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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 9, Part III, Ch. 9.36, of the 1979 Code. Amendments noted where applicable.]
[Amended by Ord. No. A-018-92, 1992]
As used in this chapter, the following terms shall have the meanings indicated:
CIGARETTES
Any roll of tobacco wrapped in paper or other substance other than tobacco.
LAW ENFORCEMENT OFFICER
Shall have the meaning given in § 30.50(4s), Wis. Stats.
RETAILER
Any person who sells, exposes for sale or possesses with intent to sell to consumers any cigarettes.
TOBACCO PRODUCTS
Cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twisted 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 a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. "Tobacco products" does not include cigarettes, as defined under § 139.30(1m), Wis. Stats.
VAPE DEVICE
A device designed to produce vapor or aerosol for inhalation from the application of a heating element to a liquid or other substance that is depleted as the product is used, regardless of whether the liquid or other substance contains nicotine.
[Added 9-20-2021 by Ord. No. 008-2021]
VAPE LIQUID
A substance, liquid, cartridge, or other material that is intended for use in a vape device.
[Added 9-20-2021 by Ord. No. 008-2021]
[Amended by Ord. No. A-018-92, 1992; 9-20-2021 by Ord. No. 008-2021]
A. 
No person shall use cigarettes, tobacco products, or a vape device in any building used principally for educational purposes, or in which a school is located or a course of instruction or training program is offered, which program has been approved or licensed by a state agency or board, and the grounds or campus upon which the school is located.
B. 
The regulation of smoking in Subsection B of this section does not apply to areas that have designated smoking areas under § 9.36.030 of this chapter.
[Amended by Ord. No. A-018-92, 1992; Ord. No. 013, Series 2010]
A. 
A person in charge or his or her agent may designate smoking areas in places where smoking is permitted under Subsection B of this section unless a fire marshal, law, ordinance or resolution prohibits smoking. Entire rooms and buildings may be designated smoking areas.
B. 
If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all entrances to the room normally used by the public. If an entire building is designated a smoking area, notice of the designation shall be posted on or near all entrances to the building normally used by the public, but posting notice of the designation on or near entrances to rooms within the building is not required.
[Amended by Ord. No. 022, Series 2010]
A. 
Purchase or possession of cigarette or tobacco by person under 18 years of age prohibited. A violation of § 254.92, Wis. Stats., adopted by reference by § 9.01.010 of the Grafton Code, shall be cited using this Code section number. The terms and definitions of Chapter 9.01 of this Code shall remain applicable to any such offense.
B. 
Restrictions on sale or gift of cigarettes or tobacco products. A violation of § 134.66, Wis. Stats., adopted by reference by § 9.01.010 of the Grafton Code, shall be cited using this Code section number. The terms and definitions of Chapter 9.01 of this Code shall remain applicable to any such offense.
[Added 9-20-2021 by Ord. No. 008-2021]
No person who has not yet reached 18 years of age shall purchase, attempt to purchase, or possess a vape device or vape liquid except as follows:
A. 
A person under 18 years of age may possess a vape device or vape liquid for the sole purpose of resale in the course of their employment during his or her working hours if employed by a retailer.
B. 
A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase, or possess a vape device or vape liquid in the course of the person's participation in an investigation under § 254.916, Wis. Stats.