Village of Waterford, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Waterford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 154.
Minors — See Ch. 159.
[Adopted as §§ 9.15 through 9.165 and 9.20 of the 1998 Code]

§ 202-1 Statewide smoking ban; use of tobacco on school grounds and within public buildings.

[Amended 7-12-2010 by Ord. No. 558]
A. 
Statewide smoking ban. Wisconsin Statutes § 101.123, Smoking prohibited, is hereby adopted as though fully set forth herein in order to protect the health and comfort of the public, pursuant to Wis. Stats. § 101.123(4m). The prohibition against smoking in enclosed places set forth in Wis. Stats. § 101.123, effective on July 5, 2010, includes, but is not limited to, smoking in enclosed public places, places of employment, day-care centers, educational facilities, theaters, restaurants, taverns, private clubs, retail establishments, common areas of certain multiple-unit residential properties, lodging establishments, and public buildings. The statute also imposes responsibilities on persons in charge of the listed sites, including but not limited to: requiring that persons in charge may not allow smoking, and persons in charge must make reasonable efforts to prohibit persons from smoking in those sites by posting signs, refusing to serve persons who are smoking in restaurants, taverns and private clubs, asking persons to refrain from smoking or leave the premises, and notifying law enforcement of violations if persons refuse to leave the premises.
B. 
Use of any form of tobacco prohibited on school grounds. No person shall chew, ingest or in any other way use tobacco products of any nature in the buildings or on the grounds of real property owned by the Waterford Union High School District or the Waterford Grade School District Joint Number 1 located within the corporate limits of the Village.
C. 
Use of any form of tobacco prohibited within public buildings. No person shall chew, ingest or in any other way use tobacco products of any nature in any public building owned or occupied by the Village and located within the corporate limits of the Village.

§ 202-2 Purchase or possession of cigarettes or tobacco products by persons under 18.

[Amended 1-23-2006 by Ord. No. 489; 1-24-2011 by Ord. No. 566]
The provisions of Wis. Stats. § 254.92 are hereby adopted in strict conformance with said statute, as authorized in Wis. Stats. § 254.92(4), as follows:
A. 
No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
B. 
No person under 18 years of age may purchase, attempt to purchase, or possess cigarettes or tobacco products, except a person under the age of 18 years may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer, and a person under 18 years of age, but not under 15 years of age, may purchase or attempt to purchase cigarettes and tobacco products in the court of his or her participation in an investigation under Wis. Stats. § 254.916 that is conducted in accordance with Wis. Stats. § 254.916(3).
C. 
No person may purchase cigarettes on behalf of, or to provide to, any person under the age of 18.
D. 
A law enforcement officer shall seize any cigarette or tobacco product that has been sold to and is in the possession of a person under 18 years of age.
E. 
Any person violating the provisions of this section will be subject to forfeitures as set forth in Chapter 1, Article II, of this Code.

§ 202-3 Restrictions on sale or gift of cigarettes or tobacco products.

[Added 2-23-1998 by Ord. No. 361]
The Village of Waterford shall adopt Wis. Stats. § 134.66, all as though fully set forth herein, and providing that this article adopting this state statute by incorporation shall strictly conform to the state model.

§ 202-4 Violations and penalties.

Any person who shall violate any provision of this article, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code, except for any specific section penalty provisions contained within the body of any such section.
[Adopted 1-10-2002 by Ord. No. 386]

§ 202-5 State statutes adopted.

The provisions of Wis. Stats. § 134.65, relating to the sale of cigarettes and tobacco products, are adopted in their entirety.

§ 202-6 License required; fee.

A. 
No person shall directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products without first obtaining a license from the Clerk.
[Amended 11-22-2004 by Ord. No. 467]
B. 
The fee for such license shall be in an amount set by the Village Board. The license period shall be from July 1 through and including the following June 30 unless sooner revoked.

§ 202-7 Issuance of license.

[Amended 11-22-2004 by Ord. No. 467]
The application for such license shall be obtained from the Clerk. Such completed application shall be approved by the Village Board prior to issuance of the license.

§ 202-8 Violations and penalties.

Any person convicted of violating any provision of this article shall be subject to a penalty as provided under Wis. Stats. § 134.65 and Chapter 1, Article II, of this Municipal Code. See also § 202-3 of this Municipal Code (adopting Wis. Stats. § 134.66).