Village of Whitefish Bay, WI
Milwaukee County
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[Adopted by Ord. No. 1584 (Secs. 10.15 and 10.16 of the Codification); amended in its entirety 9-16-2019 by Ord. No. 1857]
A. 
Statutes adopted. Except as expressly altered by this section, the provisions of §§ 101.123, 134.66, and 254.92, Wis. Stats., as amended from time to time are hereby adopted and incorporated herein by reference as though fully set forth.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine, or any other legal or controlled substance, whether natural or synthetic that can be used by a person to simulate smoking through inhalation of vapor, particulates, or aerosol from the device. The term electronic smoking device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-pipes, vape pens, mods, tank systems, or under any other product name or description. The term also includes any component part of such product whether or not sold separately. The term electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration (FDA) for sale as a tobacco cessation product and is being marketed and sold solely for that purpose.
SMOKING
Burning or holding or inhaling or exhaling any burning, lighted or heated cigar, cigarette, or pipe, or any other device containing lighted or heated tobacco or plant product, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an electronic smoking device which emits an aerosol, particulates, or vapor, in any manner or in any form.
C. 
Sale of electronic smoking devices to minors. No person shall sell or offer for sale any electronic smoking device, tobacco product, electronic smoking device pod, or nicotine product to any person under 18 years of age.
D. 
Possession of electronic smoking device by persons under the age of 18. No person under the age of 18 shall possess any electronic smoking device, tobacco product, electronic smoking device pod, or nicotine product.
E. 
Use of electronic smoking devices on school grounds. No person shall use an electronic smoking device on school grounds or in school buildings.
F. 
Prohibition against smoking. Smoking is prohibited in any of the following:
(1) 
Any place in which tobacco smoking is prohibited under § 101.123, Wis Stats.
(2) 
Any enclosed indoor area where smoking tobacco is prohibited under § 101.123, Wis Stats.
(3) 
All municipal premises, excluding parkland.
G. 
Penalty. The penalty for a violation of any provision of this section shall be as set by the Village Board from time to time pursuant to § 17-18.