4-2-12: NICOTINE PRODUCTS, VAPOR PRODUCTS AND ELECTRONIC SMOKING DEVICES PRODUCTS REGULATED:
   A.   Definitions: As used hereinbelow, the following terms shall have the meanings indicated:
    CIGARETTE: Has the meaning given in section 139.30(1m), Wisconsin Statutes.
   ELECTRONIC SMOKING DEVICE: Means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to stimulate smoking through inhalation of vapor or aerosol from the product. Electronic smoking device includes any components and parts of such product, whether or not sold separately including, without limitation, nicotine-containing e-liquids, a glass or plastic vial container or e-liquid, cartridges, atomizers, batteries, cartomizers, clearomizers, digital display or lights to adjust settings, tank systems, drip tips and flavorings.
   NICOTINE PRODUCT: As defined in section 134.66(1)(f), Wisconsin Statutes means a product that contains nicotine and is not any of the following:
      1.   A tobacco product, as defined in section 139.75(12), Wisconsin Statutes.
      2.   A cigarette.
      3.   A product that has been approved by the U.S. Food and Drug Administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.
   SCHOOL: As defined in section 118.257(1)(d), Wisconsin Statutes means a public, parochial, private, or tribal school which provides an educational program for one or more grades between 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
   SMOKE OR SMOKING: Means the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation including, without limitation, hookahs and marijuana, whether natural or synthetic, in any manner or form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking set forth in this section.
   VAPOR PRODUCTS: Means 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. "Vapor products" includes, without limitation, any vapor cartridge, solution, or other container or form, with or without 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.
   VILLAGE: Means the Village of Reedsville, WI.
   B.   Restrictions On Sale Or Gift Of Nicotine Products To Persons Under Eighteen Years Of Age: Except as modified by this section, section 134.66, Wisconsin Statutes (as amended from time to time) relating to restrictions on the sale or gift of nicotine products to persons under the age of eighteen (18), is hereby adopted by reference as though set forth herein.
   C.   Purchase Or Possession Of Nicotine Products By Persons Under Eighteen Years Of Age Prohibited: Except as modified by this section, section 254.92, Wisconsin Statutes (as amended from time to time), prohibiting, with certain exceptions, the purchase, attempted purchase, or possession of nicotine products by persons under the age of eighteen (18), and prohibiting the purchase of nicotine product by persons on behalf of or to provide to persons under the age of eighteen (18), is hereby adopted by reference as though set forth herein.
   D.   Possession Or Use Of Nicotine Products, Vapor Products Or Electronic Smoking Devices By Persons Under Age Eighteen Prohibited Within Village; School Buildings, Grounds And Activities: No person under the age of eighteen (18) shall possess, smoke, or otherwise use any nicotine product, vapor product, or electronic smoking device within the Village including, without limitation, inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an educational facility as defined in section 101.123(1), Wisconsin Statutes.
   E.   Use Of Nicotine Products, Vapor Products Or Electronic Smoking Devices In School Buildings, On School Grounds Or At School Activities Prohibited: No person shall smoke or otherwise use any nicotine product, vapor product, or electronic smoking device inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an educational facility as defined in section 101.123(1), Wisconsin Statutes.
   F.   Possession Or Use Of Nicotine Products, Vapor Products Or Electronic Smoking Devices In Or Upon Village Building Premises Prohibited: No person shall possess, smoke, or otherwise use any nicotine product, vapor product or electronic smoking device in or upon any building premises owned, leased or used by the Village.
   G.   Sale Or Gift Of Vapor Products Or Electronic Smoking Device To Persons Under Eighteen Years Of Age Prohibited: Consistent with sections 134.66 and 254.92, Wisconsin Statutes, no person shall sell, or provide for no or nominal consideration, any vapor product or electronic smoking device to persons under the age of eighteen (18).
   H.   Penalties: Any person who violates subsection D, E, F or G of this section shall be subject to a forfeiture of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each violation. (Ord. 2018-6, 10-11-2018)