[Adopted 5-10-2010 by Ord. No. 06-10 (Title 11, Ch. 9, of
the former City Code)]
This article is adopted for the purpose of protecting the public
health, safety, comfort and general welfare of the people of the City
of Prescott, especially recognizing the health interest of nonsmokers.
For purposes of this article, the following terms have the meanings
indicated:
A community-based residential facility, as defined in § 50.01(1g),
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)(b),
Wis. Stats.
The meaning set forth in § 254.61(1), Wis. Stats.
Any licensed or certified child-care facility, including
but not limited to licensed family day care or licensed group day-care
centers, licensed day camps, certified school-age programs, and Head
Start programs.
The meaning set forth in § 139.30(1m), Wis. Stats.
All space between a floor and ceiling that is bounded by
walls, doors, or windows, whether open or closed, covering more than
50% of the combined surface area of the vertical planes constituting
the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
A 0.011 gauge screen with an 18 by 16 mesh court is not a wall.
A doorway and adjacent area which gives direct access to
a building from a contiguous street, plaza, sidewalk, or parking lot.
The meaning set forth in § 155.01(6), Wis. Stats.
The meaning set forth in § 254.61(3), Wis. Stats.
An enclosed indoor area containing common areas and discrete
businesses and stores primarily devoted to the retail sale of goods
and services.
The meaning set forth in § 647.01(6), Wis. Stats.
Smoking is prohibited.
The person or his or her agent who ultimately controls, governs
or directs the activities at a location where smoking is prohibited
or regulated under this article.
An enclosed area controlled by the employer which employees
normally frequent during the course of employment, including but not
limited to common work areas, private offices, employee lounges, rest
rooms, conference and meeting rooms, classrooms, health care facilities,
cafeterias, stairways, hallways, vehicles, and all other enclosed
facilities. A private residence is not a place of employment within
the meaning of this article.
An organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose,
but not for pecuniary gain and which only sells alcoholic beverages
incidental to its operation. The affairs and management of the private
club are conducted by a board of directors, executive committee, or
similar body chosen by the members at an annual meeting. The private
club has established bylaws and/or a constitution to govern the club's
activities. The private club has been granted an exemption from the
payment of federal income tax as a club under 26 U.S.C.A. § 501.
A premises owned, rented, or leased for temporary or permanent
habitation.
Any enclosed area to which the public is invited or in which
the public is permitted. A private residence is not a public place
unless it is used as a child care facility, adult day care facility,
or health care facility.
To inhale, exhale, carry, possess, or control any lighted
cigarette or any lighted tobacco product in any form or in any manner.
The meaning set forth in § 139.75(12), Wis. Stats.
[Amended 10-28-2019 by Ord. No. 08-19]
Except as provided in § 271-10, smoking, vaping and tobacco products in any public place shall be unlawful, including but not limited to the following:
A.
Theaters, libraries, museums, auditoriums, and convention halls which
are used by or open to the public.
B.
Child-care facilities.
C.
Assisted living facilities.
D.
Retail stores.
E.
Health care facilities.
F.
Waiting rooms, hallways, or rooms of health care laboratories.
G.
Waiting rooms, hallways, and rooms in offices of any physician, dentist,
psychologist, chiropractor, optometrist, optician, or other medical
service provider.
H.
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, and other multiple-unit
residential facilities.
I.
Restrooms, lobbies, reception areas, hallways, and other common areas
which are used by or open to the public.
J.
Meeting and conference rooms in which people gather for educational,
business, professional, union, governmental, recreational, political,
or social purposes.
K.
Polling places.
L.
Self-service laundry facilities.
M.
Restaurants.
N.
Bars, taverns, nightclubs, and cocktail lounges.
O.
Common areas of malls, meaning those areas within a mall customarily
accessible to patrons.
P.
City facilities, meaning all City-owned and -operated buildings and
those portions of buildings leased and operated by the City.
Q.
Educational facilities, meaning any building used principally for
educational purposes in which a school is located or a course of instruction
or training program is offered that has been approved or licensed
by a state agency or board.
R.
Sports arenas, meaning sports pavilions, stadiums, gymnasiums, health
spas, swimming pools, roller and indoor ice rinks, bowling centers,
and other similar places where the public assembles to engage in physical
exercise, participate in athletic event competition, or witness a
sporting or other event.
S.
Common areas in bed-and-breakfast establishments, hotels and motels,
and rooms thereof that are rented to guests and designated as nonsmoking
rooms, including lobbies, community rooms, hallways, laundry rooms,
stairwells, elevators, enclosed parking facilities, pool areas, and
restrooms within said facilities.
Smoking shall be unlawful in the following areas:
B.
In the seating areas of all outdoor arenas, stadiums, and amphitheaters,
as well as in the bleachers and grandstands used by spectators at
sporting and other public events, including, without limitation, softball,
football and baseball fields.
C.
Those portions of City parks temporarily posted as no smoking areas
by the Parks and Public Property Committee when necessary for the
public health or safety.
D.
Those areas outside of City facilities that are posted as no smoking
by the City Administrator or his or her designee.
[Amended 9-27-2010 by Ord. No. 11-10]
The following shall not be subject to and are exempt from the
smoking prohibitions of this article:
A.
Signs prohibiting smoking shall be posted conspicuously at every public entrance by the proprietor or other person in charge of each building or structure regulated by §§ 271-7 and 271-8. Signs in specified outdoor areas designated as nonsmoking pursuant to § 271-9 shall be placed so that the general public has reasonable notice of the prohibition. Signs shall contain the international symbol for no smoking and the word "No Smoking."
B.
It shall be unlawful for any person to remove, deface, or destroy
any legally required "No Smoking" sign.
A.
No person in charge may allow any person to smoke at a location that
is under the control or direction of the person in charge.
B.
A person in charge may not provide matches, ashtrays, or other equipment
for smoking at the location where smoking is prohibited.
C.
A person in charge shall make reasonable efforts to prohibit person
from smoking at a location where smoking is prohibited by doing all
of 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 in a restaurant,
tavern or private club.
(3)
Asking a person who is smoking to refrain from smoking and, if the
person refuses to do so, asking the person to leave the location.
A.
Any person who desires to register a complaint under this article
may contact the Prescott Police Department.
B.
No person shall retaliate against a person because that person exercises
any rights afforded by this article.
C.
The City Building Inspector, Fire Department or Police Department
shall have the power, whenever it may deem necessary, to enter a building,
structure, or property regulated under this article to ascertain whether
the premises are in compliance with this article. The above-listed
Departments may issue compliance orders and citations pursuant to
the provisions of this Code.
Nothing in this article shall prevent a proprietor or other
person in charge of any private place from prohibiting smoking in
any indoor or outdoor area under their control.
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by any other law or regulation.
A person who smokes where it is prohibited is subject to a forfeiture
of not less than $100 plus court costs and penalty assessments nor
more than $250 plus court costs and penalty assessments for each violation.
If the person in charge of a facility fails to take any required action
to stop illegal smoking, he or she is subject to a forfeiture of $100
plus court costs and penalty assessments for each violation, but no
more than one penalty per day. If the person in charge has not previously
received a warning notice, then the law enforcement officer must issue
a warning for the first violation in lieu of a citation.
The provisions of this article shall become effective July 5,
2010.
