Indoor Vape and E-Cigarette Clarification Made by Plymouth’s Common Council

The Plymouth Common Council approved an amendment to municipal code section 8-1-1, Smoking Prohibited, by adding vaping and e-cigarettes as part of the definition of “smoke of smoking” in order to clarify the use of such electronic delivery devices indoors.

Specifically, the ordinance was amended as follows:

15) “Smoke or Smoking” means burning or holding, or inhaling or exhaling smoke, mist, or vapor from, any of the following items containing tobacco:

1. A lighted cigar.
2. A lighted cigarette.
3. A lighted pipe.
4. Any other lighted smoking equipment.
5. An electronic delivery device, meaning any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol, mist, or vapor from the product. The term includes, but is not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes or cigars, electronic pipes, personal vaporizers, electronic nicotine delivery systems, vape pens, or electronic hookahs.

An electronic cigarette (e-cig or e-cigarette), personal vaporizer (PV), or electronic nicotine delivery system (ENDS) is a battery-powered vaporizer that has the feel of tobacco smoking. They produce a mist rather than cigarette smoke. In general, a heating element vaporizes a liquid solution known as e-liquid. E-liquids usually contain a mixture of propylene glycol, glycerin, nicotine, and flavorings.

The prohibition against smoking, including the use of vape and e-cigarette products, applies to enclosed indoor areas such as child care centers, educational facilities, health care facilities, restaurants, taverns, clubs, retail establishments, common areas of multi-unit residential properties, lodging establishments, government buildings, and all enclosed indoor areas that are places of employment or that are public places. The prohibition also applies to within twelve (12) feet from any enclosed place owned by the City of Plymouth. The current ordinance was adopted in 2010 when the state-wide smoking ban went into effect.
According to news reports, other communities in Wisconsin have adopted various ordinances addressing vaping devices in recent years, including Appleton, Ashwaubenon, Beloit, Janesville, Little Chute, Madison, Milwaukee, Neenah, Onalaska, Reedsburg, and Wausau.