[HISTORY: Adopted by the Common Council of
the City of Hudson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-26-2018 by Ord. No. 10-18]
This article is adopted for the purpose of protecting the public
health, safety, comfort and general welfare of the people of the City
of Hudson and particularly the health and safety of persons under
the age of 18.
As used in this article, the following terms shall have the
meanings indicated:
- ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS) AND NON-NICOTINE VAPOR PRODUCTS
- Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices. ENDS and non-nicotine vapor products shall include any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices. ENDS and non-nicotine vapor products do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
A.
Sale of
electronic nicotine delivery systems and non-nicotine vapor products
to minors prohibited. No person shall sell, give away, loan, borrow,
or otherwise dispose of, by vending machine or otherwise, any electronic
nicotine delivery system or other non-nicotine vapor product to any
person under the age of 18 years old.
B.
Purchase
or possession of electronic nicotine delivery system or other non-nicotine
vapor product by persons under 18 years of age prohibited.
(1)
No
person under 18 years of age may falsely represent his or her age
for the purpose of receiving any electronic nicotine delivery system
or other non-nicotine vapor product.
(2)
No
person under 18 years of age may purchase, attempt to purchase, or
possess any electronic nicotine delivery system or other non-nicotine
vapor product except as follows:
(a)
A person under 18 years of age may purchase or possess an electronic
nicotine delivery system or other non-nicotine vapor product for the
sole purpose of resale in the course of employment during his or her
working hours if employed by a retailer. The defenses provided in
§ 134.66(3)(a) through (c), Wis. Stats., shall also be defenses
to prosecution under this article.
Any person who violates a provision of this article shall forfeit
not less than $100 or more than $200 for each violation.
