Chapter 8.45


8.45.010    Prohibition of smoking.

8.45.010 Prohibition of smoking.

The provisions of Wis. Stat. Ch. 101.123 as amended by 2009 Wisconsin Act 12 relating to the prohibition of smoking in various enclosed places and public places are hereby adopted to promote the general health and welfare of the public and made part of this code by reference. As prescribed by state statute, a warning notice shall be issued to the “person in charge” for the first violation.

All statutory definitions are adopted including the following:

“Enclosed place” means a structure or area that has both a roof and more than two substantial walls. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

“Person in charge” means the person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this chapter.

“Public place” means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.

“Smoking” means burning or holding or inhaling or exhaling smoke from any of the following: a lighted cigar, cigarette, pipe or any other lighted smoking device.

A violation of this section shall be not less than $100.00 nor more than $250.00 for each violation except that the forfeiture for a “person in charge” cannot exceed $100.00 per day. Each violation shall be treated as a separate offense subjecting the violator to separate forfeitures. (Ord. 2010-20 § 1. 2008 code § 9.40)