[Adopted as §§ 11-2-5, 11-2-6, 11-2-8 to 11-2-13,
11-2-15 to 11-2-17, of the 2012 compilation of ordinances, as amended
through 5-22-2013]
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the Village of Winneconne in such a
manner as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing public ways.
(1)
No person shall obstruct or interfere with by any means any vehicular
or pedestrian traffic on any public walk, highway, street, alley,
or public thoroughfare for the purpose of disrupting the orderly movement
of such traffic or to impede intentionally or unintentionally the
flow of the vehicular or pedestrian traffic on a public walk, highway,
street, alley, or public thoroughfare or at any public building or
premises, parking lot or structure.
(2)
Any unauthorized or unlawful use of property abutting on a public
street, alley or sidewalk or of a public street, alley or sidewalk
which causes large crowds of people to gather, obstructing traffic
and free use of the streets and sidewalks is a violation of this section.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Winneconne.
To interfere with unobstructed travel by any means, including,
but not limited to, standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any law
enforcement officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including, but not limited to, business or industry parking lots
or shopping malls, without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof, or at any time other than business hours. Under this subsection,
a business place shall include parcels zoned for a commercial/industrial
use or whose primary purpose is for commercial activities.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such be parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited.
(1)
No person shall loiter or prowl in a place, at a time or in a manner
not usual for law-abiding individuals under circumstances that warrant
alarm for the safety of persons or property in the vicinity. Among
the circumstances which may be considered in determining whether such
alarm is warranted is the fact that the person takes flight upon appearance
of a police or peace officer, refuses to identify himself/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances makes it impracticable,
a law enforcement officer shall, prior to any arrest for an offense
under this section, afford the person an opportunity to dispel any
alarm which would otherwise be warranted, by requesting him/her to
identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement officer did not comply with the preceding sentence
or if it appears at trial that the explanation given by the person
was true and, if believed by the law enforcement officer at the time,
would have dispelled the alarm.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building, or any other place
of residence with the unlawful intent to watch, gaze or look upon
the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or place, whether
public or private, without the permission of the owner or person entitled
to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, "loiter" means to, without
just cause, remain in a restaurant, tavern or public building or to
remain upon the property immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in
control thereof.[2]
D.
LOITER
NUISANCE
UNLAWFUL ASSEMBLIES
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
See "loiter" in § 420-3C.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
See “nuisance” in § 420-3C.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An assembly which consists of three or more persons and which
causes such a disturbance of public order that it is reasonable to
believe that the assembly will cause injury to persons or damage to
property unless it is immediately dispersed. An unlawful assembly
includes an assembly of persons who assemble for the purpose of blocking
or obstructing the lawful use by any other person or persons of any
private or public thoroughfares, property or of any positions of access
or exit to or from any private or public building, or dwelling place,
or any portion thereof and which assembly does in fact so block or
obstruct the lawful use by any other person, or persons of such private
or public thoroughfares, property or any position of access or exit
to or from any private or public building, or dwelling place, or any
portion thereof.
E.
Soliciting. No person shall loiter in or near any thoroughfare or
place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested: that
such person is a known prostitute or panderer, that such person repeatedly
beckons to stop or attempts to stop, or engages male or female passersby
in conversation, or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific intent
to induce, entice, solicit or produce another to commit an act of
prostitution. No arrest shall be made for a violation of this subsection
unless the law enforcement officer first affords such persons an opportunity
to explain such conduct, and no one shall be convicted of violating
this subsection if it appears at trial that the explanation given
was true and disclosed a lawful purpose. As used in this subsection:
(1)
"Public place" is an area generally visible to public view and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots, automobiles, whether moving or not, and buildings open to the
general public, including those which serve food or drink or provide
entertainment, and the doorway and entrance to buildings or dwellings
and the grounds enclosing them.
(2)
"Known prostitute or panderer" means a person who, within five years
previous to the date of arrest for violation of this section, had,
within the knowledge of the sworn police officer, been convicted in
any municipal court or circuit court in the State of Wisconsin of
an offense involving prostitution.
F.
Unlawful assemblies. Whoever intentionally fails or refuses to withdraw
from an unlawful assembly which the person knows has been ordered
to disperse is guilty of a violation of this section.
A.
Disorderly conduct prohibited. No person within the Village of Winneconne
shall:
(1)
In any public or private place engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person;
(3)
Indecently expose his or her person;
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Violent and abusive behavior; nonverbal gestures. No person in any
public or private place may engage in any violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
which tends to cause or provoke an immediate disturbance of public
order or tends to disturb or annoy any other person. Such prohibited
conduct also includes nonverbal gestures, signals or gang signs if
said conduct tends to cause or provoke an immediate disturbance of
public order or tends to disturb or annoy any other person.
C.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the Village, or upon any private
property in open view of the public, or in the halls, rooms without
restroom facilities, stairways or elevators of public or commercial
buildings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Disturbance of meetings. No person may disrupt or disturb any congregation,
audience, public meeting or lawful assembly of persons of any kind,
or in concert with others disturb or disrupt such meeting.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him/her from attending any school located within
the Village or any person not a student presently enrolled or not
an employee of such schools or not a parent or guardian of a student,
or not an otherwise "authorized person," shall be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for the purpose previously authorized by the school or their designee;
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel;
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
(4)
Disorderly conduct on public school property.
(5)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person; nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(6)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered in violation
of this section. The published rules and regulations of the school
system are incorporated as if fully set forth herein.
(7)
All entrances to the school buildings referred to in Subsection A shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(8)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a Village summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.
B.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the Village of Winneconne
or upon any School District grounds or within adjacent posted school
zones on any day when such schools are in session.
C.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
D.
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended.
(1)
Loiter. To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a police officer while such police officer
is acting in an official capacity in carrying out his or her duties.
B.
Obstructing or resisting officers.
(1)
It shall be unlawful for any person to obstruct, resist, hinder,
or oppose any member of the police department, or any peace officer
in the discharge of his/her duties.
(2)
It shall be unlawful for any person to interfere with a member of
the Police Department in the discharge of his duties if they fail
to obey a lawful order of a police officer and/or provide false information
concerning his/her identity, which hinders the officer in the discharge
of his/her duty.
(3)
Any person found to violate this section shall be subject to a fine
as determined by the Village Board.
A.
Possession of controlled substances. It is unlawful for any person
to possess a controlled substance, other than a controlled substance
classified in Schedules I and II of the Uniform Controlled Substances
Act under Chapter 961, Wis. Stats., which is a narcotic drug, unless
the substance was obtained directly from, or pursuant to a valid prescription
or order of, a practitioner while acting in the course of his/her
professional practice, or except as otherwise authorized by this Code
of Ordinances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Synthetic cannabinoid prohibited.
(1)
Possession, use and sale are illegal. It shall be illegal for any
person to use, possess, purchase, attempt to purchase, sell, publicly
display for sale or attempt to sell, give or barter any one or more
of the following chemicals whether under the common street or trade
names of "Spice," "K2," "Genie," "Yucutan Fire," "fake" or "new" marijuana,
or by any other name, label, or description:
(a)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenso(c)chromen-1-01 some trade or other names:
HU-210;
(b)
1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018.
(c)
1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073.
(d)
2-((1R,3S)-3-hydroxycyclohexyl)-5-(2-methyloctran-2-yl)phenol
some trade or other names: CP 47, 497 and homologues.
(e)
Or any similar structural analogs.
(2)
Medical or dental use allowed. Acts otherwise prohibited under subsection
shall not be unlawful. Acts otherwise prohibited under subsection,
licensed physician, dentist, or other medical health professional
authorized to direct or prescribe such acts, provided that such use
is permitted under state and federal laws.
C.
Toxic inhalants.
(1)
TOXIC INHALANTS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any glue, paint, gasoline, aerosol, adhesive cement, mucilage,
plastic cement or any similar substance containing one or more of
the following volatile substances:
Acetone;
Benzene;
Butyl alcohol;
Cyclohexanone;
Ethyl acetate;
Ethyl alcohol;
Ethylene dichloride;
Hexane;
Isopropl alcohol;
Methyl alcohol;
Methyl celosove;
Acetate;
Methyl ethyl ketone;
Methyl isobutyl ketone;
Pentachlorphenol;
Petroleum ether;
Trichlorethylene;
Tricresylphosphate;
Toluene;
Toluol; or
Any other chemical capable of producing intoxication when inhaled.
(2)
Inhalation of vapors or fumes from toxic inhalants prohibited. No
person shall inhale or otherwise introduce into his respiratory tract
any toxic vapors or fumes which may be released from any toxic inhalants
with the intent of becoming intoxicated, elated, excited, stupefied,
irrational, paralyzed, or of changing, distorting, or disturbing his/her
eyesight, thinking process, judgment, balance or muscular coordination.
(3)
Limitations on sales, transfer, and possession of toxic inhalants.
No person shall, for the purpose of violating or aiding another to
violate any provision of this subsection, possess, buy, sell, transfer
possession or receive possession of any toxic inhalants.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
In this
section, "drug paraphernalia" shall be defined as provided in § 961.571(1),
Wis. Stats.
B.
Determination
of drug paraphernalia shall be made in accordance with § 961.572,
Wis. Stats.
C.
Prohibited
uses.
(1)
Possession
of drug paraphernalia. No person may use, or possess with the primary
intent to use, drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled substance
or controlled substance analog in violation of this subsection.
(2)
Manufacture
or delivery of drug paraphernalia. No person may deliver, possess
with intent to deliver, or manufacture with intent to deliver, drug
paraphernalia, knowing that it will be primarily used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body
a controlled substance or controlled substance analog in violation
of this chapter.
(3)
Delivery of drug paraphernalia by a juvenile to a juvenile. Any person who is under 18 years of age, who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator, is in violation of this subsection.
(4)
Exemption.
This section does not apply to manufacturers, practitioners, pharmacists,
owners of pharmacies and other persons whose conduct is in accordance
with Ch. 961, Wis. Stats. This section does not prohibit the possession,
manufacture or use of hypodermics, in accordance with Ch. 961, Wis.
Stats.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the
following acts shall be subject to the general penalty as provided
in this Code of Ordinances:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers;
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers;
(4)
Makes repeated telephone calls, during which conversation ensures,
solely to harass any person at the called number or numbers;
(5)
Knowingly permits any telephone under his/her control to be used
for any purpose prohibited by this section;
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
A.
AMBULANCE
AMBULANCE ATTENDANT
AMBULANCE SERVICE PROVIDED
AUTHORIZED EMERGENCY VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
EMERGENCY MEDICAL PERSONNEL
PERSON
Definitions. For the purposes of this section, the following definitions
apply to the terms as used herein:
An emergency vehicle, including any motor vehicle, boat or
aircraft, whether privately or publicly owned, which is designated,
constructed or equipped to transport patients.
A person who is responsible for the administration of emergency
care procedures, proper handling and transporting of the sick, disabled
or injured persons, including but not limited to, ambulance attendants
and ambulance drivers.
A person engaged in the business of transporting sick, disabled
or injured persons by ambulance to or from facilities or institutions
providing health services.
Any of the following:
Police vehicles, whether publicly or privately owned;
Conservation wardens' vehicles or foresters' trucks, whether
publicly or privately owned;
Vehicles of a fire department or fire patrol;
Privately owned motor vehicles being used by deputy state Fire
Marshals or by personnel of a full-time or part-time fire department
or by members of a volunteer fire department while en route to a fire
or on an emergency call pursuant to orders of their chief or other
commanding officer;
Such emergency vehicles of municipal or county departments or
public service corporations as are designated or authorized by the
local authorities to be authorized emergency vehicles.
Such emergency vehicles of state departments as are designated
or authorized by the heads of such departments to be authorized emergency
vehicles;
Such ambulances, publicly owned, as are designated or authorized
by local authorities to be authorized emergency vehicles;
Such ambulances which are privately owned and are operated by
owners or their agents and which vehicles are authorized by the Sheriff
or others designated by the County Board to be operated as emergency
vehicles. The Sheriff or others designated by the County Board may
make such authorization which shall be in writing and which shall
be effective throughout the state until rescinded. The Sheriff or
others designated by the County Board may designate any owner of ambulances
usually kept in the county to operate such vehicles as authorized
emergency vehicles. Such written authorization shall at all times
be carried on each ambulance used for emergency purposes. The Sheriff
shall keep a file of such authorizations in his/her office for public
inspection, and all other persons permitted to issue authorizations
shall file a copy of all authorizations issued with the Sheriff who
shall keep them on file;
Those circumstances wherein the caller reasonably believes
that person(s) and or property may be in actual or potential danger
of injury, and in the case of person(s), in danger of illness.
Any emergency medical personnel, ambulance attendant, peace
officer or firefighter, or other person operating or staffing an ambulance
or an authorized emergency vehicle.
Any individual, firm, partnership, association, corporation,
trust, foundation, company, any governmental agency other than the
United States government, or any group of individuals, however named,
concerned with the operation of an ambulance.
B.
Prohibitions. It is the intent of the Village of Winneconne, in its adoption of this provision, to protect against the foregoing activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-3:
(1)
Knowingly obstructing any emergency medical personnel in the performance
of duties relating to an emergency or rescue;
(2)
Intentionally interfering with any medical personnel in the performance
of duties relating to an emergency or rescue, when it is reasonable
that the interference may endanger another's safety;
(3)
Knowingly making any telephone call to any emergency medical personnel,
police agency or fire department for any purpose other than to report
a bona fide emergency or to make a bona fide request for emergency
services.
A.
Definitions. In this section:
(1)
"Alcohol beverages: has the meaning given in § 125.02(1),
Wis. Stats.
(2)
"Controlled substances" has the meaning given in § 961.01(4),
Wis. Stats.
(3)
"Lodging establishment" has the meaning given in § 106.52,
Wis. Stats.
(4)
"Underage person" has the meaning given in § 125.02(20m),
Wis. Stats.
B.
Improper activities. Any person, who procures lodging in a lodging establishment, and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment, is subject to the penalties provided in § 1-3.
C.
Denial of lodging. An owner or employee of a lodging establishment
may deny lodging to an adult if the owner or employee reasonably believes
that consumption of an alcohol beverage by an underage person, not
accompanied by his or her parent, legal guardian or spouse, who has
attained the legal drinking age, or illegal use of a controlled substance,
may occur in the area of the lodging establishment procured.
D.
Deposits. An owner or employee of a lodging establishment may require
a cash deposit or use of a credit card at the time of application
for lodging.
A.
Purpose. It is recognized that the smoking of cigarettes and tobacco
products is hazardous to an individual's health and may affect the
health of nonsmokers when they are involuntarily in the presence of
smoking.
(1)
Numerous scientific studies have found that tobacco smoke is a major
contributor to indoor pollution.
(2)
Reliable scientific studies, including studies conducted by the Surgeon
General of the United States, have shown that breathing side stream
or secondhand smoke is a significant health hazard to nonsmokers;
particularly to children, elderly people, individuals with cardiovascular
disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease.
(3)
Health hazards induced by breathing side stream or secondhand smoke
include lung cancer, respiratory infection, decreased respiratory
function, decreased exercise tolerance, bronchoconstriction and bronchospasm.
(4)
Reliable studies assessed by the California Environmental Protection
Agency have found that side stream and secondhand tobacco smoke is
a leading cause of premature death and disability among nonsmokers.
(5)
Air pollution caused by smoking is an offensive annoyance and irritant.
Smoking results in serous and significant physical discomfort to nonsmokers.
(6)
This section is adopted for the purpose of protecting the public
health, safety, comfort and general welfare of the people of the Village
of Winneconne, especially recognizing the rights of nonsmokers who
constitute a majority of the population; educating citizens affected
by this section; assisting owners, owners, operators; and managers
in maintaining compliance.
B.
BAR
BUSINESS
EMPLOYEE
EMPLOYER
ENCLOSED AREA
HEALTH CARE FACILITY
PLACE OF EMPLOYMENT
PUBLIC PLACE
SHOPPING MALL
SMOKING
SPORTS ARENA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An establishment that is devoted to the serving of alcoholic
beverages for the 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.
A sole proprietorship, partnership, joint venture, corporation
of other business entity either for-profit or not-for-profit, including
retail establishments where goods and services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered; and private
clubs.
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, and a person who
volunteers his or her services for a nonprofit entity.
A person, business, partnership, association, and corporation,
including municipal corporation, trust or nonprofit entity that employs
the services of one or more individual persons.
All space between a floor and ceiling that is enclosed on
all sides by permanent or temporary walls or windows (exclusive of
doorways), which extend from the floor to the ceiling.
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 specialists within these professions. This definition shall
include all waiting rooms, hallways, private rooms, semiprivate rooms,
and wards within health care facilities.
An area under the control of a public or private employer
that employees normally frequent during the course of employment,
rooms, meeting rooms, classrooms, employee cafeterias, and hallways.
A private residence (including, without limitation, an apartment)
is not a "place of employment" unless it is used as a child care,
adult day-care, or health care facility.
An enclosed area to which the public is invited or in which
the public is permitted, including but not limited to, banks, bars,
educational facilities, gaming facilities, heath care facilities,
hotels and motels, laundromats, public transportation vehicles, and
facilities, reception areas, restaurants, retail food production,
and marketing establishments, retail service establishments, retail
stores, shopping malls, sports arenas, theaters, and waiting rooms.
A private club is a "public place" whether or not open to the public.
A private residence (including, without limitation, an apartment)
is not a "public place" unless it is used as a childcare, adult day-care,
or health care facility.
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, pipe or any other lighted tobacco-smoking equipment
in any manner or in any form.
Sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys, and
other similar place where members of the general public assemble to
engage in physical exercise, participate in athletic competition,
or witness sports or other events.
C.
Prohibitions.
(1)
Smoking is prohibited in enclosed areas of all buildings and facilities
owned or operated by the Village, and also in Village-owned or operated
vehicles, and every Village-owned or operated building shall have
at least one entrance, which is smoke free.
(2)
Smoking is prohibited in all public places within the Village, and
every building which is a public place shall have at least one entrance,
which is smoke free.
(3)
Smoking is prohibited in all places of employment within the Village,
and every building, which is a place of employment, shall have at
least one entrance, which is smoke free. This prohibition on smoking
shall be communicated to all existing employees by the effective date
of this article and to all prospective employees upon their application
for employment.
D.
Declaration of establishment as nonsmoking. Notwithstanding any other provision of this section, an owner, operator, manager or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Subsection F(1) are posted.
E.
Posting of signs.
(1)
"No Smoking" signs of the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) shall be clearly and conspicuously
posted in every place where smoking is prohibited by this section,
by the owner, operator, manager, or other person in control of that
place.
(2)
Every place where smoking is prohibited by this section shall have
posted at every entrance a conspicuous signs clearly stating that
smoking is prohibited.
(3)
All ashtrays shall be removed from any area where smoking is prohibited
by this section by the owner, manager, operator, or other person having
control of the area.
F.
Enforcement.
(1)
This section shall be enforced by the Police Department or an authorized
designee.
(2)
Notice of the provisions of this section shall be given to all applicants
for a business license in the Village at the time of application and
annually thereafter.
(3)
Any citizen who desires to register a complaint under this section
may do so with the Police Department.
(4)
The Police Department or its designees shall, while an establishment
is undergoing otherwise mandated inspections, inspect for compliance
with this section.
(5)
An owner, manager, operator, or employee of an establishment regulated
by this section shall inform persons violating this section of the
appropriate provisions thereof.
G.
Violations and penalties. Any person who smokes in an area where
smoking is prohibited by the provisions of this section shall pay
a penalty as determined by the Village Board that is posted in the
fine schedule.
H.
Clean indoor air.
(1)
Intent and construction. The Village of Winneconne finds that it is in the interests 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 Village Board that where there may be conflict between § 101.123, Wis. Stats., and § 420-13 that the most restrictive section shall apply. This section shall not be construed to mean that progressive discipline of Village Employees for violations of laws, rules, and regulations is only authorized where explicitly provided by ordinance.
(2)
Penalty. The penalties provided by § 101.123, Wis. Stats., shall be in addition to the penalties provided for violation of § 420-13 when a person has violated both laws. In addition to the penalties provided by § 420-13 and § 101.123, Wis. Stats., any Village employee who violates any provision of § 420-13 or § 101.123 Wis. Stats., may also be subject to progressive discipline by his or her employer.
I.
Severability. The provisions of this section are severable. If any
provision of this section is held to be invalid or unconstitutional
or if the application of any provision of this section to any person
or circumstance is held to be invalid or unconstitutional, such holding
shall not affect the other provisions or applications of this section
which can be given effect without the invalid or unconstitutional
provisions or applications. It is hereby declared to be the intent
of the Village Board that this section would have been adopted had
any invalid or unconstitutional provision or applications not been
included herein.
