[HISTORY: Adopted by the Village Board of the Village of
Argyle 8-7-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 533,
Smoking, adopted 7-7-2010 by Ord. No. 7072010 as Title 11, Ch. 3,
Sec. 11-3-9, of the 2005 Village Code, as amended.
The Village Board recognizes that smoking of cigarettes and
tobacco products is hazardous to an individual' s health and may affect
the health of nonsmokers/smokers when they are involuntarily in the
presence of smoking. Reliable scientific studies assessed by credible
health officials have found that secondhand tobacco smoke is a significant
health hazard for children, elderly people, and individuals with cardiovascular
disease or impaired respiratory function. Air pollution caused by
smoking is an offensive annoyance and irritant. Smoking results in
serious and significant physical discomfort to nonsmokers. This chapter
is adopted for the purpose of protecting the public health, safety,
comfort and general welfare of the people of the Village of Argyle,
especially recognizing the health interests of nonsmokers who constitute
a majority of the population.
The following words, terms and phrases, when used in this chapter,
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(1g), Wis. Stats.; a residential care apartment complex, as defined
in § 50.01(6d), 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)(ad), Wis. Stats.].
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.
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 chapter, 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 restroom, 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.[1]
Any store or shop in which retail sales is the principal
business conducted.
Premises owned or rented by or under the control of a school
board.
Burning or holding or inhaling or exhaling smoke from any
of the following items containing tobacco:
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.
[1]
Editor's Note: Section 254.61, Wis. Stats., was repealed and
renumbered in part by 2015 Act 55, effective 7-1-2016. See now §
97.01, Wis. Stats.
A.
Statutory
prohibitions; adoption of state 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 by reference.
B.
Except
as otherwise provided, no person may smoke 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 restrooms.
(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 entryways 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 § 533-4D.
(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.
C.
The prohibition of smoking 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.
D.
In addition
to smoking, the use of e-cigarettes is prohibited in all Village buildings,
the Village Park, and Village vehicles.
E.
Possession
or purchase of cigarettes and tobacco products by persons under the
age of 18 is prohibited.
No person in charge may allow any person to smoke in violation of § 533-3 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 or other equipment for
smoking at the location where smoking is prohibited.
B.
A person
in charge shall make reasonable effort to prohibit persons 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.
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 § 533-2 and apply to e-cigarettes when applicable.
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.
Law enforcement
officers, public health officials, and the Village building inspector
or any of their designees shall have the power, whenever they may
deem it necessary, to enter upon the premises named in this chapter
to ascertain whether the premises are in compliance with this chapter.
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:
