[HISTORY: Adopted by the Village Council of the Village of New Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 120.
Billiard halls, poolrooms and bowling alleys — See Ch. 144.
Curfew — See Ch. 209.
Drugs and drug paraphernalia — See Ch. 220.
[Adopted 12-18-2001 by Ord. No. 279]
A. 
Except as otherwise provided in Subsection C, a person shall not use a tobacco product on school property.
B. 
As used in this section, the following terms shall have the meanings indicated:
SCHOOL DISTRICT
A school district, local act school district, or intermediate school district, as those terms are defined in the School Code of 1976, Act No. 451 of the Public Acts of 1976, MCLA §§ 380.1 to 380.1852; a joint high school district formed under Part 3a of Act No. 451 of the Public Acts of 1976, MCLA §§ 380.171 to 380.187;[1] or a consortium or cooperative arrangement consisting of any combination of these.
SCHOOL PROPERTY
A building, facility or structure and other real estate owned, leased or otherwise controlled by a school district.
TOBACCO PRODUCT
A preparation of tobacco to be inhaled, chewed or placed in a person's mouth.
USE OF A TOBACCO PRODUCT
Any of the following:
(1) 
The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.
(2) 
The inhaling or chewing of a tobacco product.
(3) 
The placing of a tobacco product within a person's mouth.
[1]
Editor's Note: Part 3a of Act 451 was repealed by P.A. 1995, No. 289, § 2, effective 7-1-1996.
C. 
Subsection A of this section does not apply to that part of school property consisting of outdoor areas, including, but not limited to, an open-air stadium, during either of the following periods:
(1) 
Saturdays, Sundays, and other dates on which there are no regularly scheduled school hours.
(2) 
After 6:00 p.m. on days when there are regularly scheduled school hours.
A. 
A person under 18 years of age shall not possess or smoke cigarettes or cigars, or possess or chew, suck or inhale chewing tobacco or tobacco snuff, or possess or use tobacco in any other form, on a public highway, street, alley, park or other land used for public purposes, or in a public place of business or amusement.
B. 
Tobacco shall not be sold or furnished to a person unless that person has attained 18 years of age. No person shall knowingly sell or furnish tobacco to any person who is less than 18 years of age, nor shall a seller of tobacco fail to make diligent inquiry as to whether the person to whom a sale is contemplated has attained 18 years of age.
As used in this article, the following terms shall have the meanings indicated:
CHEWING TOBACCO
Loose tobacco or a flat, compressed cake of tobacco which is inserted into the mouth to be chewed or sucked.
TOBACCO SNUFF
Shredded, powdered or pulverized tobacco which may be inhaled through the nostrils, chewed, or placed against the gums.
[Amended 1-13-2015 by Ord. No. 333]
Any person who violates this article is subject to the penalties forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
[Adopted 7-11-2023 by Ord. No. 400]
This article shall be known and cited as the "Village of New Haven in Possession of Tobacco Products and Vapor Products Ordinance."
A. 
The purpose of this article is to protect the public health, safety, and welfare of the property and persons in the Village by prohibiting persons under 18 years of age from possessing tobacco products and vapor products and prohibiting the sale of tobacco products and vapor products to persons under 18 years of age.
B. 
Persons under the age of 18 are prohibited by law from purchasing or possessing cigarettes and other tobacco products, and retailers are prohibited from selling them to minors. There are new tobacco-less products, however, commonly referred to as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," or "electronic nicotine delivery systems," which allow the user to simulate cigarette smoking and ingest nicotine. These products may be purchased by minors and are being marketed without age restrictions or health warnings and come in different flavors that appeal to young people. E-cigarettes, and similar devices, are a relatively new nicotine delivery system. While devices vary in their appearance and specific method of operation, they have a few basic elements in common. A solution of water dissolved nicotine, and other ingredients (usually flavoring) is heated with a heating element (usually battery-powered). This vaporizes the nicotine solution, which passes into a mouthpiece and is inhaled in a manner similar to cigarette smoking. Often, glycerol or propylene glycol is added to the solution to give the appearance of smoke when the solution is vaporized. The concentration of nicotine contained in the solution can be customized by the retailer to the buyer's specifications, and many manufacturers make nicotine-free solutions.
C. 
The production and distribution of e-cigarettes is not currently regulated by federal or state authorities, and the U.S. Food and Drug Administration has not completed testing of these products. But initial studies by the FDA have determined that e-cigarettes can increase nicotine addiction among young people and contain chemical ingredients known to be harmful, which may expose users and the public to potential health risks.
D. 
The use of e-cigarettes and similar devices has increased significantly in recent years. Exiting studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances, including:
(1) 
Chemicals known to cause cancer, such as formaldehyde, acetaldehyde, lead, nickel, and chromium;
(2) 
PM2.5, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from hearts attacks and stroke;
(3) 
Inconsistent labeling of nicotine levels in electronic smoking device products; and
(4) 
In one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.
E. 
Several studies have concluded that exposure to vapor from electronic smoking devices may cause passive or secondhand vaping.
F. 
Some cartridges used by electronic smoking devices can be refilled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine.
G. 
Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products.
H. 
The use of electronic smoking devices in smoke-free locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.
I. 
It is the intent of the Village Council, in enacting this article, to provide for the public health, safety, and welfare by facilitating uniform and consistent enforcement of smoke-free air laws; by reducing the potential for re-normalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices with a normative or health lifestyle; and by prohibiting the sale or distribution of electronic smoking devices to minors.
J. 
Therefore, the Village of New Haven Council determines that prohibiting the sale, giving, or furnishing of e-cigarettes to minors and prohibiting the purchase, possession, or use of e-cigarettes by minors is in the Village's best interests and will promote public health, safety, and welfare. For purposes of this article, the Village is adopting the term "Vapor Product" to address e-cigarettes and all similar devices because this term has been defined by the Michigan House and Senate in Senate Bills 667 and 668, enrolled in June of 2014, as part of proposed amendments to the Youth Tobacco Act, being Public Act 31 of 195.[1]
[1]
Editor's Note: See MCL 722.641 et seq.
For the purpose of construction and application of this article, the following definitions shall apply:
MINOR
Shall mean an individual who is less than 18 years of age.
PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL
Shall mean a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax.
PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
Shall mean a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.
POSSESSION OF A TOBACCO PRODUCT
Shall mean either actual physical control of the tobacco product without necessarily owning that product or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.
PUBLIC PLACE
Shall mean a public street, sidewalk, park, or any area open to the general public in a publicly owned or operated building or premises or in a public place of business.
TOBACCO PRODUCT
Shall mean a product that contains tobacco and is intended for human consumption, including but not limited to cigarettes, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act, and cigars. Tobacco product does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration.
USE OF A TOBACCO PRODUCT OR VAPOR PRODUCT
Shall mean smoking, chewing, sucking, inhaling, or otherwise consuming a tobacco product or vapor product.
VAPOR PRODUCT
Means a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, which can be used to produce vapor from nicotine in a solution or other form. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration.
A. 
Subject to Subsection C, a minor shall not do any of the following:
(1) 
Purchase or attempt to purchase a tobacco product or vapor product.
(2) 
Possess or attempt to possess a tobacco product or vapor product.
(3) 
Use a tobacco product or vapor product in a public place.
(4) 
Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product or vapor product.
B. 
An individual who violates Subsection A is guilty of a misdemeanor punishable by a fine of not more than $50 for each violation. Pursuant to a probation order, the court may also require participation in a health promotion and risk reduction assessment program. An individual who is ordered to participate in a health promotion and risk reduction assessment program under this subsection is responsible for the costs of participating in the program. In addition, an individual who violates Subsection A is subject to the following:
(1) 
For the first violation, the court may order the individual to do one of the following:
(a) 
Perform not more than 16 hours of community service in a hospice, nursing home, or long-term care facility;
(b) 
Participate in a health promotion and risk reduction program, as described in this subsection.
(2) 
For a second violation, in addition to participation in a health promotion and risk-reduction program, the court may order the individual to perform not more than 32 hours of community service in a hospice, nursing home, or long-term care facility.
(3) 
For a third or subsequent violation, in addition to participation in a health promotion and risk-reduction program, the court may order the individual to perform not more than 48 hours of community service in a hospice, nursing home, or long-term care facility.
C. 
Subsection A does not apply to a minor participating in any of the following:
(1) 
An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as a part of an employer-sponsored internal enforcement action.
(2) 
An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local agency and was not part of the undercover operation.
(3) 
Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance abuse coordinating agency as defined in the Public Health Code, 1978 PA 368, MCL 333.6103, and with the prior approval of the state police or local police agency.
D. 
Subsection A does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.
E. 
This section does not prohibit an individual from being charged with, convicted of, or sentenced for any other violation of law that arises out of the violation of Subsection A.
State law reference: MCL 722.641 et seq.
A. 
Except as otherwise provided in Subsection B, a person who sells tobacco products at retail shall not sell a cigarette separately from its package.
B. 
Subsection A does not apply to a person who sells tobacco products at retail in a tobacco specialty retail store or other stores that deals exclusively in the sale of tobacco products and smoking paraphernalia.
C. 
A person who violates Subsection A is guilty of a misdemeanor, punishable by a fine of not more than $500 for each offense.
State law reference: MCL 722.642a.
A. 
A person shall not sell, give, or furnish a tobacco product or vapor product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or Subsection F is guilty of a misdemeanor punishable by a fine of not more than $50 for each violation.
B. 
A person who sells tobacco products or vapor products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:
"The purchase of a tobacco product or vapor product by a minor under 18 years of age and the provision of a tobacco product or vapor product to a minor is prohibited by law. A minor who unlawfully purchases or uses a tobacco product or vapor product is subject to criminal penalties."
C. 
If the sign required under Subsection B is more than six feet from the point of sale, it shall be 5 1/2 inches by 8 1/2 inches, and the statement required under Subsection B shall be printed in 36-point boldfaced type. If the sign required under Subsection B is six feet or less from the point of sale, it shall be two inches by four inches, and the statement required under Subsection B shall be printed in a 20-point boldfaced type.
D. 
The signs required by Subsection C may be procured from the Department of community health pursuant to state law. The seller may add the "vapor product" language to the sign if the Department of community health does not or will not include it.
E. 
Subsection A does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
F. 
Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least 18 years of age by doing one of the following:
(1) 
If the individual appears to be under 27 years of age, examining a government-issued photographic identification that establishes that the individual is at least 18 years of age.
(2) 
For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database or aggregate of databases that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is 18 years of age or older.
State law reference: MCL 722.641.
All resolutions, ordinances, or parts thereof in conflict with the provisions of this article are, to the extent of such conflict, hereby repealed.
If any section, paragraph, clause, or provision of this article is for any reason held to be invalid or unconstitutional, the invalidity or unconstitutionality of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this article.
This article shall take effect 20 days after the date of its adoption or on the date of its publication, whichever occurs first. This article, or a summary thereof, shall be published within 15 days of adoption in a newspaper of general circulation in the Village of New Haven. The Village clerk shall certify the adoption of this article and cause the same to be published as required by law.
This article shall be adopted by an affirmative vote of at least 2/3 of the members of the Village Council.