City of Milwaukee - File #: 100242

• File #: 100242
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 6/15/2010
• In control: FINANCE & PERSONNEL COMMITTEE
• Effective date: 8/3/2010
• Title: A substitute ordinance implementing state law regulating indoor and outdoor smoking of tobacco and tobacco products.
• Sponsors: ALD. WITKOWSKI, ALD. MURPHY
• Indexes: HEALTH CARE, SMOKING, SOCIAL CONCERNS

Date	Ver.	Action By	Action	Result	Tally
8/2/2010	3	CITY CLERK	PUBLISHED
7/29/2010	3	MAYOR	SIGNED
7/27/2010	3	CITY CLERK	DRAFT SUBMITTED
7/27/2010	2	CITY CLERK	DRAFT SUBMITTED
7/27/2010	3	COMMON COUNCIL	PASSED	Pass	12:3
7/27/2010	2	COMMON COUNCIL	AMENDED; Minutes note: Ald. Bauman requested suspension of the rules for the purpose of offering an amendment not in writing. On the motion: PASS, Ald. Wade NO Ald. Bauman moved to strike the prohibition on smoking within 25 feet of the entrance of a public building.	Pass	12:3
7/27/2010	2	COMMON COUNCIL	RECONSIDERED	Pass	15:0
7/27/2010	1	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Witkowski moved to withdraw the amendment that was before the body at the time this file was held. Substitute identified as #1.	Pass	14:1
7/27/2010	2	COMMON COUNCIL	PASSED	Fail	5:10
7/7/2010	1	COMMON COUNCIL	ASSIGNED TO; Minutes note: Ald. Witkowski moved simple amendment labelled #1. Ald. Murphy moved that the Common Council resolve itself into a Committee of the Whole for the purpose of taking testimony in this matter. Ald. Bauman subsequently moved to refer this matter to committee and that was ruled to take precedence over the motion offered by Ald. Murphy. Ald. Bauman subsequently withdrew this motion. Ald. Murphy withdrew his motion to enter the Committee of the Whole. Ald. Witkowski moved to amend his amendment by striking the second portion pertaining to the delegation of authority to the Department of Neighborhood Services and the Health Department. There was no objection. Ald. Puente made a motion to return to committee. Ald. Puente withdrew his motion. Ald. Murphy moved that the Common Council resolve itself into a Committee of the Whole for the purpose of taking testimony in this matter. On the motion: PASS, Hamilton, Kovac, Coggs, Murphy, Dudzik, Witkowiak, Witkowski, Hines AYE Bauman, Bohl, Wade, Donovan, Puente, Zielinski NO Davis EXCUSED Deputy City Attorney Linda Burke and Assistant City Attorney Robin Pederson appeared and addressed the Common Council. Ald. Murphy moved that the Committee of the Whole rise. There was no objection.	Fail	6:8
7/7/2010	1	COMMON COUNCIL	HELD IN COUNCIL	Pass	5:9
6/29/2010	1	CITY CLERK	Sponsor added; Minutes note: Ald. Murphy added as a sponsor at the request of Yvonne on 6/29/10 - LME
6/24/2010	1	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Held as has no fiscal note.	Pass	5:0
6/24/2010	1	PUBLIC SAFETY COMMITTEE	RECONSIDERED; Minutes note: This matter was reconsidered as a fiscal note was now prepared. Individuals appearing: Jim Owczarski, Deputy City Clerk Raquel Fillmanowitz - Health Dept. Richard Withers - Legislative Reference Bureau	Pass	5:0
6/24/2010	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:1
6/17/2010	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/17/2010	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/15/2010	0	COMMON COUNCIL	ASSIGNED TO

Number
100242
Version
SUBSTITUTE 3
Reference

Sponsor
ALD. BAUMAN
Title
A substitute ordinance implementing state law regulating indoor and outdoor smoking of tobacco and tobacco products.
Sections
100-59-9-e rp
100-59-9-f rn
105-48 rc
105-49 rc
105-50 rp
Analysis
This ordinance adopts the provisions of state law prohibiting smoking in certain enclosed and unenclosed areas. The applicable law is 2009 Wisconsin Act 12 (“The Act”) signed on May 18, 2009, by the governor, which takes effect on July 5, 2010. The law applies to enclosed spaces where persons are employed, retail establishments, enclosed places where members of the public may be permitted access, educational facilities and areas of certain multiple residences. Additionally, the new law prohibits smoking in unenclosed areas that include day care centers where children may be present, juvenile correctional facilities and within 25 feet of any University of Wisconsin residence hall or dormitory.

The Act also prohibits a municipality from regulating or prohibiting smoking on unenclosed spaces. A municipality may regulate smoking on unenclosed property owned or leased by the municipality upon passage of an ordinance. This ordinance provides that the commissioner of public works may designate those areas of unenclosed property owned or leased by the city upon which smoking will be prohibited. Signage for areas subject to the state prohibition or subject to city prohibition must conform to standards established by the Wisconsin department of commerce, if any.

Penalties provided in the ordinance for violation of the smoking prohibition and for violations by persons in charge of areas subject to the smoking prohibition have been set at the levels prescribed by state laws.
Body
Part 1. Section 100-59-9-e of the code is repealed.

Part 2. Section 100-59-9-f of the code is renumbered 100-59-9-e.

Part 3. Section 105-48 of the code is repealed and recreated to read:

105- 48. Smoking Prohibite...