Cigarettes & Vaping

The Wisconsin Department of Health Services, the United States Surgeon General, and the North Shore Health Department have all evaluated the use of electronic cigarettes and determined that there use has a significant impact on youth health.  As a result of these findings, the Village of Fox Point has adopted their recommendations and modified the village code to address the use of electronic cigarettes, as well as other smoking materials.

On October 10th, 2019 the village board modified chapter 670-27 to address the use of electronic cigarettes in addition to other smoking materials.  What this means to a resident;

  • Any person under the age of 18 cannot possess, use, or purchase tobacco products, e-cigarettes and related e-cigarette products.
  • No person can use an electronic smoking product on school grounds.
  • No person can use tobacco products where restricted by state statute or on municipal premises.

670-27; Regulation of Smoking and Electronic Smoking Devices

  1.  Smoking prohibited.  The provisions of §101.123 Wisconsin Statutes, and any subsequent amendments or modifications are adapted by reference and made a part of this section as if more fully set forth herein.
  2. Regulation of Electronic Smoking Devices
    1. Definitions
      1. Smoking.  Smoking shall have a meaning as defined in Wisconsin Statutes §101.123, and shall also include the use of an electronic smoking device which emits an aerosol, particulates, or vapor, in any manner or in any form.
      2. Electronic Smoking Device.  Electronic smoking device means any product containing or delivering nicotine, or any other legal or controlled substance, whether natural or synthetic, that can be used by a person to simulate smoking through inhalation of vapor, particulates, or aerosol from the device.  The term electronic smoking device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-pipes, vape pens, mods, tank systems, or under any other product name or description.  The term also includes any component part of such product whether or not sold separately.  The term electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration (FDA) for sale as a tobacco cessation product and is being marketed and sold solely for that purpose.
    2. Sale of electronic smoking devices to minors.  No person shall sell or offer for sale any electronic smoking device, tobacco product, electronic smoking device pod, or nicotine product to any person under 18 years of age.
    3. Possession of electronic smoking device by person sunder the age of 18.  No person under the age of 18 shall possess any electronic smoking device, tobacco product, electronic smoking device pod, or nicotine product.
    4. Use of electronic smoking devices on school grounds.  No person shall use an electronic smoking device on school grounds or in school buildings.
    5. Prohibition against smoking.  Smoking is prohibited in any of the following;
      1. Any place in which tobacco smoking is prohibited under §101.123
      2. Any enclosed indoor area where smoking tobacco is prohibited under §101.123
      3. All municipal premises, excluding parkland.