[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.
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.
ELECTRONIC SMOKING DEVICE
TOBACCO PRODUCT
As used in this article, the following terms shall have the meanings
indicated:
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.
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.
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.
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.
