City of Mayville, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Mayville as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-13-1989 by Ord. No. 695-89 as §§ 12.03 and 12.15 of the 1989 Code]

§ 182-1 Cigarette retailer license.

[Amended by Ord. No. 927-2002]
A. 
Required. No person shall sell cigarettes in the City without first obtaining a license from the City Clerk. The provisions of § 134.65, Wis. Stats., are hereby adopted and made a part of this section by reference.
B. 
License fee. The license fee shall be as set by the Common Council.

§ 182-2 Purchase and possession by minors.

[Added by Ord. No. 759-92 (§ 9.24 of the 1989 Code)]
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
CIGARETTE
Any roll of tobacco wrapped in paper or any substance other than tobacco.
LAW ENFORCEMENT OFFICER
Any person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he is employed to enforce.
TOBACCO PRODUCTS
Cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; and refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, but "tobacco products" does not include cigarettes, as defined above.
B. 
Except as provided in Subsection C, no person who is less than 18 years of age may do any of the following:
(1) 
Buy or attempt to buy any cigarette or tobacco product.
(2) 
Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
(3) 
Possess any cigarette or tobacco product.
C. 
A child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.
D. 
A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B committed in his or her presence.
E. 
Any person who violates the provisions of this section shall be subject to a penalty as provided in § 182-4 of this article.

§ 182-3 Sale to minors.

[Added 5-12-2003 by Ord. No. 942-2003 (§ 9.25 of the 1989 Code)]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CIGARETTE
Has the meaning given in § 139.30(1m), Wis. Stats.
DISTRIBUTOR
Any of the following:
(1) 
A person specified under § 139.30(3), Wis. Stats.
(2) 
A person specified under § 139.75(4), Wis. Stats.
IDENTIFICATION CARD
Any of the following:
[Amended 3-10-2008 by Ord. No. 1006-2008]
(1) 
A license containing a photograph issued under Ch. 343, Wis. Stats.
(2) 
An identification card issued under § 343.50, Wis. Stats.
JOBBER
Has the meaning given in § 139.30(6), Wis. Stats.
MANUFACTURER
Any of the following:
(1) 
A person specified under § 139.30(7), Wis. Stats.
(2) 
A person specified under § 139.75(5), Wis. Stats.
RETAILER
Any persons licensed under § 134.65(1), Wis. Stats.
SCHOOL
Has the meaning given in § 118.257(1)(d), Wis. Stats.
STAMP
Has the meaning given in § 139.30(13), Wis. Stats.
SUBJOBBER
Has the meaning given in § 139.75(11), Wis. Stats.
TOBACCO PRODUCTS
Has the meaning given in § 139.75(12), Wis. Stats.
VENDING MACHINE
Has the meaning given in § 139.30(14), Wis. Stats.
VENDING MACHINE OPERATOR
Has the meaning given in § 139.30(15), Wis. Stats.
B. 
Restrictions.
(1) 
No retailer, manufacturer or distributor may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in § 254.92(2), Wis. Stats. A vending machine operator is not liable under this subsection for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
(2) 
Signs and notice.
(a) 
A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and § 254.92, Wis. Stats.
(b) 
A vending machine operator shall attached a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under § 254.92, Wis. Stats.
(3) 
Vending machines.
(a) 
Except as provided in Subsection B(4), no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply:
[1] 
The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view and control of an employee.
[2] 
The vending machine is in a place where it is inaccessible to the public when the premises are closed.
(b) 
The person who ultimately controls, governs or directs the activities within the premises where the vending machine is located shall ensure that an employee of the retailer remains in the immediate vicinity, plain view and control of the vending machine whenever the premises are open.
(4) 
Notwithstanding Subsection B(3), no retailer may place a vending machine within 500 feet of a school.
(5) 
No manufacturer, distributor, jobber, subjobber or retailer, or his or its employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
(6) 
No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under § 139.32(1), Wis. Stats.
(7) 
No person may purchase cigarettes on behalf of, or to provide to, any person who is under 18 years of age, subject to the penalties as provided in § 254.92(2m), Wis. Stats.
[Added 3-10-2008 by Ord. No. 1006-2008]
C. 
Defense of retailer, manufacturer and distributor. Proof of all of the following facts by a retailer, manufacturer or distributor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection B(1):
(1) 
That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.
(2) 
That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18.
(3) 
That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.[1]
[1]
Editor's Note: Original § 9.25(4), Penalties, which immediately followed this subsection, was repealed 3-10-2008 by Ord. No. 1006-2008.

§ 182-4 Violations and penalties.

Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in § 1-4 of this Code.
[Adopted 9-13-2010 by Ord. No. 1024-2010]

§ 182-5 State statutes adopted.

The provisions of § 101.123 of the Wisconsin Statutes, as amended by 2009 Wisconsin Act 12 relating to the prohibition of smoking in various enclosed places, are hereby adopted and made part of this Code by reference. As prescribed by state statutes, a warning notice shall be issued to the "person in charge" for the first violation.

§ 182-6 Use of tobacco products contrary to posted signs prohibited.

No person shall, without the permission of the owner or lessee of any public or private property, use tobacco products thereon contrary to a posted sign if such sign is in plain view on the property or at the entrances to the property.
A. 
Owners and lessees of property may prohibit, restrict or limit smoking on their property in their discretion.
B. 
The restrictions imposed by this subsection are in addition to the restrictions imposed by § 182-5 above and apply to unenclosed and enclosed areas.
C. 
Prohibition of smoking.
(1) 
Public places. Smoking is prohibited in any enclosed area of a public place or designated City property. Nothing in this article shall be interpreted as a limitation on the right of a property owner to prohibit smoking in any area where smoking is not prohibited by the article.
(2) 
Places of employment. It shall be unlawful for any person to smoke cigarettes or tobacco products in any enclosed area of a place of employment.
(3) 
Entrances. Smoking is prohibited within a reasonable distance of all entrances of an enclosed place of employment. If a public place or place of employment has more than one entrance, the prohibited entrances shall be such entrances as designated by the Building Inspector.
(4) 
Prohibited areas. Smoking is prohibited in stadiums, bleachers or outdoor auditoriums for spectators of sports events, outdoor theaters, amphitheaters, arenas or similar areas used by spectators at other public events.
(5) 
Paraphernalia prohibited. Ashtrays and other smoking paraphernalia shall not be located in areas where smoking is prohibited.
D. 
Exceptions. The following areas shall not be subject to the smoking restrictions of this article:
(1) 
Private residences, unless it is used as a child-care, adult day-care or health care facility.
E. 
Posting of signs.
(1) 
Every public place, place of employment, or any other area where smoking is prohibited by the article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment shall post a conspicuous sign likely to be seen by any occupant clearly stating that smoking is prohibited. Use of the international "no smoking" symbol, a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette, shall be construed as a clear statement that smoking is prohibited. The posting of signs is an affirmative duty upon the owner or operator of a public place, but failure of the owner or operator of a public place to post signs shall not be a defense to prosecution of a violation of this article. All such signs shall reference this article.
(2) 
Each sign and the language contained therein shall be clearly visible from a distance of at least 10 feet. Every vehicle that constitutes a place of employment under this article shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited.
(3) 
It shall be unlawful for any person to remove, deface, or destroy any sign required by this article, or to smoke in any place where any such sign is posted.
(a) 
Retail Sales of cigarettes. Nothing in this article shall prohibit retail sales of pre-packaged cigarettes and cigars upon obtaining a license pursuant to 134.65, Wis. Stats.
F. 
Enforcement.
(1) 
The Chief of Police or his or her designees shall have the power, under law, to enter upon the premises named in this article to ascertain whether the premises are in compliance with this article. A compliance time of not less than one day shall be granted. Enforcement may be by citation, as permitted by § 1-4 and Chapter 32 of the Mayville Municipal Code, or through issuance of a summons and complaint.
(2) 
The proprietor, employer or other person in change of premises regulated hereunder, upon either observing or being advised of a violation, shall make reasonable efforts to prevent smoking in prohibited areas by approaching smokers who fail to voluntarily comply with this article and requesting that they extinguish their cigarette or tobacco product and refrain from smoking. If the person refuses to comply, the proprietor, employer or other person in change may ask the person to leave the premises or contact the City of Mayville Police Department.
(3) 
Any person who desires to register a complaint under this article may contact the Mayville Police Department.

§ 182-7 Violations and penalties.

Any person who uses tobacco products in violation of § 182-5 above shall be subject to penalties as provided in § 1-4 and Chapter 32 of the Municipal Code.