Adams County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-2004 by Ord. No. 60-2004; amended in its entirety 6-20-2017 by Ord. No. 18-2017]
A. 
Except as otherwise specifically provided in this article, the statutory provisions set forth in the following sections of the Wisconsin Statutes, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by incorporation and reference made a part of this article as if fully set forth herein. Any future amendments, revisions, or modifications of the statutory regulations incorporated herein are intended to be made part of this article.
(1) 
Section 134.66, Restrictions on sale or gift of cigarettes or nicotine or tobacco products.
(2) 
Section 254.92, Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.
B. 
Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this article.
The penalty for violation of any provision of this article shall be a forfeiture of a sum identical to the penalty amount as provided in § 134.66(4), Wis. Stats. Where appropriate, license suspension may be imposed in addition to the forfeiture as provided in § 134.66(4)(a)3, Wis. Stats.
[Adopted 3-15-2011 by Ord. No. 04-2011; amended in its entirety 1-15-2019 by Ord. No. 2-2019]
A. 
Authorization. This article is adopted pursuant to the authority provided in Wis. Stats., § 101.123(4m). Wis. Stats., § 101.123, to the full extent that it requires any act to be performed or prohibited, is hereby adopted and incorporated by reference as if fully set forth herein, as a part of this article of the Adams County Code of Ordinances.
B. 
Title. This article may be known as the "Ordinance Prohibiting Smoking and Prohibiting the Use of Tobacco Products on County Property."
A. 
The definitions set forth in Wis. Stats., § 101.123(1), are hereby adopted and incorporated by reference as if fully set forth.
B. 
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term "electronic smoking device" includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. The term "electronic smoking device" includes any component part of a product, whether or not marketed or sold separately.
TOBACCO PRODUCT
Is further defined, for purposes of this article, as any product containing, made, or derived from tobacco or that contains nicotine, whether synthetic or natural, that is intended for human consumption or is likely to be consumed, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. The term "tobacco product" includes, but is not limited to, cigarettes, little cigars, dry snuff, moist snuff/chewing tobacco, and snuff.
Except as otherwise provided, it shall be unlawful for any person to engage in smoking in a sports arena, bus shelter, public conveyance, or in any of the following enclosed places:
A. 
Residence halls or dormitories owned or operated by a college or university.
B. 
Child-care centers.
C. 
Educational facilities.
D. 
Inpatient health care facilities.
E. 
Theaters.
F. 
Correctional facilities.
G. 
State institutions.
H. 
Restaurants.
I. 
Taverns.
J. 
Private clubs.
K. 
Retail establishments.
L. 
Common areas of multiple-unit residential properties.
M. 
Lodging establishments.
N. 
State, city, village, town or County buildings, or on County-owned or -leased property, including County-owned vehicles.
O. 
All enclosed places, in addition to those listed above, that are places of employment or that are public places.
It shall be unlawful for any person to smoke in any County building or facility and on County-owned or -leased property, including County-owned vehicles.
It shall be against County policy for any person to use tobacco products and electronic smoking devices in any County building or facility and on County-owned or -leased property, including County-owned vehicles.
The prohibition against smoking does not apply in the following places:
A. 
All outdoor places not identified in Wis. Stats., § 101.123(2)(d).
B. 
A private residence.
C. 
A room used by only one person in an assisted living facility as his or her residence.
D. 
A room in an assisted living facility in which two or more persons reside if every person who lives in the room smokes and has made a written request to the person in charge of the facility to be placed in a room in which smoking is allowed.
E. 
A designated outside area if, designated by the person in charge, located on the premises of a restaurant, tavern, private club, or retail establishment at a reasonable distance from any entrance.
F. 
Only within fenced-in food stands located at the Adams County Fairgrounds that serve alcohol during County-sponsored events.
G. 
Only more than 30 feet from all County park buildings, facilities, and children's play areas.
A. 
No person in charge may allow any person to smoke in violation of § 332-5 or 332-6 at a location that is under the control or direction of the person in charge.
B. 
No person in charge may provide matches, ashtrays, or other equipment for smoking at any location where smoking is prohibited.
C. 
A person in charge shall make reasonable efforts 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.
D. 
If a person refuses to leave a location after being requested to do so, the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
E. 
A person in charge may take measures in addition to those listed in this section to prevent persons from being exposed to others who are smoking or to further ensure compliance with this article.
F. 
A person in charge of a restaurant, tavern, private club, or retail establishment may designate an outside area where smoking is permitted, located at a reasonable distance from any entrance.
G. 
A person in charge shall make reasonable efforts to ask a person to cease use of tobacco products and electronic smoking devices in any County building or facility and on County-owned or -leased property, including County-owned vehicles.
The Adams County Health and Human Services Department and the Adams County Sheriff's Office shall have the power to enter any premises within their jurisdiction that is subject to this article, to ascertain whether the premises is in compliance with all applicable sections of this article, and may take appropriate enforcement action pursuant to this article, including issuing warning notices and citations for any violation.
A. 
Any person who violates § 332-5 or 332-6 of this article shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation, plus costs.
B. 
Any person in charge who violates § 332-5 or 332-6 of this article shall be subject to a forfeiture of $100 for each violation, plus costs.
C. 
If the person in charge has not previously received a warning notice for violation of § 332-5 or 332-6 herein, the law enforcement officer shall issue the person in charge a warning notice and may not issue a citation.
D. 
No person in charge may be required under Subsection B above to forfeit more than $100 plus costs in total for all violations of § 332-5 or 332-6 occurring in a single day.
E. 
Any person who violates § 332-7 of this article shall be verbally informed of County policy, warned, and instructed to cease use of tobacco products and electronic smoking devices. In the event that the violator continues use after warning, the person in charge may request the violator to leave the County premises.
The repeated violation of this article is hereby declared to be a public nuisance. In addition to any other relief provided under this article, the County may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article. Such application for relief may include seeking a temporary restraining order, temporary injunction, or permanent injunction, plus costs.