[HISTORY: Adopted by the Village Board of the Village of Argyle 7-7-2010 by Ord. No. 7072010 as Title 11, Ch. 3, Sec. 11-3-9, of the 2005 Village Code. Amendments noted where applicable.]
This chapter is adopted for the purposes of:
Public health protection. Protecting the public health, general welfare and safety of the people of the Village of Argyle.
Assistance with regulation compliance. Assisting business owners, managers and operators in complying with state law and municipal ordinance requirements.
Clarifying/expansion of state statute. Clarifying and expanding upon Wisconsin's Smoking Ban Law enacted in 2009 by Act 12 under authority of § 101.123(2)(e) and (4m), Wis. Stats., as created by the act.
It is recognized that smoking of tobacco-related products is hazardous to the health of both smokers and nonsmokers who are exposed to smoking.
Scientific studies. Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing secondhand smoke (i.e., sidestream smoke) is a significant health hazard to nonsmokers, particularly to children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory functions, including asthmatics and those individuals with obstructive airway disease.
Health hazards related to smoking. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution. Related health hazards induced by breathing secondhand smoke include bronchoconstriction, lung cancer, bronchospasm, respiratory infection, decreased exercise tolerance, and decreased respiratory function.
Air pollution. Smoking-caused air pollution is an offensive annoyance and irritant, and smoking results in significant and serious physical discomfort to nonsmokers.
The purported health benefits from electronic smoking devices have not been scientifically proven, and use of these devices has not been proven safe, either for their users or for bystanders.
As used in this chapter, the definitions of § 101.123(1), Wis. Stats., are hereby adopted and incorporated herein by reference, except as set forth below. In this chapter, the following terms shall have the meanings indicated in this section:
- ELECTRONIC SMOKING DEVICE
- Any product containing or delivering nicotine or any other
similar substance intended for human consumption that can be used
by a person to simulate smoking through inhalation of vapor or aerosol
from the product. "Electronic smoking device" includes any component
part of such product whether or not sold separately.[Added 9-2-2015]
- ENCLOSED INDOOR AREA
- All space between a floor and a ceiling that is bound 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 count is not a wall for purposes of this chapter.
- VILLAGE BUILDINGS
- All Village-owned or -operated buildings and those portions of buildings leased or operated by the Village of Argyle.
No person may smoke in any of the following:
Statutory prohibitions; adoption of statute. No person may smoke in any place prohibited by § 101.123(2), Wis. Stats. Except as expressly modified by this chapter, the provisions of § 101.123, Wis. Stats., are expressly adopted and incorporated herein by reference.
Enclosed indoor areas. No person may smoke in any enclosed indoor area, as defined in § 533-3 above, in any place prohibited by § 101.123(3), Wis. Stats.
Village buildings/enclosed equipment. No person may smoke in any Village building or enclosed equipment building owned, leased or rented by the Village of Argyle. No person may use an electronic smoking device in any building or enclosed equipment building owned, leased or rented by the Village of Argyle.
School events at Village parks and grounds. No person may smoke while on any Village park or grounds while such facilities are being used for a school-related event by the Argyle Public School District.
Any person managing or in charge of a tavern, restaurant, retail establishment or private club that is subject to this chapter may designate an outside area that is a reasonable distance from the entrance to said establishment where employees, customers and/or other persons associated with the establishment may smoke. The designated outside smoking area shall contain receptacles for trash and cigarette butts and shall be maintained in a neat and orderly manner. All refuse and cigarette butts shall be placed in proper receptacles.
The prohibitions against smoking shall not apply to those places or areas set forth in § 101.123(3), Wis. Stats.
Inspection and enforcement authorities. Law enforcement officers, public health officials and Village building inspectors shall have the authority to enter any premises subject to this chapter and the smoking ban under state law to ascertain whether the premises are in compliance with the requirements of this chapter, and such officials shall take appropriate enforcement action pursuant to this chapter and § 101.123, Wis. Stats.
Violations and penalties. The following penalties shall be applicable for violations of this chapter:
Any person in charge of premises who violates § 101.123(2m), Wis. Stats., shall be subject to those penalties prescribed in § 1-2 of this Code, except that the forfeiture shall be $100. Prior to issuing a citation to a person in charge for a violation of this chapter, enforcement officials shall first issue a written warning notice; once a person in charge has been issued such a warning notice, he/she may be issued citations for subsequent violations of this chapter.
In addition to applicable forfeitures, any person who violates the provisions of this chapter shall pay the costs of prosecution, except for the drug enforcement and crime laboratories' surcharge under § 165.755(1)(a), Wis. Stats. Each day of violation shall constitute a separate offense.
Whenever the provisions of the Wisconsin Statutes and this chapter conflict, the provisions of this chapter shall apply.