Several towns and cities across the US are trying to twist the definition of “smoking” in their smoking ordinances to include nicotine vaporizers. The city of Kirksville Missouri prefers a simple approach to interpreting their smoking ordinance, and this excludes electronic cigarette vaping as a result.

How E-Cigs are Excluded in Kirksville's Smoking Ordinance

Kirksville's Police Chief Jim Hughes explains that there are a number of qualifications in the ordinance to define an activity as “smoking.” First, something has to be lit, and this naturally implies fire. It also has to have some kind of tobacco product in it, and Hughes believes this disqualifies e-cigs. Finally, if it is not a tobacco product, then it must be some sort of combustible material.

All in all, according to Chief Hughes' interpretation of the smoking ordinance, there is nothing about nicotine vaporizers that would suggest that they would fall under Kirksville's smoking ordinance.

Why the E-Cigarette Concern Was Raised

Many citizens of Kirksville demanded this clarification out of concern for being caught under the city's strict smoking ordinance. Violations of the smoking ordinance start with a minimal fine of no less than $100 for a first offense. The second offense is a fine of not less than $200. Third offense is $500. If someone gets caught four times or more, they could be imprisoned for no more than 90 days.

The owner of a business establishment is obligated to ask a smoker to stop smoking, request they leave the premises if they refuse, then if they refuse that, to call the Kirksville police. This ordinance applies to bowling alleys, public buildings, parks and the space within 10 feet of entrances and ventilation systems.

Naturally, since electoronic cigarette use does not involve fire, combustible tobacco products, or setting anything on fire, it follows that there is no smoke involved, and cannot by definition be called “smoking.”