Committee of the Whole Agenda & Packet (PDF)

CITY OF PLYMOUTH, WISCONSIN TUESDAY, APRIL 28, 2026 COMMITTEE OF THE WHOLE MEETING, IMMEDIATELY AFTER FINANCE & PERSONNEL COMMITTEE, COUNCIL CHAMBERS, ROOM 302 CITY HALL, 128 SMITH STREET AGENDA 1. Call to Order and Roll Call 2. Approve the Minutes from April 14, 2026 3. Discussion on an ordinance repealing section 11-3-10 and creating section 11-5-2 of the City of Plymouth code of general ordinances related to underage smoking and vaping 4. Adjourn It is likely a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated me eting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appro priate aids and services. For additional information or to request this service, please contact the City of Plymouth ADA Coordinator Leah Fe derwisch, located in the Plymouth Utilities office at 900 County Road PP, Plymouth, WI or call 920-893-3853. CITY OF PLYMOUTH, WISCONSIN TUESDAY, APRIL 14, 2026 COMMITTEE OF THE WHOLE MEETING, COUNCIL CHAMBERS, ROOM 302 CITY HALL, 128 SMITH STREET UNOFFICIAL MINUTES 1. Call to Order and Roll Call: Mayor Pohlman called the meeting to order. On the call of the roll, the following were present: Angie Matzdorf, Diane Gilson, Mike Penkwitz, John Binder, Jeff Tauscheck, Dave Herrmann, Dana Haucke and Kevin Sande. Also present: City Administrator/Utilities Manager Tim Blakeslee, Director of Public Works Cathy Austin, Police Chief Ken Ruggles, and City Clerk/Deputy Treasurer Anna Voigt. 2. Approve the Minutes from March 31, 2026: Motion was made by Gilson/Sande to approve the minutes for March 31. A unanimous aye vote was cast. Motion carried. 3. Discussion on Ordinance 7 of 2026: Repealing and Recreating Ordinance Title 8 Chapter 3 Related to Refuse Disposal and Collection: Director Austin explained the ordinance updates are to incorporate the DNR’s revised recycling ordinance. Pohlman asked if the average residential user will see a rise in fees. Austin stated no not from this Ordinance. Binder stated that he hopes compost will be added to 8-3-5 in the future. 4. Discussion on Dog Park Improvement Donation Project: Gentine presented and updated the committee on the dog park project. The Plymouth Downtown Arts and Merchants have partnered with Plymouth Advancement Association. Sande asked if the EWF product is permeable. Gentine stated that part of the reason you use EWF is that everything goes down, but he isn’t certain what the soils are underneath. Gilson asked how often the chips had to be replaced. Gentine explained it had to be top dressed every few years. Binder asked if there is a concern of the dog park being crowded. Blakeslee stated that if it becomes to crowded the City will make changes. Matzdorf asked how long the park would be closed during construction. Gentine thought it would be for about 2 months. Matzdorf suggested starting to spread the word now. Gilson asked who will be maintaining the park. Blakeslee stated that the City currently maintains it. The Plymouth Advancement Association would do the project and donate it back to the City. Committee encouraged the Plymouth Advancement Association to move forward with the project. 5. Discussion on Sign Code related to Projecting Signs: Blakeslee explained that part of the Henry Christopher Hotel project at the former 52 Stafford hotel, the developers have proposed two projecting signs for the property. The two signs proposed do not meet code. Staff gave a few options: revising projecting sign ordinance to allow larger signs and internal illumination, including differentiating projecting signs from marquee signs in the ordinance, or creating special exception language for sign applications. The committee directed staff to take it to Plan Commission. 6. Adjourn: Motion was made by Matzdorf/Binder to adjourn the meeting. A unanimous aye vote was cast. Motion carried. Kenneth Ruggles Chief of Police Phone: 920-893-6541 Fax: 920-892-6143 Web: www.plymouthgov.com 128 Smith Street P.O. Box 218 Plymouth, WI 53073-0218 TO: Committee of the Whole FROM: Ken Ruggles, Chief of Police DATE: 22 April 2026 RE: Update of Municipal Code regarding Smoking, Tobacco and Vaping Repealing Section 11-3-10 and creating Section 11-5-2 Staff is requesting to update the City of Plymouth municipal code regarding smoking and tobacco. In recent years we have seen decreasing use of tobacco products by teenagers. However, they are increasingly turning to vaping devices containing nicotine or hemp/CBD solutions. Wisconsin did not adopt the “Federal 21” law making it illegal to purchase tobacco products under the age of 21. Wisconsin State Statute 254.92 still uses the age of 18. The current city ordinance 11-3-10 does not address vaping devices or the possession of nicotine gum or lozenges under the age of 18. Additionally, we are seeing increasing use of hemp, CBD and marijuana based vaping devices that are not prohibited under current State law or local ordinance. These vape devices are purported to contain less than the 0.3% Delta-9 THC prohibited by state law. Because they are not prohibited under the current marijuana laws and they are not tobacco, a loop hole exists regarding these products and their use by minors. The proposed new ordinance, Section 11-5-2, will make it a violation for anyone under the age of 18 to purchase or possess cigarettes, tobacco, nicotine products or vaping devices anywhere in the city. Vaping devices are defined by the new ordinance in such a manner as to include all those that contain nicotine or other products (hemp, CBD and marijuana) for inhalation or consumption. This modification will allow the police department to enforce not only the sale of tobacco, nicotine and vaping devices, but also the possession of these products by persons under the age of 18 years. Current citation for Smoking Prohibited in Public costs $98.80, a second or subsequent offense within one year is $187.00. Staff recommends keeping a similar fine schedule for the new possession violations. CITY OF PLYMOUTH, WISCONSIN Ordinance No. _____ of 2026 AN ORDINANCE REPEALING SECTION 11-3-10 AND CREATING SECTION 11-5-2 OF THE CITY OF PLYMOUTH CODE OF GENERAL ORDINANCES RELATED TO UNDERAGE SMOKING AND VAPING WHEREAS, the use of tobacco products, smoking, and vaping devices have been determined to pose significant health risks, particularly to minors, including exposure to second hand smoke and chemical toxins; and WHEREAS, schools are responsible for providing a safe, healthy, and conducive learning environment for students, staff, and visitors on all school property; and WHEREAS, the presence of smoking , vaping, nicotine products, or tobacco use on school grounds or by minors undermines public health objectives; and WHEREAS, regulating smoking and the use of tobacco and nicotine products and vaping devices by minors is necessary to promote consistent enforcement and protect public health. NOW, THEREFORE , the Common Council of the City of Plymouth, Wisconsin, does hereby ordain as follows: Section 1. Repealing Code. Section 11-3-10 , Smoking Prohibited, is hereby repealed in its entirety. Section 2. Creating Code. Section 11-5- 2, Purchase and Possession of Tobacco Products and Vaping Devices, is hereby created to read as follows: “Sec. 11-5-2 – Purchase and possession of cigarettes, tobacco products, nicotine products, and vaping devices. (a) Definitions. As used in this section, the following terms shall have the meanings indicated: (1) Cigarette. Any roll of tobacco wrapped in paper or any substance other than tobacco. (2) Nicotine product. A product that contains nicotine and is not any of the following: a. A tobacco product. b. A cigarette. c. A product that has been approved by the U.S. food and drug administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose. Page 2 of 3 (3) Smoking. Carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. (4) Tobacco Products. Cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready -rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. (5) Vaping Device. Any noncombustible product, that may or may not contain nicotine, that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices and shall: a. Include any vapor cartridge, solution or container, that may or may not contain nicotine and that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices. b. Exclude any products regulated by the United States Food and Drug Administration under chapter V of the Food, Drug and Cosmetic Act. (b) Regulation of cigarettes, tobacco products, and vaping devices on school grounds. No person may smoke or use any tobacco products or vaping devices, either indoors or outdoors, at any school building or on any school grounds which are owned by, rented by, or under the control of the Plymouth Joint School District, including those portions of the street right - of-way (including street pavement, curb, parkway and sidewalk) of all streets abutting on school grounds. (c) Purchase or Possession of Cigarettes, Tobacco Products , Nicotine Products, or Vaping Devices. (1) Wis Stat. § 254.92, Purchase or possession of cigarettes, nicotine products, and tobacco products, by person under 18 prohibited, is adopted and made a part of this article by reference. (2) No person under the age of 18 may purchase, attempt to purchase, or possess vaping devices or gum or lozenges containing nicotine in the City of Plymouth, unless possession is for the sole purpose of resale in the course of employment during working hours if employed by a retailer. (3) No person under the age of 18 may false represent his or her age for the purpose of receiving a vaping device or gum or lozenges containing nicotine. Page 3 of 3 (4) No person may purchase cigarettes, nicotine products, tobacco products, a vaping device, or gum or lozenges containing nicotine on behalf of, or to provide to, any person who is under 18 years of age. (d) The defenses provided in Wis. Stat. § 134.66(3)(a) -(c) shall also be defenses under this section for the sale of cigarettes, tobacco products , nicotine products, vaping devices, or gum or lozenges containing nicotine.” Section 3. Severability. Should any portion of this Ordinance or the affected Municipal Code Section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder shall not be affected. Section 4. Effective Date. This Ordinance shall take effect the day after posting. Enacted on April _______, 2026. CITY OF PLYMOUTH By: DONALD O. POHLMAN, Mayor Date: _________________________, 2026 CLERK’S CERTIFICATE OF ENACTMENT I hereby certify that the foregoing Ordinance was duly enacted by the City of Plymouth Common Council and approved by the Mayor on the dates indicated above. Dated: ____________________, 2026 ____________________________ ANNA VOIGT, Clerk C:9431\460187.docx