[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]
[Amended by Ord. No. 927-2002]
[Added by Ord. No. 759-92 (§ 9.24 of the 1989 Code)]
A.
CIGARETTE
LAW ENFORCEMENT OFFICER
TOBACCO PRODUCTS
Definitions. In this section, the following terms
shall have the meanings indicated:
Any roll of tobacco wrapped in paper or any substance other
than tobacco.
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.
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:
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.
[Added 5-12-2003 by Ord. No. 942-2003 (§ 9.25 of the 1989 Code)]
A.
CIGARETTE
DISTRIBUTOR
IDENTIFICATION CARD
JOBBER
MANUFACTURER
RETAILER
SCHOOL
STAMP
SUBJOBBER
TOBACCO PRODUCTS
VENDING MACHINE
VENDING MACHINE OPERATOR
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Has the meaning given in § 139.30(1m), Wis. Stats.
Any of the following:
Any of the following:
[Amended 3-10-2008 by Ord. No. 1006-2008]
Has the meaning given in § 139.30(6), Wis. Stats.
Any of the following:
Any persons licensed under § 134.65(1), Wis. Stats.
Has the meaning given in § 118.257(1)(d), Wis.
Stats.
Has the meaning given in § 139.30(13), Wis. Stats.
Has the meaning given in § 139.75(11), Wis. Stats.
Has the meaning given in § 139.75(12), Wis. Stats.
Has the meaning given in § 139.30(14), Wis. Stats.
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:
(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.
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]
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.
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.
