A. Definitions: As used in this section, the following terms shall have the meanings indicated:
VAPING DEVICE PRODUCT: Means any noncombustible product, that may or may not contain nicotine, that employs 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, vaporizers, or similar products or devices and shall:
1. Include any vapor cartridge, solution or container, that may or may not contain nicotine and that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices.
2. Exclude any products regulated by the United States Food and Drug Administration under chapter V of the Food, Drug and Cosmetic Act.
B. Sale Of Vaping Device Products To Minor Prohibited: No person shall sell, give away, loan or borrow, or otherwise dispose of, by vending machine or otherwise, any vaping device product to any person under the age of eighteen (18) years old.
C. Purchase Or Possession Of Vaping Device Products By Persons Under Eighteen Years Of Age And By Students On School Grounds And At School Events Prohibited:
1. No person under eighteen (18) years may falsely represent his or her age for the purpose of receiving any vaping device product.
2. No person under eighteen (18) years of age may purchase, attempt to purchase, or possess any vaping device product except as follows:
a. A person under eighteen (18) years of age may purchase or possess vaping device product for the sole purpose of resale in the course of employment, during working hours, if employed by a retailer; and
b. The defenses provided in Wisconsin Statutes section 134.66(3)(a) - (c) shall also be defenses to prosecution under this section.
3. No student may possess any vaping device on any school district property or at a school event within the City of Menomonie.
D. Penalty: Any person who violates any provision of this section shall, upon conviction, be subject to a penalty of not more than twenty dollars ($20.00) plus costs. (Ord. 2019-05, 3-18-2019; amd. Ord. 2024-14, 9-16-2024)