[Adopted as § 3.830 of the 2000 Code; amended in
its entirety by 9-5-2023 by Ord. No. 2023-14[1]]
For the purpose of this section, the following words shall have
the following meanings:
Any roll of tobacco wrapped in paper or any other regulated
substance other than tobacco.
Any product containing or delivering nicotine or any other
substance intended for human consumption that may be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. Electronic delivery device includes any device manufactured,
distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen, or under any other product name or description,
or any component part of such product whether or not sold separately.
Electronic delivery 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 such an approved purpose.
Any person employed by the state or any political subdivision
of the state, for the purpose of detecting and preventing crime and
enforcing laws or ordinances and who is authorized to make arrests
for violations of the laws or ordinances he or she is employed to
enforce.
Burning, holding, inhaling, exhaling or carrying any lighted
or heated cigar, cigarette, pipe or heated tobacco or plant product
intended for inhalation, whether natural, or synthetic, in any manner
or form. Smoking includes the use of an electronic delivery device
which creates an aerosol or vapor, in any manner or form, or the use
of any oral smoking device.
Cigars; cheroots; stogies; periques; granulated, plug cut,
crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco
and other kinds and forms of tobacco prepared in such manner as to
be suitable for chewing or smoking in a pipe or otherwise, or both
for chewing and smoking; but "tobacco products" does not include cigarettes,
as defined under Wis. Stats. § 139.30(1).
A.
No child under the age of 18 may do any of the following:
(1)
Buy or attempt to buy any cigarette or tobacco product or other smoking
or electronic delivery device or engage in any conduct prohibited
by Wis. Stats. § 254.92.
(2)
Falsely represent his or her age for the purpose of receiving any
cigarette or tobacco product or other smoking or electronic delivery
device or for the purpose of engaging in any other activity prohibited
by Wis. Stats. § 254.92.
(3)
Possess any cigarette or tobacco product or other smoking or electronic
delivery device.
A.
A child may purchase or possess cigarettes or tobacco products or
other smoking or electronic delivery device for the sole purpose of
resale in the course of employment during his or her working hours
if employed by a retailer licensed under Wis. Stats. § 134.65(1)(d).
The Village adopts, by reference, the provisions of Wis. Stats.
§ 101.123, smoking prohibited, pertaining to the statewide
smoking ban. For purposes of enforcing the smoking ban found in Wis.
Stats. § 101.123 within this Village, the definition found
in this section for "smoke" or "smoking" shall apply instead of the
definition for "smoking" found in said state statutes and the definition
found in this section for "electronic delivery device" shall also
apply.
This article further adopts:
A.
Wis. Stats. § 124.65: Cigarette and tobacco products retailer
license.
B.
Wis. Stats. § 134.66: Restrictions on sale or gift of cigarettes
or nicotine or tobacco products.
D.
Wis. Stats. § 254.92: All other provisions of this statutory
subsection not otherwise adopted or encompassed by this article.
Penalties or imposed forfeitures for the above, not otherwise specifically noted, fall under § 14-3 of the Village of Hobart municipal ordinances.
