The Village hereby adopts, by reference, the provisions of Wisconsin Statutes § 101.123, Smoking prohibited, pertaining to the statewide smoking ban with the exclusion of § 101.123(8)(a), (d), (dm) and (em), and instead hereby adopts the forfeitures established in the Village of Fox Crossing Municipal Code Chapter A450, Fines and Penalties, by reference of this Code section.
[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
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Editor's Note: This article derives from Ch. 21 of the former Municipal Code, added 7-12-2010.
For purposes of enforcing the smoking ban in the Village of Fox Crossing, the following definitions shall apply:
A structure or area that has a roof and more than two substantial walls.
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.
Between November 1 and April 1, windbreaks consisting of a minimum 3/16 inch thick clear acrylic material meeting all local and state codes and referenced standards may be installed on the perimeter of the outdoor premises. The temporary windbreak shall comply with the requirements of § 101.123, Wis. Stats., so that the outdoor premises does not become an enclosed space as defined in § 101.123(1)(ak), Wis. Stats., when the temporary windbreak is installed. No obstructions of any kind may be posted on the clear acrylic material.
The Village of Fox Crossing Police Department and/or Building Official shall have the power to enter any premises subject to the smoking ban under state law to ascertain whether the premises is in compliance with this article and take appropriate enforcement action pursuant to § 101.123, Wis. Stats.
In the event any section, subsection, clause, phrase or portion of this article is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this article. It is the legislative intent of the Village Board that this article would have been adopted if such illegal provision had not been included or any illegal application had not been made.