As used in this chapter, the following terms
shall have the meanings indicated:
CIGARETTE
Any roll of tobacco wrapped in paper or any substance other
than tobacco.
[Amended 10-9-2012 by Ord. No. 2496]
SCHOOLS
The public schools under the jurisdiction of the School Board
of the City.
TOBACCO PRODUCTS
Cigars, cigarettes, cheroots, stogies, periques, smoking
tobacco, tobacco in any form including, but not limited to, granulated,
plug cut, crimp cut, ready rolled, fine cut, chewing tobaccos, snuff,
snuff flour, cavendish, plug and twist tobacco, shorts, refuse scraps,
clippings, cuttings and sweepings of tobacco and any other kinds or
forms of tobacco prepared in a manner as to be suitable for chewing
or smoking or both.
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 including, but not
limited to, an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe or similar product or device. "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 or similar product or device. "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.
[Added 1-26-2021 by Ord.
No. 2643]
Section 134.66, Wis. Stats., as amended from
time to time, is hereby adopted by reference as though fully set forth
herein.
Section 254.92, Wis. Stats., as amended from
time to time, is hereby adopted by reference as though fully set forth
herein.
[Added 1-26-2021 by Ord. No. 2643]
A. Findings. The Common Council of the City of New Berlin finds that:
(1) The purpose of this chapter is to protect the public health, safety
and welfare of the property and persons in the city by prohibiting
persons under 18 years of age from possessing cigarettes, tobacco
and vapor products and prohibiting the sale of cigarettes, tobacco
and vapor products to persons under 18 years of age; and
(2) Persons under age 18 are prohibited by law from purchasing or possessing
cigarettes and other tobacco products, and retailers are prohibited
from selling them to minors. Now, there are many tobacco-less products
available, commonly referred to as "electronic cigarettes," "e-cigarettes,"
"e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," or "electronic
nicotine delivery systems," which allow the user to simulate cigarette
smoking and introduce vapor products into one's body. These products
may be purchased by minors and are being marketed without age restrictions
or health warnings and come in different flavors that appeal to young
people; and
(3) The production and distribution of vapor products and electronic
smoking devices is not currently regulated by federal or state authorities,
and the U.S. Food and Drug Administration ("FDA") has not completed
testing of these products. However, initial studies by the FDA have
determined that use of vapor products and electronic smoking devices
can increase nicotine addiction among young people and contain chemical
ingredients known to be harmful, which may expose users and the public
to potential health risks; and
(4) The use of electronic smoking devices has increased significantly
in recent years, as evidenced by the fact that:
(a)
The FDA has found that over 5,000,000 middle and high school
students were users of e-cigarettes in 2019, and almost 1,000,000
were using e-cigarettes on a daily basis; and
(b)
The use rate among middle schoolers rose from 0.6% in 2011 to
10.5% in 2019; and
(c)
A majority of youth e-cigarette users report using flavored
varieties; most youth e-cigarette users first start using e-cigarettes
with a flavored variety and, for the period 2013 to 2014, 81% of youth
e-cigarette users cited the availably of appealing flavors as the
primary reason for use; and
(d)
In 2018, about eight in 10 middle school and high school students
- more than 20,000,000 youth - said they had seen e-cigarette advertising;
and
(e)
According to the Centers for Disease Control ("CDC"), in 2016,
approximately 1/3 of U.S. middle school and high school students who
had ever used an e-cigarette also reported using marijuana in the
device; and
(5) Existing studies on electronic smoking devices' vapor emissions
and cartridge contents have found a number of dangerous substances
including:
(a)
Chemicals known to cause cancer such as formaldehyde, acetaldehyde,
lead, nickel and chromium; and
(b)
PM 2.5, acrolein, tin, toluene, and aluminum, which are associated
with a range of negative health effects such as skin, eye, and respiratory
irritation, neurological effects, damage to reproductive systems,
and even premature death from heart attacks and stroke; and
(6) A Harvard University health study found high levels of diacetyl in
39 of 51 unique flavors of chemicals used in electronic smoking devices.
Diacetyl is associated with bronchiolitis obliterans and other severe
respiratory diseases among workers who have inhaled heated vapors
containing diacetyl; and
(7) As of August 2019, the University of Wisconsin Center for Tobacco
Research and Intervention has found several cases of severe breathing
complications and lung disease linked to vaping; and
(8) Since April 2019, the FDA has received at least 118 new reports of
e-cigarette users experiencing seizures and similar incidents. The
agency has received at least 127 reports of neurological events following
e-cigarette use between 2010 and 2019; and
(9) As of February 18, 2020, 2,807 people have been reported to the CDC
as hospitalized due to vaping and there have been 68 deaths confirmed
related to vaping; and
(10)
Electronic smoking devices emit ultrafine particles, volatile
organic compounds, and other toxins. Exposure to ultrafine particles
may exacerbate respiratory illnesses, such as asthma, and may constrict
arteries which could trigger a heart attack. The volatile organic
compounds, such as formaldehyde and benzene, found in electronic smoking
device aerosols are proven carcinogens; and
(11)
Defective e-cigarette batteries have caused fires and explosions
which have resulted in serious injuries; and
(12)
Children and adults have been poisoned by swallowing, breathing,
or absorbing e-cigarette liquid through their skin and eyes. Approximately
50% of calls to poison control centers for e-cigarettes are for children
five years of age or younger; and
(13)
Some cartridges used by electronic smoking devices can be refilled
with liquid nicotine solution, creating the potential for exposure
to dangerous concentrations of nicotine. The CDC has found that:
(a)
Most e-cigarettes contain nicotine and that 99% of the e-cigarettes
sold in assessed venues in the U.S. contained nicotine; and
(b)
Some e-cigarette labels do not disclose that they contain nicotine,
and some e-cigarettes marketed as containing 0% nicotine have been
found to contain nicotine; and
(c)
Nicotine can harm the developing adolescent brain (which continues
to develop until about age 25; and
(d)
Using nicotine in adolescence can harm the parts of the brain
that control attention, learning, mood, and impulse control; and
(e)
Using nicotine in adolescence may also increase risk for future
addiction to other drugs; and
(f)
A single JUUL pod (a device brand) contains as much nicotine
as a pack of 20 regular cigarettes; and
(14)
A study published in the Journal of Environmental and Public
Health suggests that electronic smoking devices "may have the capacity
to 're-normalize' tobacco use in a demographic that has
had significant denormalization of tobacco use previously"; and
(15)
Research indicates electronic smoking devices may lead youth
to try tobacco products. In addition, research indicates that youth
who use electronic smoking devices are more likely to use tobacco
products, including cigarettes, than those youth who do not use electronic
smoking devices; and
(16)
The use of electronic smoking devices in smoke-free locations
threatens to undermine compliance with smoking regulations and reverse
the progress that has been made in establishing a social norm that
smoking is not permitted in public places and places of employment;
and
(17)
Electronic smoking devices are commonly used to vaporize and
ingest controlled substances, such as marijuana wax, synthetic marijuana,
liquid marijuana, and hash oil.
B. Purchase, sale or possession of vapor products.
(1) Sale of vapor products to minors prohibited. No person, by himself,
his servant or agent, or as the servant or agent of any other, shall
sell, give away, or otherwise dispose of, by vending machine or otherwise,
any vapor product to any person under the age of 18 years.
(2) Purchase or possession of vapor products by persons under 18 years
of age prohibited.
(a)
No person under 18 years of age may falsely represent his or
her age for the purpose of receiving any vapor products.
(b)
No person under 18 years of age may purchase, attempt to purchase
or possess any vapor products except as follows:
[1]
A person under 18 years of age may purchase or possess vapor
products 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 any prosecution hereunder.
[Amended 1-26-2021 by Ord. No. 2643]
No person under 18 years of age may possess
any cigarette, tobacco or vapor product at any time inside any building
owned, leased or used by a public school in the City.
[Amended 1-26-2021 by Ord. No. 2643]
No person may smoke, light, ingest, chew, inhale
or otherwise use any cigarette, tobacco or vapor product or smoke
from a cigarette or tobacco product, or use any vapor product, at
any time, inside any building owned, leased or used by a public school
in the City.
[Amended 1-26-2021 by Ord. No. 2643]
No person, regardless of age, may smoke, light,
ingest, chew, inhale or otherwise use any cigarette, tobacco product
or vapor product, smoke from a cigarette or tobacco product or use
any vapor product on land owned, leased or used by a public school
in the City on any day on the official school calendar for student
or teacher attendance from 6:30 a.m. until after the time of departure
of the last scheduled late bus or 5:30 p.m., whichever is later
[Amended 1-26-2021 by Ord. No. 2643]
No person may smoke, light, ingest, chew, inhale
or otherwise use any cigarette, tobacco product or vapor product,
while attending a function or event at a public school, or while attending
a function or event on a school ground in the City.
Except in such specific outdoor areas as are
designated by the Mayor to permit smoking, all persons shall refrain
from smoking:
A. In City buildings, facilities and vehicles. Buildings
shall include all that area enclosed within the outermost entry doors.
B. Within 50 feet of any public entrance to City buildings.
[Added 10-9-2012 by Ord. No. 2496]
Section 101.123 of the Wisconsin Statutes, as
amended from time to time, is hereby adopted by reference as though
fully set forth herein.
[Amended 10-9-2012 by Ord. No. 2496]
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter
1. See General Provisions, §
1-18 of this Code. Each day that a violation continues of §
93-9 of this Code shall be considered a separate violation, and the forfeiture applicable hereunder shall apply to each day that said violation continues.