City of Middleton ORDINANCE NO. O1496


WHEREAS, Electronic nicotine delivery systems and electronic smoking devices provide an alternative smoking experience to tobacco cigarettes, but 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. Electronic smoking devices 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, Electronic smoking devices have been proven to emit nicotine, ultra-fine particles, volatile organic compounds and other toxins. Nicotine has been found to cause adverse health effects, particularly in children and adolescents. Exposure to ultrafine particles are 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, Electronic smoking devices which contain nicotine can create or sustain a nicotine addiction. Nicotine is an addictive and harmful substance. Electronic smoking devices can pose health risks from which minors should be protected.

1. Section 6.09(2) of the City of Middleton Code of Ordinances is hereby amended to read as follows:
“2) Definitions
In this section:
(a) Except as otherwise provided herein, the definitions set forth in Wis. Stats. § 101.123 as in effect on July 5, 2010 are hereby adopted and incorporated by reference as if fully set forth herein.
"Electronic smoking device" means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term shall include such devices whether they are manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other product name.
“Service line,” means any area indoors or outdoors which is open to the public in which one (1) or more persons are waiting in line to purchase, order or otherwise receive a service or good of any kind, whether or not the service involves the exchange of money, including, but not limited to ATM lines, concert lines, food vendor lines, movie ticket lines and sporting event lines or waiting for public transportation. The term “service line” does not include lines in which people wait in their vehicle such as a line for drive-through service or car wash.
"Smoking" or “to smoke” in addition to the meaning set forth in Wis. Stats. §101.123, includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form or the use of any oral smoking device.”

The above and foregoing ordinance is duly adopted by the Middleton Common Council at a regular meeting held on the 20th day of August 2019.


ATTEST: Gurdip Brar, Mayor

Lorie J. Burns, City Clerk

First Reading: Suspend Rules 08/20/19
Ayes: 8
Noes: 0
Adopted: 8/20/19
Published: 8/29/19

4818-4157-0971, v. 1

Copyright © 2019 City of Middleton. All Rights Reserved.
7426 Hubbard Ave, Middleton, WI 53562