2014-556 ORDINANCE NO. 2014 - 556
An ordinance prohibiting the purchase and possession of nicotine products by children in the
City of Janesville with penalties as set forth in JGO 9.54.090.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 9.54.010 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.010 Definitions.
In this chapter:
A. "Cigarette" means any roll of tobacco wrapped in paper or any substance other
than tobacco and as defined in Section 139.30 of the Wisconsin Statutes, as from time to time
amended, revised or renumbered.
B. "Law Enforcement Officer" means any person employed by the state or any
political subdivision of the state, for the purpose of detecting and preventing crime and enforcing
laws or ordinances and who is authorized to make arrests for violations of laws or ordinances he
or she is employed to enforce and as defined in Sections 30.50(4s) or 165.85(2)(c) of the
Wisconsin Statutes, as from time to time amended, revised or renumbered.
C. "Nicotine Product" means a product that contains nicotine and is not any of the
following: a tobacco product, a cigarette, or 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 as defined in Section
134.66(0 of the Wisconsin Statutes, as from time to time amended, revised or renumbered.
D.E. "Tobacco Products" means cigars; cheroots; stogies; periques; granulated, plug
cut, crimp cut, ready - rubbed and other tobacco; snuff; snuff flour; cavendish; plug and twist
tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and
sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be
suitable for chewing and smoking as defined in Section 139.75(12) of the Wisconsin Statutes, as
from time to time amended, revised or renumbered. "Tobacco products" does not include
cigarettes.
SECTION II. Section 9.54.020 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.020 Adoption of State Laws Prohibiting Purchase and Possession of
Cigarettes, Nicotine Products and Tobacco Products by Children.
A. Any and all Wisconsin Statutes and administrative codes pertaining to and
governing the purchase and possession of cigarettes, nicotine products, and tobacco products by
children, inclusive of but not limited to secs. '18.983 and- 134.66 and 254.92 of the Wisconsin
Statutes, as from time to time amended, revised, or renumbered, are hereby adopted by reference
and incorporated herein as if fully set forth.
B. In the event that any provision of this chapter conflicts with any provision of State
•
law, the provisions of this chapter shall govern to the extent provided by law.
SECTION III. Section 9.54.030 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.030 Prohibition of Purchase or Possession of Cigarettes, Nicotine
Products, or Tobacco Products by Children.
Except as provided elsewhere in this chapter, no child may do any of the following:
A. Buy or attempt to buy any cigarette, nicotine product, or tobacco product.
B. Falsely represent his or her age for the purpose of receiving any cigarette, nicotine
product, or tobacco product.
C. Possess any cigarette, nicotine product, or tobacco product.
SECTION IV. Section 9.54.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.040 Exceptions A child may purchase or possess cigarettes, nicotine products,
or tobacco products for the sole purpose of resale in the course of employment during his or her
working hours if employed by a retailer licensed under Chapter 5.24 of the Janesville Code of
General Ordinances and/or under Section 134.65(1) of the Wisconsin Statutes, both as from time
to time amended, revised or renumbered.-, or if at least 15 years of age and participating in an
investigation under Section 254.916 of the Wisconsin Statutes that is conducted in accordance
with Section 254.916(3) of the Wisconsin Statutes, both as from time to time amended, revised,
or renumbered.
SECTION V. Section 9.54.050 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.050 Seizure.
A. A law enforcement officer shall seize any cigarette, nicotine product, or tobacco
product involved in a violation of any provision of this chapter committed in his or her presence.
B. All seized cigarettes, nicotine products, and tobacco products shall be held as
evidence by the Janesville Police Department and, after disposition of the related case(s), be
disposed of in the manner provided by law.
SECTION VI. Section 9.54.060 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.060 Prohibition of Violating State Laws Prohibiting Purchase or
Possession of Cigarettes or Tobacco Products by Children. No person may violate any
provision of Wisconsin's statutes prohibiting the purchase or possession of cigarettes, nicotine
products, or tobacco products by children, under secs. 134.66 and 254.92 of the Wisconsin
Statutes and/or Janesville General Ordinance Chapter 5.24, as from time to time amended,
revised or renumbered.
SECTION VII. Section 9.54.090 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.54.090 Violations -- Penalty.
A. Any child who violates any provision of this chapter shall upon conviction be
subject to :. - - . - - _ : - . • . ' . ., ... . .
I • 4:. , - - - - .. - -- -
1. (a) A a forfeiture of not less than Twenty Five dollars ($25.00) nor
more than Five Hundred dollars ($500.00) together with the costs of prosecution, for each
offense.
by the court.
- - - ..
' -
4:. 4 • -- -
- -.
renumbered'.
B. Any adult, person, retailer, firm or corporation who violates any provision of this
ordinance related to the sale of cigarettes, nicotine products, or tobacco products to children shall
upon conviction be subject to any one or combination of the following forfeitures, dispositions
and/or orders of the court, pursuant to Section 134.66 of the Wisconsin Statutes, as from time to
time amended, revised or renumbered:
1. A forfeiture of:
(a) Not more than Five Hundred Dollars ($500.00) if the person has
not committed a previous violation within twelve (12) months of the violation;
(b) Not less than Two Hundred Dollars ($200.00) nor more than Five
Hundred Dollars ($500.00) if the person has committed a previous violation within twelve (12)
months of the violation;
2. Upon default of payment of such forfeiture and cost as imposed, the
violator shall be imprisoned until such forfeiture and costs are paid, not to exceed the maximum
time permitted by law.
3. In addition to and not in lieu of any forfeitures imposed, the Common
Council may suspend and/or revoke any license or permit issued under Janesville General
Ordinance Chapter 5.24, as from time to time amended, revised or renumbered.
C. A court shall suspend any license or permit issued under Sections 134.65, 139.34
or 139.79 of the Wisconsin Statutes or any ordinance adopting those sections as follows:
1. Not more than three (3) days if the court finds that the person committed a
violation within twelve (12) months after committing one previous violation; or
2. Not less than three (3) days nor more than ten (10) days, if the court finds
that the person committed a violation within twelve (12) months after committing two (2) other
violations; or
3. Not less than fifteen (15) days nor more than thirty (30) days, if the court
finds that the person committed the violation within twelve (12) months after committing three
(3) or more other violations.
D. Any person who violates any provision of this ordinance related to the purchasing
of cigarettes, tobacco products, or nicotine products on behalf of, or providing to, any person
who is under 18 years of age shall upon conviction by subject to:
1. A forfeiture of:
!a) Not more than Five Hundred Dollars ($500.00) if the person has
not committed a previous violation within 30 months of the violation.
!b) Not more than One Thousand Dollars ($1,000.00) if the person has
committed 2 previous violations within 30 months of the violation.
(c) Not more than Ten Thousand Dollars ($10,000.00) if the person
has committed 3 or more previous violations within 30 months of the violation.
2. Upon default of payment of such forfeiture and cost as imposed, the
violator shall be imprisoned until such forfeiture and costs are paid, not to exceed the maximum
time permitted by law.
SECTION VIII. This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: March 10, 2014 Motion by: Councilmember Liebert
Second by: Councilmember Severson
APPROVED: Councilmember Aye Nay Pass Absent
Farrell X
Fitzgerald X
Mark A Freitag, City Manager Kealy X
Liebert X
ATTEST: Marklein X
/ Severson X
- Voskuil X
- an Ann Wul City Clerk- Treasure
APPROVED AS TO FORM:
Lam � Q.-SC3:"Z
Tim Wellnitz, Assistant City Attorney
Proposed by: Council President Voskuil
Prepared by: Assistant City Attorney