It shall be unlawful for any juvenile to possess a controlled
substance contrary to the Uniform Controlled Substances Act, Ch. 961,
Wis. Stats.
It shall be unlawful for any juvenile, with intent, to steal
or take property from the person or presence of the owner without
the owner's consent and with the intent to deprive the owner
of the use thereof.
It shall be unlawful for a person under the age of 17 to intentionally
receive or conceal property he/she knows to be stolen.
[Amended 3-13-2013; 5-8-2019]
A. Prohibition against sale of or availability of cigarettes, nicotine
and tobacco products.
(1) Prohibition. It shall be a violation of this section for any retailer
to sell or give cigarettes, nicotine or tobacco products to any person
under the age of 18 except as provided in § 254.92(3), Wis.
Stats. A vending machine operator is not liable for the purchase of
cigarettes or tobacco products from his/her vending machine by a person
under 18 years of age if the vending machine operator was unaware
of the purchase.
(2) Vending machine requirements. The maintenance or keeping by retailers
of vending machines dispensing cigarettes or tobacco products within
the Village of Baldwin limits shall be in strict conformity with the
requirements of § 134.66(2), Wis. Stats., the provisions
of which are incorporated herein by reference.
(3) Vending machine placement. No retailer shall place a vending machine
dispensing cigarettes or tobacco products within 500 feet of any school.
The operator of any such vending machine which is located within 500
feet of a school as of the effective date of this section and which
is so placed pursuant to a written agreement binding upon the vending
machine operator may leave it there subject to the requirement, however,
that he/she shall cause said vending machine(s) to be removed no later
than May 1, 1993, or the date of expiration of the written agreement
related thereto, whichever occurs first.
(4) Restrictions on manufacturers. No manufacturer, distributor, jobber,
subjobber, or retailer, or its employees or agents, may provide cigarettes,
nicotine or tobacco products for nominal or no consideration to any
person under the age of 18.
(5) Notice requirements. Retailers and vending machine operators shall
comply with the posting and notice requirements set forth at § 134.66(2)(b),
Wis. Stats.
(6) Conformity with state law. It is the intention of the Village that
this subsection shall conform strictly with § 134.66(2),
Wis. Stats. Should any provision herein set forth fail to meet with
this qualification upon court review, the offending provision shall
be considered to be severed from the remainder of this subsection,
which shall remain in full force and effect as if the offending provision
were never adopted.
B. Prohibition against use and purchase of cigarettes, nicotine and
tobacco products to persons under the age of 18 years.
(1) Definitions. In addition, the following definitions are applicable:
CIGARETTE
Has the meaning given in § 139.30(1m), Wis. Stats.
DISTRIBUTOR
A person specified under § 139.30(3) or 139.75(4),
Wis. Stats.
JOBBER
Has the meaning given in § 139.30(6), Wis. Stats.
MANUFACTURER
Any person specified under § 139.30(7) or 139.75(5),
Wis. Stats.
NICOTINE
Has the meaning given in § 134.66(1)(f), Wis. Stats.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats.
SCHOOL
Has the meaning given in § 118.257(1)(d), Wis.
Stats.
SUBJOBBER
Has the meaning given in § 139.75(11), Wis. Stats.
(2) Purchase prohibitions. No person under the age of 18 years may do
any of the following:
(a)
Buy or attempt to buy any cigarette, nicotine or tobacco product,
except in accord with § 254.92(2), Wis. Stats.
(b)
Falsely represent his or her age for the purpose of receiving
any cigarette, nicotine or tobacco product.
(c)
Possess any cigarette, nicotine or tobacco product.
(3) Seizure of tobacco product. A law enforcement officer in whose presence
a violation of Subsection C(2) occurs shall seize any cigarette, nicotine
or tobacco product involved therein.
(4) Conformity with state law. It is the intention of the Village that
this subsection shall conform strictly with §§ 254.92
and 134.66, Wis. Stats. Should any provision herein set forth fail
to meet with this qualification upon court review, the offending provision
shall be considered to be severed from the remainder of this subsection,
which shall remain in full force and effect as if the offending provision
were never adopted.
(5) Sale exemption. A person under 18 years of age may purchase or possess
cigarettes or tobacco products for the sole purpose of resale in the
course of employment during his/her working hours if employed by a
retailer licensed under § 134.65(1), Wis. Stats.
[Amended 3-13-2013]
No person under the age of 18 years shall carry or possess a
lighted cigar, cigarette, nicotine product, pipe, or any other lighted
smoking equipment or tobacco product restricted by state law on public
property within 500 feet of a school grounds within the Village of
Baldwin between the hours of 7:00 a.m. and 5:00 p.m.