Birmingham Bans Electronic Cigarette Usage by Minors
(Crystal A. Proxmire, June 23, 2014)
The City of Birmingham voted Monday to be a step ahead of the state in banning the use or sale of electronic cigarettes to youth.
Monday’s vote adds the word “nicotine” to ordinances restricting tobacco use by those under 18, since electronic cigarettes are tobacco alternatives and not tobacco products. Minors caught smoking face a $50 fine.
Birmingham Police Chief Donald A. Studt encouraged Commissioners to support the ordinance change, stating “for one, you take a position in the community, and you send a message.”
Studt said he did not know of other cities in the area that had passed similar ordinance changes, “But it’s coming,” he said. “We thought it would be a god idea. The Community Coalition and the BYA [Birmingham Youth Assistance] are in support of this.” Studt stressed that Monday’s decision only affects electronic smoking by minors, not adults.
The ordinance change comes in spite of the fact that the State of Michigan has not yet figured out its laws on the electronic cigarettes. Currently legislation that has passed the State House of Representatives and State Senate is sitting on the desk of Governor Rick Snyder. Various reports indicate that Snyder could potentially veto the legislation and encourage stronger regulations.
Birmingham Commissioners discussed the relevance of a local ordinance when a state ordinance could come along soon. “It would be duplicative but it’s nice to have in on a city ordinance for prosecuting purposes,” said the Police Chief.
Interim City Manager Joseph A. Valentine also added that “It is unknown what the state is going to do.”
Studt said that the extent of youth smoking electronic cigarettes remains to be seen. “They’re too new,” he said. His hope is that by setting the boundaries now it may prevent youth from doing it.
Electronic cigarettes use vapor instead of smoke to deliver nicotine to a person’s lungs. There are disposable electronic cigarettes and those with re-fillable cartridges. They also come in many colors or flavors.
Commissioners indicated that they may take up further regulations based on what happens at the state level, but that preventing youth usage was a more immediate priority.