[Added 5-10-2004 by Ord.
No. O-2004-01; amended 2-24-2020]
No person under the age of 18 years shall possess or carry a
cigarette, tobacco product or ENDS within the Village. "Cigarette"
for purposes of this section has the meaning given in § 139.30(1),
Wis. Stats. "Tobacco products" for purposes of this section has the
meaning given in § 139.75(12), Wis. Stats. "ENDS" is defined
as an electronic nicotine delivery system, which is a battery-powered
inhalation device designed to deliver to the user any product containing,
nicotine, or other substance, natural or synthetic, for human consumption
through the inhalation of aerosol or vapor from the device (examples:
e-cigs, Juul, vapes).
[Added 5-10-2004 by Ord.
No. O-2004-01]
A. Definitions. In this section, "cigarette” has
the meaning given in § 139.30(1), Wis. Stats., "law enforcement
officer" has the meaning given in § 30.50(4s), Wis. Stats,
and "ENDS" is defined as an electronic nicotine delivery system, which
is a battery-powered inhalation device designed to deliver to the
user any product containing, nicotine, or other substance, natural
or synthetic, for human consumption through the inhalation of aerosol
or vapor from the device (examples: e-cigs, Juul, vapes).
[Amended 2-24-2020]
B. Prohibitions. Except as provided of Subsection
C below, no child may do any of the following:
[Amended 2-24-2020]
(1) Buy or attempt to buy a cigarette, tobacco product
or ENDS.
(2) Falsely represent his age for the purpose of receiving
any cigarette, tobacco product or ENDS.
C. Employment exemption. A child may purchase cigarettes,
tobacco products or ENDS for the sole purpose of resale in the course
of employment during his working hours if employed by a retailer licensed
under § 134.65(1), Wis. Stats.
[Amended 2-24-2020]
D. Delivery of cigarettes, tobacco products or ENDS.
It is unlawful for any person 18 years of age or over to deliver cigarettes,
tobacco products or ENDS to a child. "Deliver" or "delivery" means
the actual, constructive or attempted transfer from one person to
another of cigarettes, tobacco products or ENDS, whether or not there
is any agency relationship. "Child" means a person who is less than
18 years of age.
[Amended 2-24-2020]
E. Seizure. A law enforcement officer shall seize any cigarette, tobacco product or ENDS involved in any violation of Subsection
B committed in his presence.
[Amended 2-24-2020]
F. Statutes adopted. The provisions of §§ 134.66,
254.92 and 778.25(l)(a), Wis. Stats., as amended, are adopted by reference
and incorporated herein.