§ 9-11-2-2 PURPOSE.

   The use of vapor products has doubled among middle and high school students from 2011 to 2012. A survey by the Centers for Disease Control and Prevention found that about one in ten high school students admitted to using vapor products. The city can implement protections faster than the state or federal government. The city can adapt more quickly to changes to the products that the manufacturers or vendors may make to take their products outside the scope of this ordinance. Council finds it is reasonable to conclude that the use of vapor products is a gateway to the use of tobacco products which are extremely detrimental to the health of all persons, particularly children.

(Ord. 2014-001)

§ 9-11-2-3 DEFINITIONS.

   As used in §§ 9-11-2-1 et seq., unless the context otherwise requires:

   CHILD or CHILDREN. Persons under 18 years of age. The singular and plural shall include one another.

   ELECTRONIC SMOKING DEVICE. Any product or device containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor, vapor product or aerosol. ELECTRONIC SMOKING DEVICE includes any component part of such product or device whether or not sold separately, including but not limited to vapor products. ELECTRONIC SMOKING DEVICE does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose.

   VAPOR PRODUCT. Any product or substance that contains nicotine or a similar substance, and is intended for human consumption or is likely to be consumed using an electronic smoking device. VAPOR PRODUCT does not include any product specifically approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product that is being marketed and sold solely for the approved purpose.

(Ord. 2014-001)

§ 9-11-2-4 VIOLATION.

   It is a crime punishable pursuant to § 1-1-99 of this code of ordinances for any person or entity to sell, offer to sell, barter or give any electronic smoking device or vapor product to any child in the city limits of the City of Albuquerque.

(Ord. 2014-001)

ARTICLE 12: POLLEN CONTROL

Section

   9-12-1   Short title

   9-12-2   Legislative findings

   9-12-3   Intent

   9-12-4   Definitions

   9-12-5   Regulated trees

   9-12-6   Process

   9-12-7   Prohibited activities

   9-12-8   Administration

   9-12-9   Compliance/enforcement

   9-12-99   Penalty

§ 9-12-1 SHORT TITLE.

   This article may be cited as the “Albuquerque Pollen Control Ordinance.”

(Ord. 34-1994)

§ 9-12-2 LEGISLATIVE FINDINGS.

   (A)   The Council finds that there is sufficient information to believe that certain trees and shrubs produce allergens that adversely impact the health and well-being of many of its residents, and that actions to reduce the production of these harmful allergens are therefore appropriate.

   (B)   The Council further finds that many residents desire to reduce their consumption of water for landscaping, and that all trees and shrubs should also be labeled as to the approximate level of water requirements.

   (C)   The Council further finds that there is sufficient clinical and statistical evidence that the Albuquerque regional area has serious health problems from allergies due to airborne tree pollens which affect a substantial proportion of the population; and that many people in all age groups regardless of their health condition may be at considerable risk of developing such allergies from airborne tree pollens as their concentrations increase in our environmental conditions; and that therefore actions to reduce the production of these pollens which cause the greatest health problems are essential.

   (D)   The Council further finds that it is essential to provide the city with adequate pollen counting and measurement for various facilities and sites as identified by the Mayor, and issue periodic health advisories.

(Ord. 34-1994; Am. Ord. 45-1996)

§ 9-12-3 INTENT.

   (A)   This article is intended to require labeling information that will enable residents to make knowledgeable and informed decisions about planting certain trees and shrubs insofar as their potential for allergen production and water requirements. This should assist in accomplishing the further intent of this article of discouraging the planting of those trees and shrubs which create the greatest pollen health problems and which excessively consume scarce city water.

   (B)   It is further intended that adequate sampling and measuring of the pollen content of the air within the city shall occur on an appropriate periodic basis utilizing state-of-the-art measuring equipment.

   (C)   It is further intended that the sale and purchase of those wind-pollinated trees of certain genera, species or cultivars/varieties, known to produce aeroallergens at serious public health levels shall be prohibited.

   (D)   It is further intended that the city utilize appropriate resources to provide public education that promotes community awareness on the issue of tree pollen.

   (E)   It is further intended that the city shall determine the relative numbers of wind pollinated trees of selected genera by means of inventory and survey of public and private landscaping within the city, excluding the bosque, as follows:

      (1)   Public Property. Trees on public property shall be inventoried by the City Forester.

      (2)   Private Property. Tree numbers on private property shall be determined by means of a scientifically designed and statistically valid survey managed by the city.

Results of the inventory and survey shall be provided by the Mayor and Council every five years.

(Ord. 34-1994; Am. Ord. 45-1996; Am. Ord. 40-2004)