[Adopted 4-17-2018 by Ord. No. 2018-10 (§ 11.125 of the 1984 Code)]
As used hereinbelow, the following terms shall have the meanings indicated:
CIGARETTE
The meaning given in § 139.30(1m), Wis. Stats.
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. "Electronic smoking device" includes any components and parts of such product, whether or not sold separately, including, without limitation, nicotine-containing e-liquids, a glass or plastic vial container of e-liquid, cartridges, atomizers, batteries, cartomizers, clearomizers, digital display or lights to adjust settings, tank systems, drip tips and flavorings.
NICOTINE PRODUCT
A product that contains nicotine and is not any of the following:
A. 
A tobacco product, as defined in § 139.75(12), Wis. Stats.
B. 
A cigarette.
C. 
A product that has been approved by the U.S. Food and Drug Administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.
SCHOOL
A public, parochial, private, or tribal school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
SMOKE or SMOKING
The act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including, without limitation, hookahs and marijuana, whether natural or synthetic, in any manner or form. "Smoking" also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking set forth in this article.
VAPOR PRODUCTS
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. "Vapor products" includes, without limitation, any vapor cartridge, solution, or other container or form, with or without nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Subchapter V of the Food, Drug, and Cosmetic Act.[1]
[1]
Editor's Note: See 21 U.S.C. § 351 et seq.
Except as modified by this article, § 254.92, Wis. Stats. (as amended from time to time), prohibiting, with certain exceptions, the purchase, attempted purchase, or possession of nicotine products by persons under the age of 18, and prohibiting the purchase of nicotine products by persons on behalf of or to provide to persons under the age of 18, is hereby adopted by reference as though set forth herein.
No person under the age of 18 shall possess, smoke, or otherwise use any nicotine product, vapor product, or electronic smoking device within the City, including, without limitation, inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an educational facility as defined in § 101.123(1), Wis. Stats.