[Adopted 9-13-2011 by Ord. No. 2-11]
The purpose of this article is to:
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(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.
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including but not limited to taverns, nightclubs, cocktail lounges,
and cabarets.
Any state-licensed or County-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.
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.
Any person who is employed by any employer for direct or
indirect monetary wages or profit, including those full-time, part-time,
temporary or contracted for from a third party. "Employee" also means
any person who serves as a volunteer for a business or nonprofit entity.
Any person, partnership, limited liability company, corporation,
or other entity, including a public or nonprofit entity, who or which
employs the services of one or more persons.
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 both a roof and more than two
substantial walls.
An office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological,
or psychological conditions, including but not limited to hospitals,
rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, long-term care facilities, homes for the aging
or chronically ill, laboratories, and offices of surgeons, chiropractors,
physical therapists, physicians, psychiatrists, dentists, and all
specialists within these professions. This definition shall include
all waiting rooms, hallways, private rooms, semiprivate rooms, and
wards within health care facilities.
The person, or his or her agent, 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.
Premises owned, rented or leased for temporary or permanent
habitation.
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.
Any store or shop in which retail sales is the principal
business conducted.
Burning, holding, or inhaling or exhaling smoke from any
lighted cigarette, cigar, pipe or similar tobacco product or other
lighted plant product.
Any stadium, pavilion, bleachers, gymnasium, swimming pool,
skating rink, bowling center, or other building where spectator sporting
events are held.
A wall with no opening or with an opening that either does
not allow air in from the outside or is less than 25% of the wall's
surface area.
Any establishment, other than a restaurant, that holds a
"Class B" intoxicating liquor license or Class "B" fermented malt
beverage license.
Any form of tobacco prepared in a manner suitable for smoking,
but not including a cigarette.
A.
Except as otherwise provided, it shall be unlawful for any person
to smoke in public places, including but not limited to the following:
(1)
Public forms of transportation, including but not limited to motor
buses, taxicabs, or other public passenger vehicles.
(2)
Theaters, libraries, museums, auditoriums, and convention halls that
are used by or open to the public.
(3)
Any child-care facility.
(4)
Retail establishments.
(5)
Health care facilities.
(6)
Meeting and conference rooms in which people gather for educational,
business, professional, union, governmental, recreational, political
or social purposes.
(7)
Service lobbies, waiting areas, and the common areas open to the
public of financial institutions, business and professional offices,
and multiunit commercial facilities.
(8)
Self-service laundry facilities.
(9)
Enclosed places of restaurants.
(10)
Enclosed places of bars.
(11)
Enclosed places of malls.
(12)
County buildings.
(13)
Sports arenas, including enclosed places in outdoor arenas.
(14)
Bed-and-breakfast establishments, hotels and motels.
(15)
Educational facilities, both public and private.
B.
The following areas shall not be subject to the smoking restrictions
of this section:
(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.
(4)
A designate 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.
No person in charge may allow any person to smoke in violation of § 403-50 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.
A.
"No Smoking" signs shall include the international "No Smoking" symbol,
consisting of a pictorial burning cigarette enclosed in a red circle
with a red bar across the cigarette, and shall be clearly and conspicuously
posted in every public place and place of employment where smoking
is prohibited by this article. Each sign and the language contained
therein shall be clearly visible from a distance of at least 10 feet.
B.
All ashtrays shall be removed from areas where smoking is prohibited
by this article by the owner, operator, manager, or other person having
control of the area.
A.
The Environment Health Specialist or designee, Public Health Nurse
or designee, and the Price County Sheriff 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 is in compliance
with this article.
B.
Any person who desires to register a complaint under this article
may contact the Environmental Health Specialist, Public Health Nurse,
or the Price County Sheriff's Department.
B.
Any person in charge who violates § 403-51 shall be subject to a forfeiture as provided in Chapter 290 of the County Code for each violation. For violations subject to the forfeiture under this subsection, if the person in charge has not previously received a warning notice for a violation of § 403-51, a law enforcement officer shall issue the person in charge a warning notice and may not issue a citation.
[Amended 4-21-2015 by Ord. No. 1-15]
A.
Intent and construction. The Price County Board of Supervisors 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 County 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 County 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
County 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.
