[HISTORY: Adopted by the Common Council of
the City of Burlington 6-1-1993 by Ord. No. 1435(11). Amendments noted
where applicable.]
GENERAL REFERENCES
Drugs and drug paraphernalia — See Ch. 135.
[Amended 11-18-2003 by Ord. No. 1740(20); 8-19-2008 by Ord. No.
1868(10); 4-6-2022 by Ord. No. 2078(14)]
A.
Findings.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
ELECTRONIC SMOKING DEVICE
SMOKE or SMOKING
TOBACCO PRODUCTS
Definitions.
For the purpose of this chapter, the terms defined in this chapter
shall have the meanings and definitions below:
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.
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.
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.
C.
License required. No person shall sell, exchange,
dispose of, give away or keep for sale any cigarettes or cigarette
papers or wrappers or tobacco products without first obtaining a license
therefor from the Clerk in the manner provided in § 134.65,
Wis. Stats. This subsection shall not apply to jobbers doing interstate
business with customers outside Wisconsin. No license shall be issued
until the applicant provides a copy of a current Wisconsin Seller's
Permit to the City.
E.
Form of license; expiration. All cigarette licenses
shall be issued and signed by the Clerk and indicate thereon the name
of the licensee and the place where he is authorized to conduct the
licensed business and shall expire on June 30 next succeeding the
date of issue.
F.
Second offense. If any person shall be convicted of
a second or subsequent violation of the provisions of this section
and the court, in its judgment, shall determine that he was personally
guilty of a failure to exercise due care to prevent violation, his
license privileges shall terminate immediately and he shall not be
entitled to another license or act as an agent or servant of another
licensee for five years thereafter.
G.
Sale to minors prohibited. Except as may be modified
herein, the provisions of § 134.66 of the Wisconsin Statutes,
as may be amended from time to time, are hereby adopted by reference
and made a part of this Code of Ordinances. Pursuant to said statute,
and as expanded herein, the sale or provision of cigarettes, nicotine
products, tobacco products, or electronic smoking devices to persons
under the age of 18 is prohibited.
H.
Purchase or possession by minors prohibited; purchase
for or provision to minors prohibited. Except as may be modified herein,
the provisions of § 254.92 of the Wisconsin Statutes, as
may be amended from time to time, are hereby adopted by reference
and made a part of this Code of Ordinances. Pursuant to said statute,
and as expanded herein, no minor may falsely represent his or her
age for the purpose of receiving, or purchase or possess, cigarettes,
nicotine products, tobacco products, or electronic smoking devices,
and no person may purchase on behalf of, or provide, cigarettes, nicotine
products, tobacco products, or electronic smoking devices to a minor.
