Green Lake County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Green Lake County as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-19-2011 by Ord. No. 992-2011[1]; amended in its entirety 9-20-2016 by Ord. No. 21-2016]
[1]
Editor's Note: This ordinance also repealed former Ch. 228, Smoking and Tobacco Products, consisting of Art. I, Smoking in County Buildings, adopted 6-19-1990 by Ord. No. 417-90, and Art. II, Purchase or Possession of Tobacco Products by Juveniles, adopted 4-19-1994 by Ord. No. 533-94, as amended.

§ 228-1 Authority.

This article is adopted in consonance with § 101.123, Wis. Stats.

§ 228-2 Title.

This article shall be known as the "Green Lake County Clean Air Ordinance."

§ 228-3 Jurisdiction.

This article shall regulate the use of smoking materials on all property owned, leased or otherwise operated by Green Lake County government or agencies and businesses operating the same for said government.

§ 228-4 Words and phrases defined.

As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC DELIVERY DEVICE
Any product containing or delivering nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. This includes any such device whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
SMOKING
To smoke or carry a lighted cigar, cigarette, pipe or any other lighted smoking equipment or tobacco-related products in any form. Smoking also includes the use of an electronic delivery device which creates an aerosol or vapor in any manner or in any form, or the use of any oral smoking device.
USE TOBACCO PRODUCT
To consume by means other than smoking including, but not limited to, the chewing, spitting, swallowing, snorting, inhaling or ingesting of any tobacco product.

§ 228-5 Prohibited practices; exceptions.

A. 
No person shall smoke or use tobacco products in any building or on any grounds owned, leased or otherwise operated by or on behalf of Green Lake County at any time.
B. 
Exceptions to this policy include the following:
(1) 
Green Lake County owned parks.
(2) 
Green Lake Highway grounds, only for the duration of the annual Green Lake County Fair.

§ 228-6 Violations and penalties.

Any person who shall violate any restriction under § 228-5 shall forfeit $20 for each violation. Any person who shall violate any restriction under § 228-5 a second time shall forfeit $40.

§ 228-7 Enforcement.

A. 
The Green Lake County Sheriff's Office shall enforce the provisions herein.
B. 
This article may be enforced by citation, as permitted by § 15-1 of the Green Lake County Code of Ordinances, or through the issuance of a summons and complaint.
C. 
The Green Lake County Corporation Counsel and District Attorney are authorized to bring an action to enforce the provisions of this article.
[Adopted 12-20-2011 by Ord. No. 1010-2011]

§ 228-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CIGARETTE
Has the meaning given in § 139.30(1m), Wis. Stats.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
TOBACCO PRODUCTS
Has the meaning given in § 139.75(12), Wis. Stats.

§ 228-9 Prohibited acts.

Except as provided in § 228-10, no person under the age of 18 may do any of the following:
A. 
Buy or attempt to buy any cigarette or tobacco product.
B. 
Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
C. 
Possess any cigarette or tobacco product.

§ 228-10 Exceptions.

A. 
A person under the age of 18 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 licensed under § 134.65(1), Wis. Stats.
B. 
A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under § 254.916, Wis. Stats., that is conducted in accordance with § 254.916(3), Wis. Stats.

§ 228-11 Enforcement.

A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of § 228-9 committed in his or her presence.

§ 228-12 Violations and penalties.

Any person who shall violate any provision under § 228-9 of this article shall, upon conviction, forfeit not less than $10 nor more than $50 plus costs.