[HISTORY: Adopted by the Common Council of
the City of Burlington 11-16-2010 by Ord. No. 1912(15).[1]; amended in its entirety 4-6-2022 by Ord. No. 2077(13). Subsequent amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
90, Smoking in Municipal Buildings, adopted 12-5-1989 by Ord. No.
1283(26), as amended.
This chapter is adopted for the purpose of protecting the public
health, safety, comfort, and general welfare of the people of the
City of Burlington in accordance with § 62.04, Wis. Stats.,
and under the authority of § 101.123(4m), Wis. Stats.
A.
Tobacco smoking is a well-recognized health risk for young people
and adults and tobacco use is recognized as the single most preventable
cause of death in the United States. Inhalation of nicotine is proven
to be dangerous to everyone, as exposure to ultrafine particles may
exacerbate respiratory illness such as asthma and may constrict arteries
which could trigger a heart attack.
B.
Electronic smoking devices are known by many different names. They
are sometimes called "e-cigarettes," "e-cigs," "e-hookahs," "mods,"
"Juuls," "vapes," "vape pens," "tank systems" and "electronic nicotine
delivery systems." Some devices are made to look like regular cigarettes,
cigars, or pipes while others resemble pens, USB sticks, and other
everyday items.
C.
Electronic smoking devices produce an aerosol by heating a liquid
that may contain nicotine, the addictive drug in regular cigarettes
and other tobacco products, as well as flavoring and other chemicals
that help to make the aerosol. Users inhale this aerosol into their
lungs. Bystanders can also breathe in this aerosol when the user exhales
into the air. Electronic smoking devices can be used to deliver marijuana
and other drugs.
D.
Electronic smoking devices are not currently approved by the United
States Food and Drug Administration (FDA) as smoking cessation devices.
Electronic smoking devices have been found to contain between 10 and
115 times more nicotine in secondhand air levels over cigarettes.
This causes risk to those around the devices; especially children
who are unable to remove themselves from the risks. The aerosol can
contain harmful and potentially harmful substances, including nicotine,
heavy metals like lead, volatile organic compounds, and cancer-causing
agents such as formaldehyde and diacetyl.
Except as may be modified herein, the provisions of § 101.123
of the Wisconsin Statutes (known as "Wisconsin's Smoke Free Law"),
as may be amended from time to time, are hereby adopted by reference
and made a part of this Code of Ordinances. Pursuant to § 101.123(8),
Wis. Stats., a warning notice shall be issued to the person in charge
of an establishment subject to this chapter before the issuance of
a citation.
As used in this chapter, the following terms shall have the
meanings indicated:
All buildings, or portions of buildings, owned, leased, or
operated by the City.
Any product, which may or may not contain nicotine or any
other similar substance, intended for human consumption that can be
used by a person to simulate smoking through inhalation or exhalation
of vapor or aerosol from the product. "Electronic smoking device"
includes any product that employs a heating element, power source,
electronic circuit, or other electronic, chemical or mechanical means,
regardless of shape or size, that can be used to produce vapor from
a solution or other substance. "Electronic smoking device" includes
any component part of such product, whether or not sold separately.
The term shall include such devices, whether they are manufactured
as electronic cigarettes, electronic cigars, electronic pipes or any
other product name. The term shall include any cartridge or other
container of a solution or other substance that is intended to be
used with or in an electronic smoking device.
A structure or area that is bounded by a floor, a roof, and
three or more substantial walls.
Inhaling, exhaling, burning, or carrying any lighted or heated
smoking device, including a cigar, cigarette, pipe, electronic smoking
device, hookah, tobacco or plant product intended for inhalation,
including marijuana, whether natural or synthetic, in any manner or
in any form. Smoking shall include the use of electronic smoking devices
that create an aerosol or vapor in any manner or in any form.
Any temporary or permanent wall which:
Does not have any openings to the outside of the structure.
If there are openings in the wall to the outside of the structure,
then the combined surface area of the said openings in the wall are
less than 25% of the total surface area of the wall.
For the purpose of determining the amount of the surface area
of openings to the outside of the structure in a wall:
Only that portion of an opening that permits the free flow of
air from the outside of the structure into the inside of the structure
shall be considered an opening.
Fully or partially closed portions of the windows, doors, or
any other type of opening in the wall shall not be considered an opening
(i.e., only the unclosed and open portion of any window, door, or
other type of opening shall be considered an opening).
Openings to the outside in a wall of the structure have both
an interior side and an exterior side. In the event the interior side
and the exterior side of the opening are not equal in area, then the
smaller area of the two sides of an opening shall be considered the
opening.
Screens that are a part of a door, window, or any other type
of opening, and which are covered in any manner to prevent the free
flow of air through the screen (such as, but not limited to, attaching
a plastic film to the screen), shall not be considered part of the
opening in the wall.
Cigars; cheroots; stogies; periques; granulated, plug-cut,
crimp-cut, ready-rubbed and other smoking tobacco; snuff, including
moist snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut
and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings
and sweepings of tobacco and other kinds and forms of tobacco prepared
in such manner as to be suitable for chewing or smoking in a pipe
or otherwise, or both for chewing and smoking.
The penalty provisions contained in § 101.123 of the Wisconsin Statutes shall apply to violations of this Chapter 80.
