City Council Regular Meeting Attachment 1 Loveland Police Department Code Amendment Eliminating Ambiguity Regarding “Tobacco Products” April 2, 2019 City Council Regular Meeting

Attachment 1 Loveland Police Department (LPD) Reducing Ambiguity In Chapter 7.50 of the LMC Presentation Topics: “Tobacco Products” Definition Comparison. Narrow Focus of Proposed Amendment. Jurisdiction Comparison Matrix Questions.

“Tobacco Products” Current Definition Attachment 1 “Tobacco Products” Current Definition LMC Chapter 7.50 generally regulates the consumption, use, or possession of “tobacco products” by minors. Currently the definition of “tobacco products” is, in relevant part, “any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.” Ambiguity exists regarding whether or not nicotine, in and of itself, is “a substance containing tobacco leaf.”

“Tobacco Products” Proposed Definition Attachment 1 “Tobacco Products” Proposed Definition If Council approves the propose ordinance, the following would be prohibited from consumption, use, or possession by a minor: Products containing nicotine or products used to deliver nicotine to a minor’s body; and Products containing tobacco or products used to deliver tobacco to a minor’s body; and Products containing synthetic tobacco, tobacco derivatives, organic matter, synthetic matter, or any other product containing nicotine or device used to deliver tobacco or nicotine to a minor’s body.

Narrow Focus Of Proposed Amendment Attachment 1 Narrow Focus Of Proposed Amendment Law enforcement professionals, including Loveland Police Officers and Prosecutors of the City Attorney’s Office seek to clarify what “Tobacco Products” are prohibited from the possession, use, or consumption by minors. The LMC has not kept pace with the unprecedented growth and diversity of products utilized to consume nicotine, or which contain nicotine, by minors. The LMC was last amended in 1997, prior to any ubiquitous availability of electronic smoking devices and associated accessories containing nicotine.

Jurisdiction Comparison Matrix Attachment 1 Jurisdiction Comparison Matrix Fort Collins Greeley Castle Rock State of Colorado “Tobacco products shall mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, smokeless tobacco and dipping tobacco.” “Tobacco products shall mean any substance containing tobacco leaf, including, but not limited to, cigarettes, clove cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, smokeless tobacco and dipping tobacco.” “A. A product that contains nicotine, tobacco, synthetic tobacco, cloves, marijuana, tobacco derivatives, or other plant matter and is intended to be ingested, absorbed, inhaled, chewed, or applied to the skin of an individual; or B. Any device that can be used to deliver nicotine, tobacco, synthetic tobacco, cloves, marijuana, tobacco derivatives, or any other plant matter to the person ingesting, absorbing, or inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, vaporizer, vape pen, or pipe.” “(I) A product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe.” Identical to the City’s current 1997 ordinance definition regarding the definition of “tobacco products.” Substantially similar in substance to the City’s current 1997 ordinance regarding the definition of “tobacco products.” Substantially similar in substance to the City’s proposed ordinance regarding the definition of “tobacco products.” Substantially similar in substance to the City’s proposed ordinance regarding the definition of “tobacco products.”

Code Amendment Eliminating Ambiguity Regarding “Tobacco Products” Attachment 1 Code Amendment Eliminating Ambiguity Regarding “Tobacco Products” Questions? Thank you! 7