NUMB:
960338
VERS:
SUBSTITUTE 1
REF:
84-298-b
XXBY:
ALD. MURPHY, BREIER, BUTLER, PAWLINSKI AND RICHARDS
TITL:
A substitute ordinance relating to the prohibition of smoking in city buildings.
SECS:
105-48 cr
ANLS:
- Analysis -
This ordinance prohibits smoking in all indoor, enclosed areas of city buildings, including all hallways, waiting areas, rest rooms, cafeterias and private, enclosed offices of city employes and elected officials. It also creates a penalty of $10 for wilful violation of the smoking prohibition.
In addition, this ordinance rescinds resolution file number 84-298-b, which approved and implemented the commissioner of public works' comprehensive plan for posting "Smoking Allowed" signs in areas, rooms and buildings so designated by department and agency heads.
BODY:
Whereas, Section 101.123, Wis. Stats., prohibits smoking in any enclosed, indoor area of a city building, with certain exceptions; and
Whereas, Section 101.123, Wis. Stats., does not, however, limit the authority of a city to adopt policies that, complying with the purpose of said section, protect the health and comfort of the public, including policies that are more restrictive than the provisions of s. 101.123; and
Whereas, Section 101.123, Wis. Stats., further provides a penalty of not more than $10 for violation of the prohibition on smoking in city buildings; and
Whereas, The Commissioner of Public Works and the Buildings and Fleet Director have sought to inform City employes and other persons of the prohibition of smoking in public areas of the City Hall Complex through the use of memoranda to department heads, posting of signs, and verbal notices to persons violating this law; and
Whereas, Despite repeated warnings and notices, persons continue to smoke in various public areas of the City Hall complex; and
Whereas, Persons who violate the prohibition on smoking in public areas of the City Hall Complex have little reason to fear being punished for their actions since, according to a City Attorney opinion dated March 23, 1994, police officers cannot issue citations seeking a state forfeiture; and
Whereas, In the same opinion, the City Attorney notes that the City has no ordinance providing a penalty for violation of s. 101.123, Wis. Stats.; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 105-48 of the code is created to read:
105-48. Smoking in City Buildings. 1. DEFINITION. In this section, "city building" means any building or portion thereof owned or leased by the city, including any enclosed walkway connecting such structures.
2. SMOKING PROHIBITED. No person may carry a lighted cigar, cigarette, pipe or any other lighted smoking equipment in any enclosed, indoor area of a city building, including any hallway, waiting area, rest room, cafeteria or private, enclosed office of any employe or elected official.
3. PENALTY. Any person who wilfully violates sub. 2 after being advised by a city employe that smoking is prohibited in the area shall forfeit $10.
4. ENFORCEMENT. The police department shall enforce this section.
Part 2. Resolution file number 84-298-b is rescinded.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB96217.2
JDO
10/1/97