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 Section 100-59-9-e of the code is repealed.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 Section 105-48 of the code is repealed and recreated to read: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...
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