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CITY OF NEW RICHMOND: Ordinance 519 - Vaping on School Property

Wednesday, June 13, 2018 - 11:26pm

CITY OF NEW RICHMOND
ST. CROIX COUNTY, WISCONSIN
ORDINANCE NO. 519
AN ORDINANCE CREATING CITY CODE CHAPTER
50 ARTICLE I SECTION 50-9 REGULATING THE USE
AND POSSESSION OF VAPING DEVICE PRODUCTS
ON SCHOOL PROPERTY
WHEREAS, the City of New Richmond ("City") has enacted and currently enforces all Sections under City Code Ordinance Chapter 50 Article I establishing general municipal offenses and miscellaneous provisions; and
WHEREAS, decline in cigarette smoking has resulted in an increase in the popularity of alternative electronic nicotine delivery products and electronic smoking devices ("Vaping Device Products") among minors; and
WHEREAS, Vaping Device Products provide an alternative smoking experience to tobacco cigarettes. Vaping Device Products are not subject to regulation by the Federal Food and Drug Administration (FDA) and have not been proven safe for either users or bystanders. The contents of cartridges vary widely and may contain nicotine, traces of nicotine, carcinogens, formaldehyde, antifreeze and other toxic substances which may pose health risks for users and bystanders. Vaping Device Products do not produce a gas or vapor but rather a dense visible aerosol of liquid submicron droplets consisting of glycols, nicotine, and other chemicals, some of which are carcinogenic. Packaging does not consistently include health warnings as required for conventional cigarettes and does not provide notice of harmful effects, nicotine concentration levels, or the existence or content levels of toxic substances; and
WHEREAS, Vaping Device Products have been proven to emit nicotine, ultra-fine particles, volatile organic compounds and other toxins, which if inhaled can be dangerous to everyone, especially children and pregnant women. Exposure to ultrafine particles is distressing and harmful and may exacerbate respiratory illnesses, such as asthma and may constrict arteries which could trigger a heart attack. The volatile organic compounds, such as formaldehyde and benzene, found in electronic smoking device aerosols, as well as conventional cigarette smoke, are proven carcinogens. Inhalation of vaporized nicotine in propylene glycol is not FDA approved. Short term exposure to propylene glycol causes eye, throat, and airway irritation and long-term inhalation can result in developing asthma. Some studies show that heating propylene glycol changes its chemical composition, producing small amounts of propylene oxide, a known carcinogen. There are metals in electronic smoking device aerosol, including chromium, nickel and tin nanoparticles; and
WHEREAS, Vaping Device Products are battery operated devices with cartridges filled with liquid sometimes containing nicotine and other chemicals that turn into vapor or steam which a person inhales. The nicotine or chemicals contained in the Vaping Device Product liquid is undetectable unless the liquid is tested at a laboratory making it difficult for enforcement officers to determine the contents of the liquid used in any particular Vaping Device Product; and
WHEREAS, the use of Vaping Device Products can pose health risks from which minors should be protected. Access to these substances and devices by youth should be restricted; and
WHEREAS, it is in the best interest of the City to prohibit the access and use of Vaping Device Products by any persons while such person is on any school property, including present within any school building or upon school grounds or riding in any school controlled vehicle; and
WHEREAS, the Common Council desires to prohibit the use and possession of Vaping Device Products by any person on or in any school property in the same way use and possession of tobacco is prohibited in such locations.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL FOR THE CITY OF NEW RICHMOND, AS FOLLOWS:
1. Adoption of Ordinance Section 50-9. Chapter 50 Article I Section 50-9 of the City Code of the City of New Richmond is hereby created to provide as follows:
Sec. 50-284. - Prohibited Possession of Vaping Device Products on School Property.
(a) Purpose. This Section is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the City of New Richmond.
(b) Definition. For the purposes of this section, the term "Vaping Device Product" means any noncombustible product, 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. "Vaping Device Product" 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, vaporizers, or similar products or devices. "Vaping Device Product" does not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
(c) Possession on School Property. It shall be unlawful for any person to possess or use a Vaping Device Product on property owned or rented by, or under the control of, the School District of New Richmond, including but not limited to school buildings, school grounds, or vehicles owned, rented, contracted or controlled by the New Richmond School Board.
2. Severability. Each section, paragraph, sentence, clause, work, and provision of this section is severable, and if any such section or provision shall be held unconstitutional or invalid for any reason, such decision(s) shall not affect the remainder of the section nor any part thereof other than that affected by such decision.
3. Effective Date. This Ordinance shall take effect immediately upon passage by the Common Council and publication as provided by law.
Passed and adopted by the City Council for the City of New Richmond this 30th day of May, 2018.
/s/ Fred Horne, Mayor
ATTEST: /s/ Tanya Batchelor, City Clerk
______________________________________ (Pub. 06/14/18) WNAXLP