Number
901402
Version
SUBSTITUTE 4
Reference
84-298-b
Sponsor
THE CHAIR
Title
A substitute ordinance relating to the prohibition of smoking in city buildings or city-owned or leased vehicles.
Sections
105-48 cr
Analysis
This substitute 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 or in any city-owned or leased vehicles. It also creates a graduated forfeiture for willful 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, Tobacco smoke is a major contributor to indoor pollution, and breathing secondhand smoke is a cause of disease, including lung cancer in nonsmokers; and
Whereas, The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate the exposure of nonsmokers to environmental tobacco smoke (ETS) nor can ventilation systems remove many of the harmful elements of ETS; and
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; and
Whereas, Persons who violate the prohibition on smoking in public areas of city buildings 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 th...
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