The provisions of § 101.123, Smoking prohibited, of
the Wisconsin Statutes, pertaining to the statewide smoking ban, are
hereby adopted by reference and incorporated in this chapter.
For purposes of enforcing the smoking ban in the Village of
Bellevue, the following definition shall apply instead of the definition
found in state statutes:
ENCLOSED PLACE
All space between a floor and a ceiling that is bounded 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 eighteen-by-sixteen mesh count is not
a wall.
The Village Fire Department and County Sheriff's Office shall
have the power to enter any premises subject to the smoking ban under
state law to ascertain whether the premises are in compliance with
this chapter and take appropriate enforcement action pursuant to § 101.123,
Wis. Stats.
This chapter shall take effect July 5, 2010.
Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of the Code of the Village of Bellevue.