[HISTORY: Adopted by the City Council of the City of Fond du Lac as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1993 by Ord. No. 2679 as §§ 12.30 and 12.35 of the 1993 Code; amended 11-26-1996 by Ord. No. 2868]
The provisions of §§ 254.92, 134.65 and 134.66, Wis. Stats., are hereby adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required and prohibited by this Code. Any future amendments, renumbering, revisions, or other modifications to any statute incorporated herein are intended to be made a part of this Code in order to secure conformity with state regulation of tobacco products.
It shall be unlawful for any person, firm, corporation or other entity, in any manner, directly or indirectly, upon any pretense or by any device, to manufacture, sell, exchange, barter, dispose or give away, or keep for sale any cigarettes or tobacco products in the City of Fond du Lac without first having paid a compliance check fee, as hereinafter provided.
A compliance check fee pursuant to § 134.65, Wis. Stats., shall be paid to the City Clerk on or before the first day of July in each year or thereafter that a tobacco products or cigarette vendor shall apply for a vendor license, pursuant to § 279-1 of this article and § 134.65, Wis. Stats. The compliance check fee shall continue in force from date of payment until the succeeding 30th day of June.
[Amended 4-24-2014 by Ord. No. 3544]
The compliance check fee shall be turned over to the Fond du Lac County Health Department to fund an enforcement program to ensure that tobacco products and cigarette vendors comply with § 279-1 of this article and § 134.66, Wis. Stats., which restricts youth access to cigarettes and tobacco products.
Any person violating any of the provisions of this section shall be subject to the penalties contained in § 1-4 of this Code. Each day when any cigarettes or tobacco products are manufactured, sold, or disposed of within the City of Fond du Lac without a compliance check fee having been paid therefor shall be a separate offense.
In addition to the suspension or revocation of any license issued under this article, and except where otherwise specifically provided, any person found to be in violation of any provisions of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted 4-10-2019 by Ord. No. 3690]
Editor's Note: This ordinance repealed former Art. II, Smoking, adopted 6-23-1993 by Ord. No. 2679 as §§ 9.15 and 9.30 of the 1993 Code; amended 6-23-2010 by Ord. No. 3432.
The City Council of the City of Fond du Lac hereby finds that:
It is recognized and found that smoking of cigarettes and tobacco products is hazardous to an individual's health and may affect the health of nonsmokers when they are involuntarily in the presence of smoking.
The American Lung Association has stated that marijuana smoke contains many of the same toxins, irritants, and carcinogens as tobacco smoke and secondhand marijuana smoke contains many of the same toxins as directly inhaled marijuana smoke.
While electronic delivery devices are currently unregulated by the United States Food and Drug Administration, the use by and sale to children of electronic delivery devices containing nicotine ("nicotine products") is prohibited by Wisconsin law and Fond du Lac ordinance.
Several other states, counties, and municipalities have already taken action to prohibit the use of electronic delivery devices in certain locations.
The American Cancer Society Cancer Action Network advocates for smoke-free laws, including electronic delivery devices and supposed nicotine-free electronic delivery devices, in all workplaces to protect workers and the public from the harmful effects of secondhand exposure and states that preliminary studies indicate that nonusers can be exposed to the same potentially harmful chemicals as users, including nicotine, ultrafine particles and volatile organic compounds, which could be especially problematic for children, pregnant women, and people with heart disease.
A 2009 study by the United States Food and Drug Administration found cancer-causing substances in several of the electronic delivery devices tested and found nicotine in some electronic delivery devices that claimed to contain no nicotine.
This article incorporates by reference as if fully set forth herein verbatim the factual findings of the states, counties, and municipalities that have investigated, documented, and/or made independent findings and conclusions concerning the health effects and concerns arising from and/or pertaining to smoking as defined in this article.
This article is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the City of Fond du Lac, especially recognizing the rights of nonsmokers who constitute a majority of the population; educating citizens affected by this article; and assisting individuals and persons in charge in maintaining compliance
The City hereby adopts the provisions of § 101.123, Wis. Stats., Smoking prohibited, in its entirety and any subsequent amendments or iterations thereafter.
Terms used in this article have the following meanings:
- ELECTRONIC DELIVERY DEVICE
- 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" shall include any such device, whether 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 descriptor.
- Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" shall include the use of an electronic delivery device which created an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.
No person may use electronic delivery devices within 25 feet of an entrance to a school building. A "school building" is a building under the control of a school board.
The prohibition against smoking in § 279-5 does not apply to the following:
A private residence.
A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed.
A tobacco bar that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed.
A retail electronic delivery device store may provide and permit the use of electronic delivery devices and accessories for the purpose of sampling.
Except as otherwise specifically provided, any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.