The Village Board recognizes that smoking of cigarettes and
tobacco products is hazardous to an individual' s health and may affect
the health of nonsmokers/smokers when they are involuntarily in the
presence of smoking. Reliable scientific studies assessed by credible
health officials have found that secondhand tobacco smoke is a significant
health hazard for children, elderly people, and individuals with cardiovascular
disease or impaired respiratory function. Air pollution caused by
smoking is an offensive annoyance and irritant. Smoking results in
serious and significant physical discomfort to nonsmokers. This chapter
is adopted for the purpose of protecting the public health, safety,
comfort and general welfare of the people of the Village of Argyle,
especially recognizing the health interests of nonsmokers who constitute
a majority of the population.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ASSISTED LIVING FACILITY
A community-based residential facility, as defined in §
50.01(1g), Wis. Stats.; a residential care apartment complex, as defined
in § 50.01(6d), Wis. Stats.; or an adult family home, as defined
in § 50.01(1), Wis. Stats.
CHILD-CARE CENTER
A facility operated by a child-care provider that provides
care and supervision for four or more children under seven years of
age for less than 24 hours a day [§ 49.136(1)(ad), Wis. Stats.].
E-CIGARETTES
An electronic cigarette (e-cig or e-cigarette), personal
vaporizer (PV), or electronic nicotine delivery system (ENDS) is a
battery-powered vaporizer which has the feel of tobacco smoking. They
produce a mist rather than cigarette smoke. In general, a heating
element vaporizes a liquid solution known as "e-liquid." E-liquids
usually contain a mixture of propylene glycol, glycerin, nicotine,
and flavorings.
EMPLOYMENT
Any trade, occupation or process of manufacture or any method
of carrying on such trade, occupation or process of manufacture in
which any person may be engaged.
ENCLOSED PLACE
A structure or area that has a roof and more than one wall.
A wall includes any retractable or fixed divider, window, door or
other physical barrier, whether opened or closed, whether temporary
or permanent. A 0.011 gauge screen with an 18 by 16 mesh count is
not a wall.
PERSON IN CHARGE
The person who ultimately controls, governs or directs the
activities aboard a public conveyance or within or at a place where
smoking is regulated under this chapter, regardless of the person's
status as owner or lessee.
PLACE OF EMPLOYMENT
Any enclosed place that employees normally frequent during
the course of employment, including an office, a work area, an elevator,
an employee lounge, a restroom, a conference room, a meeting room,
a classroom, a hallway, a stairway, a lobby, a common area, a vehicle
or an employee cafeteria.
PRIVATE CLUB
A facility used by an organization that limits its membership
and is organized for a recreational, fraternal, social, patriotic,
political, benevolent or athletic purpose.
PUBLIC PLACE
Any enclosed place that is open to the public, regardless
of whether a fee is charged, or a place to which the public has lawful
access or may be invited.
RESTAURANT
An establishment defined in § 254.61(5), Wis. Stats.
SCHOOL GROUNDS
Premises owned or rented by or under the control of a school
board.
SMOKING
Burning or holding or inhaling or exhaling smoke from any
of the following items containing tobacco:
D.
Any other lighted smoking equipment.
SPORTS ARENA
Any stadium, pavilion, gymnasium, swimming pool, skating
rink, bowling center, or other building where spectator sporting events
are held.
TAVERN
Any establishment, other than a restaurant, that holds a
Class B intoxicating liquor license or Class B fermented malt beverages
license.
TOBACCO PRODUCT
Any form of tobacco prepared in a manner suitable for smoking,
but not including a cigarette.
No person in charge may allow any person to smoke in violation of §
533-3 at a location that is under the control or direction of the person in charge.
A. A person
in charge may not provide matches, ashtrays or other equipment for
smoking at the location where smoking is prohibited.
B. A person
in charge shall make reasonable effort to prohibit persons from smoking
at a location where smoking is prohibited by doing all of the following:
(1) Posting
signs setting forth the prohibition and providing other appropriate
notification and information concerning the prohibition.
(2) Refusing
to serve a person, if the person is smoking in a restaurant, tavern
or private club.
(3) Asking
a person who is smoking to refrain from smoking and, if the person
refuses to do so, asking the person to leave the location.
C. If a person refuses to leave a location after being requested to do so as provided in Subsection
B(3), the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
D. The person
in charge of a restaurant, tavern, private club, or retail establishment
may designate an outside area that is a reasonable distance from any
entrance to the restaurant, tavern, private club, or retail establishment
where customers, employees or persons associated with the restaurant,
tavern, private club, or retail establishment may smoke.