[Adopted 6-21-2010 by Ord. No. 5-2010 (Sec. 8-1-12 of the
1988 Code)]
[Amended 4-1-2019 by Ord.
No. 1-2019[1]]
The Village Board recognizes that smoking and tobacco products
are hazardous to an individual's health and may affect the health
of nonsmokers/smokers when they are involuntarily in the presence
of smoking and electronic delivery device emissions. Reliable scientific
studies assessed by credible health officials have found that secondhand
tobacco smoke and electronic delivery device aerosol emissions are
a significant health hazard for children, elderly people, and individuals
with cardiovascular disease or impaired respiratory function. Air
pollution caused by smoking and electronic delivery devices is an
offensive annoyance and irritant. Smoking and electronic delivery
device emissions results in serious and significant physical discomfort
to nonsmokers. This article is adopted for the purpose of protecting
the public health, safety, comfort and general welfare of the people
of the Village of Kimberly.
[1]
Editor’s Note: This ordinance also changed the title
of this chapter from "Cigarettes, E-Cigarettes, Tobacco Products and
Smoking" to "Cigarettes, E-Cigarettes, Electronic Delivery Devices,
Tobacco Products and Smoking."
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A community based residential facility, as defined in § 50.01(lg),
Wis. Stats., a residential care apartment complex, as defined in § 50.01(1d),
Wis. Stats., or an adult family home, as defined in § 50.01(1),
Wis. Stats.
A facility operated by a child-care provider that provides
care and supervision for four or more children under seven years of
age for less than 24 hours a day. [§ 49.136(1)(d), Wis.
Stats.]
[Amended 3-5-2012 by Ord.
No. 3-2012]
An electronic cigarette (e-cig or e-cigarette), personal
vaporizer (PV), or electronic nicotine delivery system (ENDS) is a
battery-powered vaporizer which has the feel of tobacco smoking. They
produce a mist rather than cigarette smoke. In general, a heating
element vaporizes a liquid solution known as e-liquid. E-liquids usually
contain a mixture of propylene glycol, glycerin, nicotine, and flavorings.
[Added 1-19-2015 by Ord.
No. 1-2015[1]]
An "electronic delivery device" (e-device) shall mean any
product containing or delivering nicotine or any other substance intended
for human consumption that can be used by a person in any manner for
the purpose of inhaling vapor or aerosol from the product. "Electronic
delivery device" shall include any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen, or under any other product name or descriptor.
[Added 4-1-2019 by Ord.
No. 1-2019]
Any trade, occupation or process of manufacture or any method
of carrying on such trade, occupation or process of manufacture in
which any person may be engaged.
A structure or area that has a roof and more than one wall.
A wall includes any retractable or fixed divider, window, door or
other physical barrier, whether opened or closed, whether temporary
or permanent. A 0.011 gauge screen with an 18 by 16 mesh count is
not a wall.
The person who ultimately controls, governs or directs the
activities aboard a public conveyance or within or at a place where
smoking is regulated under this article, regardless of the person's
status as owner or lessee.
Any enclosed place that employees normally frequent during
the course of employment, including an office, a work area, an elevator,
an employee lounge, a rest room, a conference room, a meeting room,
a classroom, a hallway, a stairway, a lobby, a common area, a vehicle
or an employee cafeteria.
A facility used by an organization that limits its membership
and is organized for a recreational, fraternal, social, patriotic,
political, benevolent or athletic purpose.
Any enclosed place that is open to the public, regardless
of whether a fee is charged, or a place to which the public has lawful
access or may be invited.
An establishment defined in § 254.61(5), Wis. Stats.
Any store or shop in which retail sales is the principal
business conducted.
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe, or any other lighted or heated tobacco or
plant product intended for inhalation, including hookahs and marijuana,
whether natural or synthetic, in any manner or in any form. "Smoking"
shall include the use of an electronic delivery device, which creates
an aerosol or vapor, in any manner or in any form, or the use of any
oral smoking device for the purpose of circumventing the prohibition
of smoking in this article.
[Amended 4-1-2019 by Ord.
No. 1-2019]
Premises owned or rented by or under the control of a school
board.
[Added 9-10-2018 by Ord.
No. 13-2018]
Any stadium, pavilion, gymnasium, swimming pool, skating
rink, bowling center, or other building where spectator sporting events
are held.
Any establishment, other than a restaurant, that holds a
"Class B" intoxicating liquor license or Class "B" fermented malt
beverages license.
Any form of tobacco prepared in a manner suitable for smoking,
but not including a cigarette.
[Amended 9-10-2018 by Ord. No. 13-2018]
[1]
Editor’s Note: This ordinance also changed the original
title of this chapter from Cigarettes, Tobacco Products and Smoking
to Cigarettes, E-Cigarettes, Tobacco Products and Smoking.
[Amended 1-19-2015 by Ord. No. 1-2015; 9-10-2018 by Ord. No. 13-2018; 4-1-2019 by Ord. No. 1-2019]
A.
Except as otherwise provided, no person may smoke or use electronic
delivery devices in any of the following spaces:
(1)
Any enclosed space of a public place or place of employment.
(2)
Areas in Village parks as posted and so designated by the Parks and
Recreation Department, including the athletic field/bleachers and
dugouts, swim beach, playground and swing-set areas, and park rest
rooms.
(3)
Sports arenas.
(4)
Within the outdoor premises of a child-care center when children
who are receiving a child-care service are present.
(5)
Village-owned or leased motor vehicles.
(6)
Within 15 feet from all entry ways of Village-owned buildings and structures, including, but not limited to, parking ramps (if applicable), park pavilions, etc., except open-air facilities. This fifteen-foot minimum requirement does not apply to privately owned buildings under § 221-7D.
(7)
Public forms of transportation, including, but not limited to, motor
buses, taxicabs or other public passenger vehicles.
(8)
No person shall use or possess tobacco, smoking, or simulated smoking
products containing nicotine, as defined above, on premises owned
or rented by, or under the control of, a school board.
[Added 9-10-2018 by Ord.
No. 13-2018]
B.
The prohibition of smoking or the use of electronic delivery devices under Subsection A does not apply to any of the following places:
(1)
A private residence.
(2)
A room used by only one person in an assisted living facility as
his or her residence.
(3)
A room in an assisted living facility in which two or more people
reside if every person who lives in that room smokes and each of those
people has made a written request to the person in charge of the assisted
living facility to be placed in a room where smoking is allowed.
C.
In addition to smoking, the use of e-cigarettes or electronic delivery
devices is prohibited in all Village buildings, Village vehicles,
and at the Sunset Beach Swim Facility.
D.
Possession or purchase of cigarettes, e-cigarettes, electronic delivery
devices and tobacco products by persons under the age of 18 is prohibited.
[Amended 4-1-2019 by Ord.
No. 1-2019]
No person in charge may allow any person to smoke or use electronic delivery devices in violation of § 221-6 at a location that is under the control or direction of the person in charge.
A.
A person in charge may not provide matches, ashtrays, electronic
delivery devices or other equipment for smoking at the location where
smoking is prohibited.
B.
A person in charge shall make a reasonable effort to prohibit persons
from smoking or using electronic delivery devices at a location where
smoking is prohibited by doing all the following:
(1)
Posting signs setting forth the prohibition and providing other appropriate
notification and information concerning the prohibition.
(2)
Refusing to serve a person, if the person is smoking or using an
electronic delivery device in a restaurant, tavern or private club.
(3)
Asking a person who is smoking to refrain from smoking or using an
electronic delivery device and, if the person refuses to do so, asking
the person to leave the location.
C.
If a person refuses to leave a location after being requested to do so as provided in Subsection B(3), the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
D.
The person in charge of a restaurant, tavern, private club, or retail
establishment 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.
A.
No-smoking signs shall include the plainly visible "No Smoking" symbol, consisting of a burning cigarette enclosed in a red circle with a red bar across the cigarette. These signs encompass all types of smoking as specified in § 221-5 and apply to e-cigarettes and the use of electronic delivery devices when applicable.
[Amended 1-19-2015 by Ord. No. 1-2015; 4-1-2019 by Ord. No. 1-2019]
B.
Each sign and the language contained therein shall be clearly visible
from a distance of at least 10 feet and meet the uniform dimensional
requirements specified by the Wisconsin Department of Safety and Professional
Services in accordance with § 101.123(6), Wis. Stats.
A.
The Zoning Administrator or designee and the Chief of Police or designee
shall have the power, whenever they may deem it necessary, to enter
upon the premises named in this article to ascertain whether the premises
are in compliance with this article.
B.
The proprietor, employer or other person in charge of premises regulated
hereunder, upon either observing or being advised of a violation,
shall make reasonable efforts to prevent smoking in prohibited areas
by:
[Amended 4-1-2019 by Ord.
No. 1-2019]
(1)
Approaching smokers who fail to voluntarily comply with this section
and requesting that they extinguish their cigarette or tobacco product
and refrain from smoking or using an electronic delivery device; or
(2)
Refusing service to anyone smoking or using an electronic delivery
device in a prohibited area.
C.
Any person who desires to register a complaint under this section
may contact the Zoning Administrator or the Fox Valley Metro Police
Department.
[Amended 3-5-2012 by Ord.
No. 3-2012]
A.
Intent and construction. The Village of Kimberly finds that it is
in the interest of the health, safety and welfare of the community
to adopt by reference § 101.123, Wis. Stats., and subsequent
amendments, additions and recodifications. It is the intent of the
Village Board that, where there may be conflict between § 101.123,
Wis. Stats., and this article, the most restrictive section shall
apply. This article shall not be construed to mean that progressive
discipline of Village employees for violations of laws, rules and
regulations is only authorized where explicitly provided by ordinance.
B.
Penalty. The penalties provided by § 101.123, Wis. Stats.,
shall be in addition to the penalties provided for violation of this
article when a person has violated both laws. In addition to the penalties
provided by this article and § 101.123, Wis. Stats., any
Village employee who violates any provision of this article or § 101.123,
Wis. Stats., may also be subject to progressive discipline by his
or her employer.
