A. Definitions:
ELECTRONIC CIGARETTE: means any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term "electronic cigarette" does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.
FLAVORED LIQUID NICOTINE PRODUCT: means any liquid nicotine product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term "characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a liquid nicotine product including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb or any spice.
LIQUID NICOTINE PRODUCT: means (1) any electronic cigarette (i) containing liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine, or (ii) packaged with a liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; and (2) any other container of liquid, gel, salt, salt-based nicotine liquid, or other solution where the liquid, gel, salt-based nicotine liquid, or other solution contains nicotine and is intended to be utilized in an electronic cigarette. The term "liquid nicotine product" does not include any product regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301, et seq.
TOBACCO: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, any liquid nicotine product and any product or device not consisting of or containing tobacco leaf that provides for the ingestion into the body of nicotine whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or any other means including, but not by way of limitation, what is commonly referred to as electronic cigarettes or vaping.
B. Prohibited. The following are prohibited in the Village, and are declared a nuisance and detrimental to the public’s health, safety and welfare:
1. No person under the age of twenty-one (21) years shall knowingly possess or use tobacco, in any of its forms provided, that the possession by a person under the age of twenty-one (21) years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited.
2. It shall be unlawful for any person under the age of twenty-one (21) years to purchase tobacco, or to misrepresent his identity or age, or to use any false or altered identification for the purpose of purchasing tobacco.
3. It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco to any person under the age of twenty-one (21) years.
4. It shall be unlawful for any person to sell, offer for sale, give away or deliver flavored liquid nicotine products.
5. Signs informing the public of the restrictions provided for in this section shall be posted by every seller of tobacco at or near every display of tobacco and on or upon every vending machine which offers tobacco for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO AND ELECTRONIC CIGARETTES TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW AND THE SALE OF FLAVORED LIQUID NICOTINE PRODUCTS TO ANYONE IS PROHIBITED BY LAW
C. Violation: Whenever a police officer or police employee of the Village observes a violation of this section, he or she may confiscate the product for disposal and issue a violation notice to the person committing the violation. The violation notice shall be signed by the police officer or police employee and shall include the following:
1. The name of the person violating this section and his or her address, if known.
2. The nature of the offense.
3. Every person found guilty of violating this section shall be guilty of a petty offense and be punished by a fine of not more than seven hundred fifty dollars. In lieu of, or in addition to, a finding of guilt and/or a fine, a judicial officer or administrative hearing officer may order a person to complete up to forty hours of community service, under an order of supervision if appropriate. (Ord. 2817, 3-22-1999; amd. Ord. 3412, 3-12-2012; Ord. 3763, 6-24-2019; Ord. 3782, 9-23-2019)