§ 119.23. Use of e-cigarettes prohibited where smoking prohibited.

(a)

A person may not use, employ, or otherwise operate any nicotine dispensing device or e-cigarette in any enclosed workplace located within the City wherein smoking is prohibited pursuant to the Florida Clean Indoor Air Act, Chapter 386, Florida Statutes. The exceptions provided in said Act that permit smoking in certain places shall also apply to permit the use of nicotine dispensing devices and e-cigarettes in the same places designated in the Act. In addition, the use of nicotine dispensing devices and e-cigarettes may be permitted in a retail e-cigarette shop.

(b)

The proprietor or other person in charge of any enclosed indoor workplace subject to the prohibition in subsection (a) must develop and implement a policy for compliance with said prohibition. The policy may include, but is not limited to, procedures to be taken when the proprietor or other person in charge witnesses or is made aware of a violation of subsection (a) and must include a policy which prohibits an employee from using any nicotine dispensing device or e-cigarette in the enclosed indoor workplace. Signs stating "NO SMOKING OR USE OF E-CIGARETTES" or similar language shall be posted at all locations within the City where smoking is prohibited under the Florida Clean Indoor Air Act, Chapter 386, Florida Statutes.

(c)

A person may not use, employ, or otherwise operate any Medical Marijuana dispensing device or e-cigarette in any enclosed "Drug Free Workplace" located within the City wherein. In addition, the use of Medical Marijuana dispensing devices and e-cigarettes may not be permitted in a retail e-cigarette shop.

(d)

The proprietor or other person in charge of any enclosed indoor workplace subject to the prohibition in subsection (c) must develop and implement a policy for compliance with said prohibition. The policy may include, but is not limited to, procedures to be taken when the proprietor or other person in charge witnesses or is made aware of a violation of subsection (c) and must include a policy which prohibits an employee from using any Medical Marijuana dispensing device or e-cigarette in the enclosed indoor workplace.

(Ord. No. 15-30, § 1, 5-11-15; Ord. No. 17-51, § 2, 8-14-17)