ORD20181424-Chapter 263-23-Final
COMMON COUNCIL – CITY OF MUSKEGO
ORDINANCE #1424
AN ORDINANCE TO AMEND CHAPTER 263,
SECTION 263-23,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Use of Cigarettes, Nicotine, Tobacco, and Vapor Products Restricted)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 263, Section 263-23, of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
263-23. USE OF CIGARETTES, NICOTINE, TOBACCO, AND VAPOR PRODUCTS
RESTRICTED.
A. Definitions. As used in this section, the following terms shall have the meanings
indicated:
CIGARETTE
A narrow tube of cut tobacco enclosed in paper and designed for smoking.
NICOTINE PRODUCTS
A product that contains nicotine and is not any of the following:
(1) A tobacco product.
(2) A cigarette.
(3) A product that has been approved by the United States 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.
SCHOOLS
The public schools under the jurisdiction of the School Board of the City of
Muskego.
TOBACCO PRODUCTS
Cigars, cigarettes, cheroots, stogies, periques, smoking tobacco, tobacco in any
form, including but not limited to granulated, plug cut, crimp cut, ready-rolled, and
fine cut, chewing tobacco, snuff tobacco, shorts, refuse scraps, clippings,
cuttings and sweepings of tobacco, and any other kinds or forms of tobacco
prepared in a manner as to be suitable for chewing or smoking or both.
Ordinance #1424
VAPOR PRODUCTS
“Vapor Products” shall mean 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 including but not limited to an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or
devices. “Vapor products” shall include any vapor cartridge, solution, or other
container, that may or may not contain nicotine, that is intended to be used with an
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizer, or
similar products or devices. “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.
B. Restriction on sale or gift of cigarettes, nicotine products, or tobacco products.
Section 134.66, Wis. Stats., as amended from time to time, is hereby adopted by
reference as though fully set forth herein.
C. Use of cigarettes, nicotine products, and tobacco products by children prohibited.
Section 254.92, Wis. Stats., as amended from time to time, is hereby adopted by
reference as though fully set forth herein.
D. Sale of vapor products to minors prohibited. No person, by himself, his servant or
agent, or as the servant or agent of any other person, shall sell, give away, or
otherwise dispose of, by vending machine or otherwise, any vapor products to any
person under the age of eighteen (18) years.
E. Purchase or possession of vapor products by person under 18 prohibited.
(1) No person under 18 years of age may falsely represent his or her age for the
purpose of receiving any vapor products.
(2) No person under 18 years of age may purchase, attempt to purchase, or
possess any vapor products except as follows:
(a) A person under 18 years of age may purchase or possess vapor products
for the sole purpose of resale in the course of employment during his or
her working hours if employed by a retailer. The defenses provided in Wis.
Stat. § 134.66(3)(a)-(c) shall also be defenses to any prosecution
hereunder.
F. Possession of cigarettes, nicotine products, tobacco products, and vapor products
by students in school buildings or upon school property. No person enrolled as a
student in the Muskego-Norway School District may possess any cigarette, nicotine
product, tobacco product, or vapor product at any time inside any building or on any
property owned, leased or used by a public school in the City.
Ordinance #1424
G. Use of cigarettes, nicotine products, and tobacco products in school buildings or
upon school property. No person may smoke, light, ingest, chew, inhale, or
otherwise use any cigarette, nicotine product, or tobacco product or smoke from a
cigarette, nicotine product, or tobacco product at any time inside any building or on
any property owned, leased, or used by a public school in the City.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms are in conflict with the
provisions of this ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS 27 DAY OF NOVEMBER 2018.
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST: First Reading: November 13, 2018
Clerk-Treasurer
Newly Enacted Ordinance Published: December 5, 2018