2015-609 ORDINANCE NO. 2015-609
An Ordinance prohibiting the use of electronic smoking devices and smoking in or near certain
City and School District property with penalties as set forth in newly created J. G.O. 8.76.040
and 8.74.070.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 8.76 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
Chapter 8.76
PROHIBITION ON USE OF ELECTRONIC SMOKING DEVICES
Sections:
8.76.010 Intent and purpose
8.76.020 Definitions
8.76.030 Prohibition on Use of Electronic Smoking Devices
8.76.040 Violation — Penalty
8.76.010 Intent and purpose. The Common Council of the City of Janesville
hereby find that:
A. While electronic smoking devices are currently unregulated by the United States
Food and Drug Administration, the use by and sale to children of electronic smoking devices
containing nicotine ( "nicotine products ") is prohibited by Wisconsin law and Janesville
ordinance.
B. Several other states, counties, and municipalities have already taken action to
prohibit the use of electronic smoking devices in certain locations.
C. This Chapter incorporates by reference as if fully set forth herein verbatim the
factual findings of the states, counties, and municipalities that have investigated, documented,
and /or made independent findings and conclusions concerning the health effects and concerns
arising from and /or pertaining to the use of electronic smoking devices.
D. The American Cancer Society Cancer Action Network advocates for smoke -free
laws, including electronic smoking devices and supposed nicotine -free electronic smoking
devices, in all workplaces to protect workers and the public form the harmful effects of
secondhand exposure and states that preliminary studies indicate that nonusers can be exposed to
the same potentially harmful chemicals as users, including nicotine, ultrafine particles and
volatile organic compounds, which could be especially problematic for children, pregnant
women, and people with heart disease.
E. A 2009 study by the United States Food and Drug Administration found cancer -
causing substances in several of the electronic smoking devices tested and found nicotine in
some electronic smoking devices that claimed to contain no nicotine.
,
F. This ordinance is adopted for the purpose of protecting the public health, safety,
comfort and general welfare of the people of the City of Janesville, especially recognizing the
rights of those who do not use electronic smoking devices, who constitute a majority of the
population; educating citizens affected by this ordinance; and assisting individuals in
maintaining compliance.
8.76.020 Definitions. For the purposes of this chapter:
A. "Electronic smoking device" means any product containing or delivering
nicotine or any other substance intended for human consumption that may be used by a person to
simulate smoking through inhalation of vapor or aerosol from the product. This includes any
such device whether manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar,
e -pipe, e- hookah, or vape pen, or under any other product name or descriptor.
B. "School buildings" are buildings under the control of a school board.
8.76.030 Prohibition on Use of Electronic Smoking Devices No person may use
an electronic smoking device in any of the following locations:
1. City or School buildings or within 25 feet of an entrance to a City or School
building.
2. Anywhere on the property of the Janesville Senior Center or Hedberg Public
Library.
3. City bus shelters.
4. City buses.
5. City pools, which shall include the entire fenced in area around the pools.
6. City splash pads, which includes the wet and dry deck.
7. City skate park, which shall include the entire cement area around the skate
park.
8.76.040 Violation -- Penalty. Any person who violates any provision of this
Chapter shall be subject to a forfeiture of not less than One Hundred Dollars ($100) nor more
than Two Hundred Fifty Dollars ($250) for each violation together with the costs of prosecution,
for each offense, or, in default of payment of such penalty shall be imprisoned for no more than
sixty days for each violation in addition to such other penalties, remedies, sanctions and relief as
may be, from time to time, provided by law.
SECTION II. Section 8.74.040(B) of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
8.74.040 Prohibition Against Smoking.
B. No person may smoke at any of the following outdoor locations:
1. Anywhere on the premises of a child care center when children who are
receiving child care services are present.
2. Anywhere on the grounds of a Type 1 juvenile correctional facility.
3. A location that is 25 feet or less from a residence hall or dormitory that is
owned or operated by the Board of Regents of the University of Wisconsin System.
4. A location that is 25 feet or less from an entrance to a City building or
anywhere on the property of the Janesville Senior Center or Hedberg Public Library. If a
restaurant, tavern, private club, or retail establishment is located within this area the person in
charge of such establishment may designate an outside area that is a reasonable distance from
any entrance to the establishment where customers, employees, or persons associated with the
establishment may smoke.
5. At a City splash pad, which includes the wet and dry deck, or at the City
skate park, which shall include the entire cement area around the skate park. If a restaurant,
tavern, private club, or retail establishment is located within this area the person in charge of
such establishment may designate an outside area that is a reasonable distance from any entrance
to the establishment where customers, employees, or persons associated with the establishment
may smoke.
ADOPTED: June 22, 2015 Motion by: Gruber
Second by: Liebert
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
Deupree X
Farrell X
Mark Fr itag, City Manager Gruber X
Liebert X
ATT. " : Marklein X
i _ _....._.,____ Tidwell X
//".
David T. Godek, City Clerk- Treasurer
APPROVED AS TO FORM:
Tim Wellnitz, Assistant City Attorney
Proposed by: City Manager's Office
Prepared by: Assistant City Attorney