, or; after 6:00 p.m. on days which there are regularly scheduled school hours and activities.

c) In the event any person possesses or uses any of the above items described in (a) above in violation of this ordinance, the item will be seized and forfeited to and destroyed by the City of Trenton.

d) Any person who violates any provision of this ordinance is responsible for a municipal civil infraction subject to a fine of one hundred ($100.00) dollars.

e) This Ordinance may be enforced by the Trenton Police Department and for the violations on school property, by the various school principals or their designees, school security police or school liaison or all attendance officers, provided, however, that all appearance tickets or citations written in violation of this section shall be coordinated through the Trenton Police Department.

Section 2. Saving Clause. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.

Section 3. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance.

Section 4. Conflicting Ordinances. All prior existing ordinances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed.

Section 5. Readings. This Ordinance shall be given immediate effect as an emergency ordinance, pursuant to Section 7.3 of the City Charter.

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 1st day of July, 2019.

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