[HISTORY: Adopted by the Village Board of the Village of
Benton at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
The purpose and intent of this chapter is as follows:
As used in this chapter, the following terms shall have the
meanings indicated:
A place where food, drink or other refreshments are purchased
directly from a concession stand.
A person who may be required or directed by any employer,
in consideration of direct or indirect gain or profit, to engage in
any employment, or to go or work or be at any time in any place of
employment.
Any person, business, partnership, association, trust, firm,
corporation, for-profit or nonprofit entity, or governmental agency
under the Village's authority that has control over a place of
employment.
All space between a floor and ceiling that is enclosed on
all sides by permanent or temporary walls or windows (exclusive of
doorways), which extend from the floor to the ceiling.
Any area under the control of an employer, including, but
not limited to, work areas, private offices, employee lounges, rest
rooms, conference rooms, meeting rooms, classrooms, employee cafeterias,
hallways, and vehicles. A private residence shall not be considered
a place of employment unless it is used as a child care, adult day
care or health care facility.
Premises owned, rented or leased for temporary or permanent
habitation, not including lobbies, hallways and other common areas
in any apartment building, condominium, retirement facility, nursing
home or other multiple-unit residential facility.
Any area into which the public is invited or permitted, including
elevators, reception areas, cafeterias, rest rooms, lobbies, hallways
and other common areas in any retail building, mixed-use commercial
building, apartment building, condominium, retirement facility, nursing
home or other multiple-unit residential facility. A private residence
located within a mixed-use commercial building is not a public place
unless it is used as a child care, adult day care or health care facility.
An indoor or outdoor line in which one or more persons are
waiting for or receiving service of any kind, whether or not the service
involves the exchange of money, including, but not limited to, ATM
lines, concert lines or waiting for public transportation. The term
"service line" does not include lines in which people wait in their
vehicle such as a drive-through or car wash line.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other lighted tobacco product in any manner or
in any form.
All real estate, buildings, structures and vehicles owned,
leased or operated by the Village of Benton.
A.
Public places. Smoking is prohibited in any enclosed area of a public
place or designated Village property. Nothing in this chapter shall
be interpreted as a limitation on the right of a property owner to
prohibit smoking in any area where smoking is not prohibited by this
chapter.
B.
Places of employment. It shall be unlawful for any person to smoke
cigarettes or tobacco products in any enclosed area of a place of
employment.
C.
Entrances. Smoking is prohibited within 15 feet of the main entrance
of an enclosed public place or enclosed place of employment. If a
public place or place of employment has more than one entrance, the
main entrance shall be such entrance as designated by the Building
Inspector.
D.
Prohibited areas. Smoking is prohibited in concession areas of restaurants,
outdoor seating structures, such as stadiums, bleachers or outdoor
auditoriums for spectators of sports events, outdoor theaters, amphitheaters,
arenas or similar areas used by spectators at other public events.
E.
Village parks. Smoking is prohibited in Village parks.
F.
Paraphernalia prohibited. Ashtrays and other smoking paraphernalia
shall not be located in areas where smoking is prohibited.
G.
School
property. No person shall carry or possess a lighted cigar, cigarette,
pipe, or any other lighted smoking equipment or tobacco product restricted
by state law, nor shall any person activate an electronic delivery
device or vapor product, on school property.
[Added 6-17-2020 by Ord. No. 2020-01]
The following areas shall not be subject to the smoking restrictions
of this chapter:
A.
Private residences, unless it is used as a child care, adult day
care or health care facility.
A.
Every public place, place of employment, or any other area where smoking is prohibited by this chapter, shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment shall post a conspicuous sign likely to be seen by any occupant clearly stating that smoking is prohibited. Use of the international "No Smoking" symbol, a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette, shall be construed as a clear statement that smoking is prohibited. The posting of signs is an affirmative duty upon the owner or operator of a public place, but failure of the owner or operator of a public place to post signs shall not be a defense to prosecution of a violation of this chapter. All such signs shall reference Chapter 268, Smoking.
B.
Each sign and the language contained therein shall be clearly visible
from a distance of at least 10 feet. Every vehicle that constitutes
a place of employment under this chapter shall have at least one conspicuous
sign, visible from the exterior of the vehicle, clearly stating that
smoking is prohibited.
C.
It shall be unlawful for any person to remove, deface, or destroy
any sign required by this chapter, or to smoke in any place where
any such sign is posted.
Nothing in this chapter shall prohibit retail sales of prepackaged cigarettes and cigars upon obtaining a license pursuant Chapter 148, Cigarette Licenses.
A.
The Chief of Police or their designees shall have the power, under law, to enter upon the premises named in this chapter to ascertain whether the premises are in compliance with this chapter. A compliance time of not less than one day shall be granted. Enforcement may be by citation, as permitted by Chapter 29, Citations, or through issuance of a summons and complaint.
B.
The proprietor, employer or other person in charge of premises regulated
hereunder, upon either observing or being advised of a violation,
shall make reasonable efforts to prevent smoking in prohibited areas
by approaching smokers who fail to voluntarily comply with this chapter
and requesting that they extinguish their cigarette or tobacco product
and refrain from smoking. If the person refuses to comply, the proprietor,
employer or other person in charge may ask the person to leave the
premises or contact the Police Department.
C.
Any person who desires to register a complaint under this chapter
may contact the Police Department.
A.
Intent and construction. The Village of Benton finds that it is in
the interests of the health, safety and welfare of the community to
adopt by reference § 101.123, Wis. Stats., and subsequent
amendments, additions and recodifications. It is the intent of the
Village Board that where there may be conflict between § 101.123,
Wis. Stats., and this chapter, that the section most restrictive of
smoking and tobacco use shall apply. This chapter shall not be construed
to mean that progressive discipline of Village employees for violations
of laws, rules, and regulations is only authorized where explicitly
provided by this chapter.
B.
Penalty. The penalties provided by § 101.123, Wis. Stats., shall be in addition to the penalties provided for violation of § 268-7D when a person has violated both laws. In addition to the penalties provided by this chapter and § 101.123, Wis. Stats., any Village employee who violates any provision of this chapter or § 101.123, Wis. Stats., may also be subject to progressive discipline by his or her employer.
