[HISTORY: Adopted by the Common Council of
the City of Hudson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-26-2018 by Ord. No. 10-18; amended in its entirety 3-20-2023 by Ord. No. 6-23]
This article is adopted for the purpose of protecting the public
health, safety, comfort and general welfare of the people of the City
of Hudson and particularly the health and safety of persons under
the age of 21.
As used in this article, the following terms shall have the
meanings indicated:
Noncombustible products, that may or may not contain nicotine,
that employ a mechanical heating element, battery, electronic circuit,
or other mechanism, regardless of shape or size, that can be used
to produce a vapor in a solution or other form, including but not
limited to an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, vaporizers, or similar products or devices. ENDS
and non-nicotine vapor products shall include any vapor cartridge,
solution, or other container, that may or may not contain nicotine,
that is intended to be used with an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, vaporizers, or similar
products or devices. ENDS and non-nicotine vapor products do not include
any products regulated by the United States Food and Drug Administration
under Chapter V of the Food, Drug, and Cosmetic Act.
A.Â
Sale of electronic nicotine delivery systems and non-nicotine vapor
products to minors prohibited. No person shall sell, give away, loan,
borrow, or otherwise dispose of, by vending machine or otherwise,
any electronic nicotine delivery system or other non-nicotine vapor
product to any person under the age of 21 years old.
B.Â
Purchase or possession of electronic nicotine delivery system or
other non-nicotine vapor product by persons under 21 years of age
prohibited.
(1)Â
No person under 21 years of age may falsely represent his or her
age for the purpose of receiving any electronic nicotine delivery
system or other non-nicotine vapor product.
(2)Â
No person under 21 years of age may purchase, attempt to purchase,
or possess any electronic nicotine delivery system or other non-nicotine
vapor product except as follows:
(a)Â
A person under 21 years of age may purchase or possess an electronic
nicotine delivery system or other non-nicotine vapor product for the
sole purpose of resale in the course of employment during his or her
working hours if employed by a retailer. The defenses provided in
§ 134.66(3)(a) through (c), Wis. Stats., shall also be defenses
to prosecution under this article.
Any person who violates a provision of this article shall forfeit
not less than $100 or more than $200 for each violation.
