[HISTORY: Adopted by the Village Board of
the Village of Waterford 4-22-2019 by Ord. No. 672. Amendments noted where
applicable.]
A.
Electronic smoking devices are known by many different names. They
are sometimes called "e-cigarettes," "e-cigs," "e-hookahs," "mods,"
"vape pens," "vapes," "tank systems," and "electronic nicotine delivery
systems." Some devices are made to look like regular cigarettes, cigars,
or pipes while other resemble pens, USB sticks, and other everyday
items.
B.
Electronic smoking devices produce an aerosol by heating a liquid
that usually contains nicotine, the addictive drug in regular cigarettes
and other tobacco products, as well as flavorings and other chemicals
that help to make the aerosol. Users inhale this aerosol into their
lungs. Bystanders can also breathe in this aerosol when the user exhales
into the air. Electronic smoking devices can be used to deliver marijuana
and other drugs.
C.
While the aerosol from electronic smoking devices contain fewer toxic
chemicals than found in regular cigarettes, the aerosol is not harmless,
and such devices are not currently approved by the United States Food
and Drug Administration ("FDA") as a quit-smoking device. The aerosol
can contain harmful and potentially harmful substances, including
nicotine, heavy metals like lead, volatile organic compounds, and
cancer-causing agents such as formaldehyde and diacetyl.
This chapter is adopted, pursuant to Wis. Stats. § 101.123(1),
for the purpose of protecting the public health, safety, comfort and
general welfare of the people of the Village of Waterford.
Except as set forth below, the definitions of Wis. Stats. § 101.123(1)
are hereby adopted. As used in this chapter, the following terms shall
have the meanings indicated:
Any product 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 or aerosol
from the product. Electronic smoking device includes any component
part of such product whether or not sold separately. The term shall
include such devices whether they are manufactured as electronic cigarettes,
electronic cigars, electronic pipes or any other product name. Electronic
smoking device is not included in any product that has been approved
by the FDA for sale as a tobacco-cessation product or is being marketed
and sold solely for approved purposes.
The use of an electronic smoking device which creates an
aerosol or vapor, in any manner or in any form or the use of any oral
smoking device.
All Village-owned or -operated buildings and those portions
of buildings leased or operated by the Village, and municipal property
such as motor vehicles.
A.
No person may smoke an electronic smoking device in Village buildings
or Village-owned or -leased motor vehicles.
B.
No person shall sell or offer for sale or provide for nominal or
no consideration any electronic smoking device to any person under
18 years of age.
C.
No person under 18 years of age shall possess or use any electronic
smoking device.
Each section, paragraph, sentence, clause, word, and provision
of this chapter is severable, and if any such section or provision
shall be held unconstitutional or invalid for any reason, such decision(s)
shall not affect the remainder of this chapter nor any part thereof
other than that affected by such decision.
Any person who violates provisions of this chapter shall be subject to the penalties set forth in § 1-3 of the Code of Ordinances, except that where a juvenile is adjudged to have violated an ordinance, the Municipal Court is authorized to impose any of the dispositions listed in Wis. Stats. §§ 938.343 and 938.444.
