[Adopted as §§ 11-2-5, 11-2-6, 11-2-8 to 11-2-13, 11-2-15 to 11-2-17, of the 2012 compilation of ordinances, as amended through 5-22-2013]
A. 
Obstructing streets. No person shall obstruct, loiter, cause a nuisance or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village of Winneconne in such a manner as to:
(1) 
Prevent or obstruct the free passage of pedestrian or vehicular traffic thereon;
(2) 
Prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place; or
(3) 
Cause a nuisance by congregating and hindering the free passage of pedestrian or vehicular traffic.
B. 
Obstructing public ways.
(1) 
No person shall obstruct or interfere with by any means any vehicular or pedestrian traffic on any public walk, highway, street, alley, or public thoroughfare for the purpose of disrupting the orderly movement of such traffic or to impede intentionally or unintentionally the flow of the vehicular or pedestrian traffic on a public walk, highway, street, alley, or public thoroughfare or at any public building or premises, parking lot or structure.
(2) 
Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets and sidewalks is a violation of this section.
C. 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
LOITER
To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
NUISANCE
Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the Village of Winneconne.
OBSTRUCT
To interfere with unobstructed travel by any means, including, but not limited to, standing on the part of the walk that is fit for travel, or placing any object or vehicle whatsoever on such sidewalk.
SIDEWALK
Any sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
D. 
Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.
A. 
Public property loitering prohibited.
(1) 
No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot or other place of assembly or public use after being requested to move by any law enforcement officer.
(2) 
Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(3) 
No person shall loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious conduct or any unlawful act.[1]
[1]
Editor's Note: Original Sec. 11-2-6(b) of the 2012 compilation of ordinances, concerning loitering at schools or similar public places, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Private property loitering prohibited.
(1) 
No person shall loiter in or about any private premises or adjacent doorways or entrances or upon private property held out for public use, including, but not limited to, business or industry parking lots or shopping malls, without invitation from the owner or occupant or by any person in authority at such places. No person shall loiter in or about the doorway, stairway, steps or entrance of any business place or private residence without the expressed consent of the owner thereof, or at any time other than business hours. Under this subsection, a business place shall include parcels zoned for a commercial/industrial use or whose primary purpose is for commercial activities.
(2) 
Upon being requested to move by any such person in authority or by any police officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(3) 
No person shall sit, lie, or otherwise recline upon or against any parked motor vehicle without the expressed consent of the owner thereof, whether such be parked upon a public street, alley, parking lot, driveway or private premises.
(4) 
No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
C. 
Loitering or prowling prohibited.
(1) 
No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this subsection if the law enforcement officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
No person shall hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building, or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(3) 
No person shall lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
(4) 
No person shall loiter in or about a restaurant, tavern or other public building. As used in this subsection, "loiter" means to, without just cause, remain in a restaurant, tavern or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.[2]
[2]
Editor's Note: Original Sec. 11-2-6(e) of the 2012 compilation of ordinances, Loitering by underage persons where alcohol beverage is dispensed, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II)..
D. 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
LOITER
See "loiter" in § 420-3C.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
NUISANCE
See “nuisance” in § 420-3C.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
UNLAWFUL ASSEMBLIES
An assembly which consists of three or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed. An unlawful assembly includes an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by any other person or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building, or dwelling place, or any portion thereof and which assembly does in fact so block or obstruct the lawful use by any other person, or persons of such private or public thoroughfares, property or any position of access or exit to or from any private or public building, or dwelling place, or any portion thereof.
E. 
Soliciting. No person shall loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer, that such person repeatedly beckons to stop or attempts to stop, or engages male or female passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or produce another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the law enforcement officer first affords such persons an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection:
(1) 
"Public place" is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorway and entrance to buildings or dwellings and the grounds enclosing them.
(2) 
"Known prostitute or panderer" means a person who, within five years previous to the date of arrest for violation of this section, had, within the knowledge of the sworn police officer, been convicted in any municipal court or circuit court in the State of Wisconsin of an offense involving prostitution.
F. 
Unlawful assemblies. Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a violation of this section.
A. 
Disorderly conduct prohibited. No person within the Village of Winneconne shall:
(1) 
In any public or private place engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person;
(2) 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation;[1]
[1]
Editor's Note: Original Sec. 11-2-8(a)(3) of the 2012 compilation of ordinances, concerning telephone calls, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Indecently expose his or her person;
(4) 
Be in any business or private structure, private vehicle or upon any private grounds without the consent of the owner.
B. 
Violent and abusive behavior; nonverbal gestures. No person in any public or private place may engage in any violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person. Such prohibited conduct also includes nonverbal gestures, signals or gang signs if said conduct tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person.
C. 
Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the Village, or upon any private property in open view of the public, or in the halls, rooms without restroom facilities, stairways or elevators of public or commercial buildings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Disturbance of meetings. No person may disrupt or disturb any congregation, audience, public meeting or lawful assembly of persons of any kind, or in concert with others disturb or disrupt such meeting.
A. 
Unauthorized presence.
(1) 
No student who is under suspension, expulsion, or other disciplinary procedures excluding him/her from attending any school located within the Village or any person not a student presently enrolled or not an employee of such schools or not a parent or guardian of a student, or not an otherwise "authorized person," shall be present within any school building or upon any school grounds without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.
(2) 
Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3) 
"Authorized person" shall include:
(a) 
Any person who is present at any school building or school grounds for the purpose previously authorized by the school or their designee;
(b) 
Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel;
(c) 
Any person utilizing a designated area for attending an athletic or other organized school event.
(4) 
Disorderly conduct on public school property.
(5) 
No person shall, on any school property or building, engage in violent, abusive, loud or otherwise disorderly conduct which causes or provokes an immediate disturbance of public order or disturbs or annoys any other person; nor shall a person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
(6) 
Nonstudents, students from schools other than the school on the property or students from a school who are not in compliance with the school system's published rules and regulations shall be considered in violation of this section. The published rules and regulations of the school system are incorporated as if fully set forth herein.
(7) 
All entrances to the school buildings referred to in Subsection A shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(8) 
"Unauthorized presence" shall include any vehicle that is found on school property which has not received permission to be there. If the occupants or owners are not on school property for some legitimate business or activity or are parked in an area that regulates parking to certain authorized vehicles, they are in violation. Such vehicle may be issued a Village summons that regulates parking or may be towed away at the direction of the school principal or person in charge of such school building. Law enforcement officers may also have any vehicle towed away which, because of its location, creates a hazard to life or property.
B. 
Loitering near school prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter or cause a nuisance in any school building in the Village of Winneconne or upon any School District grounds or within adjacent posted school zones on any day when such schools are in session.
C. 
Possession of intoxicating liquor and fermented malt beverages. No person shall possess intoxicating liquor or fermented malt beverages while on any school property.
D. 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended.
(1) 
Loiter. To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
A. 
Lawful orders. It shall be unlawful for any person to fail to obey the direction or order of a police officer while such police officer is acting in an official capacity in carrying out his or her duties.
B. 
Obstructing or resisting officers.
(1) 
It shall be unlawful for any person to obstruct, resist, hinder, or oppose any member of the police department, or any peace officer in the discharge of his/her duties.
(2) 
It shall be unlawful for any person to interfere with a member of the Police Department in the discharge of his duties if they fail to obey a lawful order of a police officer and/or provide false information concerning his/her identity, which hinders the officer in the discharge of his/her duty.
(3) 
Any person found to violate this section shall be subject to a fine as determined by the Village Board.
A. 
Possession of controlled substances. It is unlawful for any person to possess a controlled substance, other than a controlled substance classified in Schedules I and II of the Uniform Controlled Substances Act under Chapter 961, Wis. Stats., which is a narcotic drug, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his/her professional practice, or except as otherwise authorized by this Code of Ordinances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Synthetic cannabinoid prohibited.
(1) 
Possession, use and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give or barter any one or more of the following chemicals whether under the common street or trade names of "Spice," "K2," "Genie," "Yucutan Fire," "fake" or "new" marijuana, or by any other name, label, or description:
(a) 
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenso(c)chromen-1-01 some trade or other names: HU-210;
(b) 
1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018.
(c) 
1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073.
(d) 
2-((1R,3S)-3-hydroxycyclohexyl)-5-(2-methyloctran-2-yl)phenol some trade or other names: CP 47, 497 and homologues.
(e) 
Or any similar structural analogs.
(2) 
Medical or dental use allowed. Acts otherwise prohibited under subsection shall not be unlawful. Acts otherwise prohibited under subsection, licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
C. 
Toxic inhalants.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TOXIC INHALANTS
Any glue, paint, gasoline, aerosol, adhesive cement, mucilage, plastic cement or any similar substance containing one or more of the following volatile substances:
(a) 
Acetone;
(b) 
Benzene;
(c) 
Butyl alcohol;
(d) 
Cyclohexanone;
(e) 
Ethyl acetate;
(f) 
Ethyl alcohol;
(g) 
Ethylene dichloride;
(h) 
Hexane;
(i) 
Isopropl alcohol;
(j) 
Methyl alcohol;
(k) 
Methyl celosove;
(l) 
Acetate;
(m) 
Methyl ethyl ketone;
(n) 
Methyl isobutyl ketone;
(o) 
Pentachlorphenol;
(p) 
Petroleum ether;
(q) 
Trichlorethylene;
(r) 
Tricresylphosphate;
(s) 
Toluene;
(t) 
Toluol; or
(u) 
Any other chemical capable of producing intoxication when inhaled.
(2) 
Inhalation of vapors or fumes from toxic inhalants prohibited. No person shall inhale or otherwise introduce into his respiratory tract any toxic vapors or fumes which may be released from any toxic inhalants with the intent of becoming intoxicated, elated, excited, stupefied, irrational, paralyzed, or of changing, distorting, or disturbing his/her eyesight, thinking process, judgment, balance or muscular coordination.
(3) 
Limitations on sales, transfer, and possession of toxic inhalants. No person shall, for the purpose of violating or aiding another to violate any provision of this subsection, possess, buy, sell, transfer possession or receive possession of any toxic inhalants.
D. 
Additional penalties. In addition to the penalties in § 1-3 of this Code, the Village of Winneconne hereby adopts § 961.50, Wis. Stats., by reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
In this section, "drug paraphernalia" shall be defined as provided in § 961.571(1), Wis. Stats.
B. 
Determination of drug paraphernalia shall be made in accordance with § 961.572, Wis. Stats.
C. 
Prohibited uses.
(1) 
Possession of drug paraphernalia. No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this subsection.
(2) 
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter.
(3) 
Delivery of drug paraphernalia by a juvenile to a juvenile. Any person who is under 18 years of age, who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator, is in violation of this subsection.
(4) 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.
D. 
Penalties. Any person who violates Subsection C(1), (2) or (3) shall, upon conviction, be subject to disposition under § 938.344(2e), Wis. Stats.
No individual shall cross a police or fire line that has been so designated by banner, signs or other similar identification.
A. 
Harassment. No person, with intent to harass or intimidate another person, shall do any of the following; each instance shall be considered a separate violation:
(1) 
Strike, shove, kick or otherwise subject the person to physical contact or attempts or threatens to do the same.
(2) 
Engage in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
B. 
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in this Code of Ordinances:
(1) 
Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent;
(2) 
Makes a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers;
(3) 
Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers;
(4) 
Makes repeated telephone calls, during which conversation ensures, solely to harass any person at the called number or numbers;
(5) 
Knowingly permits any telephone under his/her control to be used for any purpose prohibited by this section;
(6) 
In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers.
A. 
Definitions. For the purposes of this section, the following definitions apply to the terms as used herein:
AMBULANCE
An emergency vehicle, including any motor vehicle, boat or aircraft, whether privately or publicly owned, which is designated, constructed or equipped to transport patients.
AMBULANCE ATTENDANT
A person who is responsible for the administration of emergency care procedures, proper handling and transporting of the sick, disabled or injured persons, including but not limited to, ambulance attendants and ambulance drivers.
AMBULANCE SERVICE PROVIDED
A person engaged in the business of transporting sick, disabled or injured persons by ambulance to or from facilities or institutions providing health services.
AUTHORIZED EMERGENCY VEHICLE
Any of the following:
(1) 
Police vehicles, whether publicly or privately owned;
(2) 
Conservation wardens' vehicles or foresters' trucks, whether publicly or privately owned;
(3) 
Vehicles of a fire department or fire patrol;
(4) 
Privately owned motor vehicles being used by deputy state Fire Marshals or by personnel of a full-time or part-time fire department or by members of a volunteer fire department while en route to a fire or on an emergency call pursuant to orders of their chief or other commanding officer;
(5) 
Such emergency vehicles of municipal or county departments or public service corporations as are designated or authorized by the local authorities to be authorized emergency vehicles.
(6) 
Such emergency vehicles of state departments as are designated or authorized by the heads of such departments to be authorized emergency vehicles;
(7) 
Such ambulances, publicly owned, as are designated or authorized by local authorities to be authorized emergency vehicles;
(8) 
Such ambulances which are privately owned and are operated by owners or their agents and which vehicles are authorized by the Sheriff or others designated by the County Board to be operated as emergency vehicles. The Sheriff or others designated by the County Board may make such authorization which shall be in writing and which shall be effective throughout the state until rescinded. The Sheriff or others designated by the County Board may designate any owner of ambulances usually kept in the county to operate such vehicles as authorized emergency vehicles. Such written authorization shall at all times be carried on each ambulance used for emergency purposes. The Sheriff shall keep a file of such authorizations in his/her office for public inspection, and all other persons permitted to issue authorizations shall file a copy of all authorizations issued with the Sheriff who shall keep them on file;
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
Those circumstances wherein the caller reasonably believes that person(s) and or property may be in actual or potential danger of injury, and in the case of person(s), in danger of illness.
EMERGENCY MEDICAL PERSONNEL
Any emergency medical personnel, ambulance attendant, peace officer or firefighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.
PERSON
Any individual, firm, partnership, association, corporation, trust, foundation, company, any governmental agency other than the United States government, or any group of individuals, however named, concerned with the operation of an ambulance.
B. 
Prohibitions. It is the intent of the Village of Winneconne, in its adoption of this provision, to protect against the foregoing activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-3:
(1) 
Knowingly obstructing any emergency medical personnel in the performance of duties relating to an emergency or rescue;
(2) 
Intentionally interfering with any medical personnel in the performance of duties relating to an emergency or rescue, when it is reasonable that the interference may endanger another's safety;
(3) 
Knowingly making any telephone call to any emergency medical personnel, police agency or fire department for any purpose other than to report a bona fide emergency or to make a bona fide request for emergency services.
A. 
Definitions. In this section:
(1) 
"Alcohol beverages: has the meaning given in § 125.02(1), Wis. Stats.
(2) 
"Controlled substances" has the meaning given in § 961.01(4), Wis. Stats.
(3) 
"Lodging establishment" has the meaning given in § 106.52, Wis. Stats.
(4) 
"Underage person" has the meaning given in § 125.02(20m), Wis. Stats.
B. 
Improper activities. Any person, who procures lodging in a lodging establishment, and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment, is subject to the penalties provided in § 1-3.
C. 
Denial of lodging. An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underage person, not accompanied by his or her parent, legal guardian or spouse, who has attained the legal drinking age, or illegal use of a controlled substance, may occur in the area of the lodging establishment procured.
D. 
Deposits. An owner or employee of a lodging establishment may require a cash deposit or use of a credit card at the time of application for lodging.
A. 
Purpose. It is recognized that the smoking of cigarettes and tobacco products is hazardous to an individual's health and may affect the health of nonsmokers when they are involuntarily in the presence of smoking.
(1) 
Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution.
(2) 
Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing side stream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
(3) 
Health hazards induced by breathing side stream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction and bronchospasm.
(4) 
Reliable studies assessed by the California Environmental Protection Agency have found that side stream and secondhand tobacco smoke is a leading cause of premature death and disability among nonsmokers.
(5) 
Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serous and significant physical discomfort to nonsmokers.
(6) 
This section is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the Village of Winneconne, especially recognizing the rights of nonsmokers who constitute a majority of the population; educating citizens affected by this section; assisting owners, owners, operators; and managers in maintaining compliance.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BAR
An establishment that is devoted to the serving of alcoholic beverages for the consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges and cabarets.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation of other business entity either for-profit or not-for-profit, including retail establishments where goods and services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered; and private clubs.
EMPLOYEE
A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity.
EMPLOYER
A person, business, partnership, association, and corporation, including municipal corporation, trust or nonprofit entity that employs the services of one or more individual persons.
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
HEALTH CARE FACILITY
An office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control, clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
PLACE OF EMPLOYMENT
An area under the control of a public or private employer that employees normally frequent during the course of employment, rooms, meeting rooms, classrooms, employee cafeterias, and hallways. A private residence (including, without limitation, an apartment) is not a "place of employment" unless it is used as a child care, adult day-care, or health care facility.
PUBLIC PLACE
An enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, heath care facilities, hotels and motels, laundromats, public transportation vehicles, and facilities, reception areas, restaurants, retail food production, and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private club is a "public place" whether or not open to the public. A private residence (including, without limitation, an apartment) is not a "public place" unless it is used as a childcare, adult day-care, or health care facility.
SHOPPING MALL
An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe or any other lighted tobacco-smoking equipment in any manner or in any form.
SPORTS ARENA
Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
C. 
Prohibitions.
(1) 
Smoking is prohibited in enclosed areas of all buildings and facilities owned or operated by the Village, and also in Village-owned or operated vehicles, and every Village-owned or operated building shall have at least one entrance, which is smoke free.
(2) 
Smoking is prohibited in all public places within the Village, and every building which is a public place shall have at least one entrance, which is smoke free.
(3) 
Smoking is prohibited in all places of employment within the Village, and every building, which is a place of employment, shall have at least one entrance, which is smoke free. This prohibition on smoking shall be communicated to all existing employees by the effective date of this article and to all prospective employees upon their application for employment.
D. 
Declaration of establishment as nonsmoking. Notwithstanding any other provision of this section, an owner, operator, manager or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Subsection F(1) are posted.
E. 
Posting of signs.
(1) 
"No Smoking" signs of the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every place where smoking is prohibited by this section, by the owner, operator, manager, or other person in control of that place.
(2) 
Every place where smoking is prohibited by this section shall have posted at every entrance a conspicuous signs clearly stating that smoking is prohibited.
(3) 
All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, manager, operator, or other person having control of the area.
F. 
Enforcement.
(1) 
This section shall be enforced by the Police Department or an authorized designee.
(2) 
Notice of the provisions of this section shall be given to all applicants for a business license in the Village at the time of application and annually thereafter.
(3) 
Any citizen who desires to register a complaint under this section may do so with the Police Department.
(4) 
The Police Department or its designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this section.
(5) 
An owner, manager, operator, or employee of an establishment regulated by this section shall inform persons violating this section of the appropriate provisions thereof.
G. 
Violations and penalties. Any person who smokes in an area where smoking is prohibited by the provisions of this section shall pay a penalty as determined by the Village Board that is posted in the fine schedule.
H. 
Clean indoor air.
(1) 
Intent and construction. The Village of Winneconne finds that it is in the interests of the health, safety, and welfare of the community to adopt by reference § 101.123, Wis. Stats., and subsequent amendments, additions and recodifications. It is the intent of the Village Board that where there may be conflict between § 101.123, Wis. Stats., and § 420-13 that the most restrictive section shall apply. This section shall not be construed to mean that progressive discipline of Village Employees for violations of laws, rules, and regulations is only authorized where explicitly provided by ordinance.
(2) 
Penalty. The penalties provided by § 101.123, Wis. Stats., shall be in addition to the penalties provided for violation of § 420-13 when a person has violated both laws. In addition to the penalties provided by § 420-13 and § 101.123, Wis. Stats., any Village employee who violates any provision of § 420-13 or § 101.123 Wis. Stats., may also be subject to progressive discipline by his or her employer.
I. 
Severability. The provisions of this section are severable. If any provision of this section is held to be invalid or unconstitutional or if the application of any provision of this section to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this section which can be given effect without the invalid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Village Board that this section would have been adopted had any invalid or unconstitutional provision or applications not been included herein.