No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children any abandoned, unattended or discarded ice
box, refrigerator or other container which has an airtight door or
lid, snap lock or other locking device which may not be released from
the inside without first removing said door or lid, snap lock or other
locking device from said ice box, refrigerator or container, unless
such container is displayed for sale on the premises of the owner
or his agent and is securely locked or fastened.
[Amended 8-2-2010 by Ord. No. 2010-007]
A. Purpose. This section is adopted for the purposes of:
(1) Public health protection. Protecting the public health, general welfare
and safety of the people of the Village of Clyman;
(2) Assistance with regulation compliance. Assisting business owners,
managers and operators in complying with state law and municipal ordinance
requirements; and
(3) Clarifying/expansion of state statute. Clarifying and expanding upon
Wisconsin's Smoking Ban Law enacted by 2009 Act 12 under authority
creating § 101.123(4m), Wis. Stats.
B. Findings of fact. It is recognized that smoking of tobacco-related
products is hazardous to the health of both smokers and nonsmokers
who are exposed to smoking.
(1) Scientific studies. Reliable scientific studies, including studies
conducted by the Surgeon General of the United States, having shown
that breathing secondhand smoke (i.e., sidestream smoke) is a significant
health hazard to nonsmokers, particularly to children, the elderly,
individuals with cardiovascular disease and individuals with impaired
respiratory functions, including asthmatics and those individuals
with obstructive airway disease.
(2) Health hazards related to smoking. Numerous scientific studies have
found that tobacco smoke is a major contributor to indoor pollution.
Related health hazards induced by breathing secondhand smoke include
bronchoconstriction, lung cancer, bronchospasam, respiratory infection,
decreased exercise tolerance, and decreased respiratory function.
(3) Air pollution. Smoking-caused air pollution is an offensive annoyance
and irritant, and smoking results in significant and serious physical
discomfort to nonsmokers.
C. Definitions. As used in this section, the definitions of § 101.123(1),
Wis. Stats., are hereby adopted and incorporated herein by reference,
except as set forth below. In this section:
VILLAGE BUILDINGS
All Village-owned or operated buildings and those portions
of buildings leased or operated by the Village of Clyman.
ENCLOSED INDOOR AREA
All space between a floor and a ceiling that is bound by
walls, doors, or windows, whether open or closed, covering more than
50% of the combined surface area of the vertical planes constituting
the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
A 0.011 gauge screen with an 18-by-16 mesh count is not a wall for
purposes of this section.
D. Smoking prohibition. No person may smoke in any of the following:
(1) Statutory prohibitions; adoption of statute. No person may smoke
in any place prohibited by § 101.123(2), Wis. Stats. Except
as expressly modified by this section, the provisions of § 101.123,
Wis. Stats., are expressly adopted and incorporated herein by reference.
(2) Enclosed indoor areas. No person may smoke in any enclosed indoor area, as defined in Subsection
C above.
(3) Village buildings/enclosed equipment. No person may smoke in any
Village building or enclosed equipment owned, leased or rented by
the Village of Clyman.
(4) School events at Village parks and grounds. No person may smoke while
on any Village park or grounds while such facilities are being used
for a school-related event by the public school district.
E. Outside areas. Any person managing or in charge of a tavern, restaurant,
retail establishment or private club that is subject to this section
may designate an outside area that is a reasonable distance from the
entrance to said establishment where employees, customers and/or other
persons associated with the establishment may smoke. The designated
outside smoking area shall contain receptacles for trash and cigarette
butts and shall be maintained in a neat and orderly manner. All refuse
and cigarette butts shall be placed in proper receptacles.
F. Exceptions. The prohibitions against smoking shall not apply to those
places or areas set forth in § 101.123(3), Wis. Stats.
G. Inspection; enforcement.
(1) Inspection and enforcement authorities. Law enforcement officers,
public health officials and Village Building Inspectors shall have
the authority to enter any premises subject to this section and the
smoking ban under state law to ascertain whether the premises are
in compliance with the requirements of this section, and such officials
shall take appropriate enforcement action pursuant to this section
and § 101.123, Wis. Stats.
(2) Violations and penalties. The following penalties shall be applicable
for violations of this section:
(a)
Any person who violates Subsection
D or
E of this section shall be subject to those penalties and forfeitures prescribed in §
1-3.
(b)
Any person in charge of premises who violates § 101.123 (2m), Wis. Stats., shall be subject to those penalties prescribed in §
1-3, except that the forfeiture shall be $100. Prior to issuing a citation to a person in charge for a violation of this section, enforcement officials shall first issue a written warning notice; once a person in charge has been issued such a warning notice, he/she may be issued citations for subsequent violations of this section.
(c)
In addition to applicable forfeitures, any person who violates
the provisions of this section shall pay the costs of prosecution,
except for the drug enforcement and crime laboratories surcharge under
§ 165.755(1)(a), Wis. Stats. Each day of violation shall
constitute a separate offense.
H. Interpretation. Whenever the provisions of the Wisconsin Statutes
and this section conflict, the provisions of this section shall apply.