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Common Council approves ban on vaping in public places

Exceptions made for inside vape shops

Post Date:03/21/2019 11:07 AM

The Common Council unanimously approved a ban on vaping in public places in the city Wednesday. The ban mirrors the ban on smoking in public places, passed in 2005. Like that ban that exempted existing smoke shops, exceptions were made for existing vape shops in the City. Juul device

Alderwoman Cathy Spears first introduced a resolution to ban vaping in public places in the city last December. The city's Board of Health debated the issue for several months. At one point, requesting options from the City Attorney's office on how to exempt vape shops from the ban. The board ultimately rejected those options and forwarded a recommendation to the Common Council to ban vaping in all public places in the city. 

Wednesday night, an amendment to the resolution was made, to exempt vape shops from the ban. That amendment states: "Make an exemption for businesses that ID customers at the door and don't allow anyone under 18 on their premises to allow sampling exclusively of electronic non-combustible products." That amendment passed 12-2.

Vaping will be banned in all other public places in the city that smoking is banned. 

The full resolution states: 

Whereas, e-cigarette are known by many different names. They are sometimes called "e­ cigs", "e-hookahs", "mods", "vape pens", "vapes", "tank systems", and "electronic nicotine delivery systems"; and

Whereas, some e-cigarettes are made to look like regular cigarettes, cigars, or pipes. Some resemble pens, USS sticks, and other everyday items; and

Whereas, e-cigarettes produce an aerosol by heating a liquid that usually contains nicotine - the addictive drug in regular cigarettes, cigars, and other tobacco products, - flavorings, and other chemicals that help to make the aerosol. Users inhale this aerosol into their lungs. Bystanders can also breathe in this aerosol when the user exhales into the air; and

Whereas, e-cigarettes can be used to deliver marijuana and other drugs; and

Whereas, the CDC Report on e-cigarettes and electronic nicotine delivery systems reports that vaping clouds contain high levels of two chemicals known to cause permanent and sometimes fatal lung disease: diacetyl and its chemical cousin, 2,3-pentanedione; and

Whereas, e-cigarettes aerosol ingredients include: nicotine, ultrafine particles, flavorings such as diacetyl; a chemical linked to lung disease, volatile organic compounds such as benzene; which is found in car exhaust and heavy metals such as nickel tin and lead; and

Whereas, diacetyl destroys the lungs' tiniest airways, leading to scar tissue buildup which blocks airflow. Its damage is irreversible; and

Whereas, Appleton has a smoke free indoor air ordinance, outlined in 7-100, that was enacted to protect workers and the public from secondhand smoke;

Now, Therefore Be it Resolved, that the definition of "smoking" be modified to read: "Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated or ignited cigar, cigarettes, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation.

"Electronic Smoking Device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

"Electronic Smoking Device Paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device chargers, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices.

Appleton Communications Coordinator Chad Doran can be reached at (920) 832-5814 or

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