On tonight’s council agenda:
45. Amending Sections 23.38 and 1.08 of the Madison General Ordinances to prohibit the possession of nicotine products by a person under age 18.
46. Amending Sections 23.385 and 1.08 of the Madison General Ordinances to prohibit the possession of nicotine products by individuals under the age of 18.
Are individuals and persons different? Why couldn’t they approve 23.38 and 23.385 together? Why is this on the agenda twice, so they can discuss it twice? Let people speak twice? (We know that definitely isn’t the reason!)
Drafters Analysis explains:
45 =
DRAFTER’S ANALYSIS: This ordinance is amended to mirror state statute, to include nicotine products. This ordinance prohibits individuals under the age of 18 from possessing nicotine products. This ordinance also prohibits individuals from providing cigarettes, nicotine products or tobacco products to individuals under age 18. The ordinance creates an exception for possession by individuals aged 15 to 18 that are working in an operation to insure that vendors are not selling these items to individuals under age 18. It also establishes a penalty range.
46 =
DRAFTER’S ANALYSIS: This ordinance mirrors state statute to include nicotine products. It prohibits retailers, employees and manufacturers from providing or selling nicotine products to any person under the age of 18.
It’s a $25 ticket but with court costs and fees it will be over $100. While this sounds like it will prevent kids from smoking, the concern here is that where these ordinances pass, they are used mostly around schools to appease neighbors who complain about people hanging out and smoking and then kids who are addicted to nicotine just stop coming to school because they are addicted to a substance they can’t have and can’t afford they multiple tickets. (Chris Rickert, are you going to write an article about how they can afford the tickets if they can afford the cigarettes?)
