2020-783 REVISED FILE ORDINANCE NO. 2020-783
An ordinance increasing the legal age for smoking and vaping, and for the sale, purchase, and
possession of tobacco, and tobacco and vaping related products and items, to 21, with penalties and
other relief for violations thereof as set forth in J.G.O. 5.24.090 and 9.54.090, as applicable.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. All references to age "18" in Janesville General Ordinance Chapters 5.24 and 9.54 shall
be and hereby are increased to "21"; effective immediately upon adoption of this file ordinance.
SECTION II. All references to "child" and "children" in Janesville General Ordinance Chapters 5.24
and 9.54 shall be and hereby are amended to read "underaged person" and "underaged persons"
respectively, as applicable; effective immediately upon adoption of this file ordinance.
SECTION III. Section 5.24.010 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
"5.24.010 Definitions A. The definitions provided in Sections 134.65 and 134.66 of the
Wisconsin Statutes, as from time to time amended, revised or renumbered, pertaining to
licensing, restrictions, and prohibitions on the distribution, purchase, possession, and use of
cigarettes, tobacco, tobacco related, and vaping, materials and products of all kinds, are
hereby adopted by reference and incorporated herein as if fully set forth. This includes
disposable vaping equipment and items.
B. This Chapter shall apply to "vaping" and incorporates by reference as if fully set forth
herein all federal laws and codes concerning vaping, sales, distribution, possession, and use of
vaping items, products, and materials, including, but not limited to, disposable vaping
equipment and items, with the minimum lawful age of 21."
SECTION IV. 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, Possession, and Use of Cigarettes, Nicotine
Products, Tobacco, Tobacco Related, and Certain Vaping Products by Underaged
Persons.
Except as provided elsewhere in this chapter, no underaged person (person under the age of
21) may do any of the following:
A. Buy or attempt to buy any cigarette, nicotine product, or tobacco product, or vaping
product, object, or item of any kind, including, but not limited to, those prohibited by
federal or state law, and disposable vaping equipment and items.
B. Falsely represent his or her age for the purpose of receiving any cigarette, nicotine
product, or tobacco product, or vaping product prohibited by federal or state law.
C. Possess any cigarette, nicotine product, tobacco product, or vaping product, object, or
item, including, but not limited to, those prohibited by federal or state law, and
disposable vaping equipment and items.
SECTION V. This file ordinance shall take effect immediately, the public health, welfare, and
safety so requiring.
ADOPTED: February 24, 2020 Motion by: Williams
Second by: Farrell
APPROVED: Councilmember Aye Nay Pass Absent
O1 Benson X
Conley X
Mark A. F eitag, City Manager Farrell X •
Gruber X
ATTE Marklein X
Williams X
Wolfe X
vid T. Godek, City Clerk-Treasurer
APPROVED AS TO FORM:
_/a.let/W
Wald Klimczyk ,City Attorney
Proposed by: Council President Gruber
Prepared by: City Attorney