City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.27 and 9.35 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Drugs and drug paraphernalia — See Ch. 100.
Cigarette licenses — See Ch. 152, § 152-3.

§ 93-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CIGARETTE
Any roll of tobacco wrapped in paper or any substance other than tobacco.
[Amended 10-9-2012 by Ord. No. 2496]
SCHOOLS
The public schools under the jurisdiction of the School Board of the city.
TOBACCO PRODUCTS
Cigars, cigarettes, cheroots, stogies, periques, smoking tobacco, tobacco in any form including, but not limited to, granulated, plug cut, crimp cut, ready rolled, fine cut, chewing tobaccos, snuff, snuff flour, cavendish, plug and twist tobacco, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and any other kinds or forms of tobacco prepared in a manner as to be suitable for chewing or smoking or both.

§ 93-2 Adoption of state standards on sale or gift of cigarette or tobacco products.

Section 134.66, Wis. Stats., as amended from time to time, is hereby adopted by reference as though fully set forth herein.

§ 93-3 Adoption of state standards prohibiting use of cigarette and tobacco products by children.

Section 254.92, Wis. Stats., as amended from time to time, is hereby adopted by reference as though fully set forth herein.

§ 93-4 Possession of cigarettes and tobacco products in school buildings.

No person under 18 years of age may possess any cigarette or tobacco product at any time inside any building owned, leased or used by a public school in the city.

§ 93-5 Use of cigarettes and tobacco products in school buildings, on school grounds and at school functions.

No person may smoke, light, ingest, chew, inhale or otherwise use any cigarette, tobacco product or smoke from a cigarette or tobacco product at any time inside any building owned, leased or used by a public school in the city.

§ 93-6 Limited use on school grounds.

No person may smoke, light, ingest, chew, inhale or otherwise use any cigarette, tobacco product or smoke from a cigarette or tobacco product on land owned, leased or used by a public school in the city on any day on the official school calendar for student or teacher attendance from 6:30 a.m. until after the time of departure of the last scheduled late bus or 5:30 p.m., whichever is later.

§ 93-7 Use at school activities prohibited.

No person may smoke, light, ingest, chew, inhale or otherwise use any cigarette or tobacco product while attending a function or event at a public school or on a school ground in the city.

§ 93-8 Restrictions on city property.

Except in such specific outdoor areas as are designated by the Mayor to permit smoking, all persons shall refrain from smoking:
A. 
In city buildings, facilities and vehicles. Buildings shall include all that area enclosed within the outermost entry doors.
B. 
Within 50 feet of any public entrance to city buildings.

§ 93-9 Smoking prohibited.

[Added 10-9-2012 by Ord. No. 2496[1]]
Section 101.123 of the Wisconsin Statutes, as amended from time to time, is hereby adopted by reference as though fully set forth herein.
[1]
Editor’s Note: This ordinance also provided for the renumbering of former § 93-9 as § 93-10.

§ 93-10 Violations and penalties.

[Amended 10-9-2012 by Ord. No. 2496]
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1. See General Provisions, § 1-18 of this Code. Each day that a violation continues of § 93-9 of this Code shall be considered a separate violation, and the forfeiture applicable hereunder shall apply to each day that said violation continues.