Vaping ban ordinance put on village table

The Village of Fredonia will soon consider whether to adopt an ordinance that would ban the purchase and use of vaping products by minors.

It would likely mirror a proposed Ozaukee County ordinance that received the recommendation of the county’s Public Safety Committee on May 17.

The county ordinance only applies to the Northern Ozaukee School District and St. Francis Borgia School in Cedarburg, County Administrator Jason Dzwinel said. Other schools in the county are covered by municipal ordinances.

If approved by the County Board, the ordinance would ban the purchase, use or possession of nicotine products by people younger than 18.

Under the proposed ordinance, violators could face a forfeiture of $50.

Undersheriff Christy Knowles said currently only tobacco is prohibited by county ordinances, not nicotine.

A proposal for the village to adopt a similar version of the ordinance was suggested by Trustee and Ozaukee County Supr. Joshua Haas May 17.

Haas said part of the impetus for Ozaukee County to craft its vaping ordinance is an issue with vaping at NOSD. He added that the issue is made worse by some students using THC vape products, not just nicotine products.

Knowles said there is a problem with vaping at NOSD and students do not seem phased by penalties imposed by the district.

She added that some students avoid enforcement in schools by removing vape cartridges from devices before entering school grounds.

Ozaukee County Corporation Counsel Rhonda Gordon said cartridges can be confiscated at school but not devices.

Knowles said her department hopes issuing tickets for violations would make a difference.

Without a municipal ordinance banning the use of vaping devices among minors, Haas said, the Village Marshal’s Office cannot issue tickets to violators.

Haas noted that while the Ozaukee County Sheriff’s Office responds to most incidents at NOSD it might still be useful for the village to enforce the policy.

Using the county’s ordinance as a template, Haas asked if the marshal’s office could present a municipal ordinance that would ban vaping among minors.

Officer Eric Leet said he saw no problem in the village creating its own ordinance and that it could help local officers enforce the law.

“For something like that, it’s always better to have something in place in case it is needed rather than trying to scramble,” he said.

Leet noted that Port Washington has a similar vaping ordinance and Marshal Mike Davel, also a Port Washington police captain, will likely present a recommendation to the Village Board based on existing ordinances from Port and the county.

A date to consider the proposed ordinance was not discussed.

Village President Don Dohrwardt said currently the village does not have the jurisdiction to ticket violators for underage vaping underage but localizing the county’s ordinance would make that possible.

“That would allow them to write tickets on our ordinance,” he said.