[HISTORY: Adopted by the Common Council of the City of Bayfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2010 by Ord. No. 352]
Section 101.123 of the Wisconsin Statutes, as amended by 2009 Wisconsin Acts 12 and 185, which prohibits smoking in specified places, and any future amendments to said section, are hereby adopted and incorporated herein by reference, to apply to such places located within the city limits of the City of Bayfield.[1]
[1]
Editor's Note: Ordinance No. 403, adopted 3-15-2023, provided that the definitions within that ordinance, found below in § 333-3, shall supersede the definitions in § 101.123, Wis. Stats.
[Adopted 3-15-2023 by Ord. No. 403]
A. 
The City of Bayfield is committed to providing safe and healthy environments. This is recognized by City Council Resolution No. 573, Health in All Policies, passed in August 2020.
B. 
Commercial tobacco use is the leading cause of preventable death and disease in the U.S.
C. 
Exposure to secondhand smoke has negative health impacts, and the U.S. Surgeon General has determined there is no risk-free level of exposure to secondhand smoke.
D. 
Electronic smoking devices, more commonly referred to as "electronic cigarettes" or "e cigarettes," typically contain nicotine, which is highly addictive, and their use:
(1) 
Often closely resembles and purposefully mimics the act of smoking;
(2) 
Produces an aerosol or vapor of undetermined and potentially harmful substances;
(3) 
Is increasing among both adults and youth;
(4) 
Is especially concerning among youth because of the negative impacts of nicotine on the developing adolescent brain;
(5) 
Threatens to renormalize smoking, potentially jeopardizing tobacco control efforts of the past and present; and
(6) 
Creates confusion and leads to difficulties enforcing smoking prohibitions.
E. 
Tobacco products, including electronic smoking devices, consumed in outdoor public places are often discarded on the ground as an environmental blight, diminishing the beauty of recreational areas, requiring additional maintenance expenses to clean up, and posing a fire risk as well as risk to human and animal health through potential ingestion and contamination of water sources.
F. 
The tobacco industry advertises at and sponsors recreational events to foster a connection between tobacco use and recreation.
G. 
The City of Bayfield believes parents, coaches, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make.
H. 
The City of Bayfield recognizes that nicotine is an addictive substance and tobacco use cessation is a process.
I. 
The City of Bayfield believes commercial tobacco use is detrimental to the public's health and has determined that prohibiting the use of tobacco products, including electronic smoking devices, in all City recreational areas serves to protect the public's health, safety and welfare.
As used in this article, the following terms shall have the meanings indicated:
ALL TIMES
24 hours a day, seven days a week.
ELECTRONIC SMOKING DEVICE
Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
PUBLIC EVENT
An event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.
RECREATIONAL AREA
All facilities, parks, trails, open space, and other property which is owned, leased, rented, contracted, used, or controlled by the City of Bayfield for recreation and public use. The term includes, but is not limited to, parks, restrooms, spectator and concession areas, playgrounds, athletic fields, beaches, picnic areas, walking paths, hiking trails, bike paths, boat launches, docks, and marinas. Boats moored at docks are considered private property and are not subject to the provisions of this article. Recreation areas include:
A. 
Big Ravine Trails.
B. 
Washington Avenue Lake Access/Beach.
C. 
City Dock: effective January 1, 2024.
D. 
Memorial Park Walkway: Annex and Jake's Triangle Park.
E. 
Apostle Islands Marina: effective January 1, 2024.
F. 
Turning Point Fountain Park.
G. 
East Dock Park.
H. 
L.E. Building grounds.
I. 
Halvor Reiten Park (includes parking area).
J. 
Ernie LaPointe Boat Launch and restroom/park area.
K. 
Cooper Hill Park.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, nicotine, or plant product intended for inhalation, including hookah and marijuana, whether natural or synthetic. "Smoking" also includes the use of an electronic smoking device.
TOBACCO PRODUCT
A. 
Means:
(1) 
Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) 
Any electronic smoking device as defined in this article and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or,
(3) 
Any component, part, or accessory of Subsection A(1) or (2), whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
B. 
"Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.[1]
TOBACCO USE
The act of smoking or the use of any other tobacco product in any form.
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
A. 
Tobacco use is prohibited at all times in or on all recreational areas as defined under § 333-3.
B. 
In accordance with § 101.123(4m), Wis. Stats., the person in charge of a restaurant, tavern, private club, or retail establishment located in an area subject to this article may designate an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke.
C. 
It is not a violation of this article to use sacred tobacco in or on recreational areas as part of a Native American religious, spiritual, or cultural ceremony or practice.
A. 
Signage will be posted at strategic locations to inform the community and recreational area users about this article.
B. 
City staff and volunteers will be notified about this article and their responsibilities through the employee manual.
C. 
The success of this article depends on the consideration and cooperation of all. Therefore, article implementation is focused on encouraging compliance. Implementation and enforcement of the article is a shared responsibility of City leaders, staff and recreational area users. City staff will communicate the article to event organizers.
D. 
Organizers and attendees at public events at recreational areas are required to abide by this article. Event organizers are responsible for communicating and seeking compliance of the prohibitions in this article.
E. 
Any individual found violating this article will be reminded and asked to comply before being asked to leave the recreational area.
If any provision of this article, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision of this article that can be given effect without the invalid provision or application. Each invalid provision or application of this article is severable.