[HISTORY: Adopted by the Village Board of the Village of
Combined Locks as Title 8, Ch. 1, of the 1997 Code of Ordinances.
Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Board may make reasonable and general rules for
the enforcement of the provisions of this chapter and for the prevention
of the creation of health nuisances and the protection of the public
health and welfare and may, where appropriate, require the issuance
of licenses and permits. All such regulations shall have the same
effect as ordinances, and any person violating any of such regulations
and any lawful order of the Board shall be subject to the general
penalty provided for in this Code.[1]
No person shall deposit or cause to be deposited in any public
street or on any public ground or on any private property not his
own any refuse, garbage, litter, waste material or liquid or any other
objectionable material or liquid. When any such material is placed
on the person's own private property, it shall be properly enclosed
and covered so as to prevent the same from becoming a public nuisance.
A.
The Village Administrator shall annually on or before May 15th publish
as required by state law a notice that every person is required by
law to destroy all noxious weeds on lands in the Village which he
owns, occupies or controls. A joint notice with other towns or municipalities
may be utilized.
B.
If the owner or occupant shall neglect to destroy any weeds as required
by such notice, then the Weed Commissioner of the Village shall give
five days' written notice by mail to the owner or occupant of any
lands upon which the weeds shall be growing to the effect that the
said Weed Commissioner after the expiration of the five-day period
will proceed to destroy or cause to be destroyed all such weeds growing
upon said lands and that the cost thereof will be assessed as a tax
upon the lands upon which such weeds are located under the provisions
of § 66.0407 of the Wisconsin Statutes. In case the owner
or occupant shall further neglect to comply within such five-day notice,
then the Weed Commissioner shall destroy such weeds or cause them
to be destroyed in the manner deemed to be the most economical method
and the expense thereof, including the cost of billing and other necessary
administrative expenses, shall be charged against such lots and be
collected as a special tax thereon.
C.
As provided for in § 66.0407, Wis. Stats., the Village
shall require that all noxious weeds shall be destroyed prior to the
time in which such plants would mature to the bloom or flower state.
The growth of noxious weeds in excess of eight inches in height from
the ground surface shall be prohibited within the Village corporate
limits. Noxious weeds shall include any weed, grass or similar plant
growth which, if allowed to pollinate, would cause or produce hay
fever in human beings or would cause a skin rash through contact with
the skin.
(1)
Noxious weeds, as regulated in this section and in § 331-5, shall include but not be limited to the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
Cirsium Arvense (Canada Thistle).
(b)
Ambrosia artemisiifolia (Common Ragweed).
(c)
Ambrosia trifida (Great Ragweed).
(d)
Euphorbia esula (Leafy Spurge).
(e)
Convolvulus arvensis (Creeping Jenny) (Field Bind Weed).
(f)
Tragopogon dubius (Goat's Beard).
(g)
Rhus radicans (Poison Ivy).
(h)
Cirsium vulgaries (Bull Thistle).
(i)
Pastinaca sativa (Wild Parsnip).
(j)
Arctium minus (Burdock).
(k)
Xanthium strumarium (Cocklebur).
(l)
Amaranthus retroflexus (Pigweed).
(m)
Chenopodium album (Common Lambsquarter).
(n)
Rumex Crispus (Curled Dock).
(o)
Cannabis sativa (Hemp).
(p)
Plantago lancellata (English Plantain).
A.
Natural lawns defined. Natural lawn as used in this section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 331-3 of this chapter. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the Village corporate limits unless a natural lawn management plan is approved and a permit is issued by the Village as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
B.
Natural lawn management plan defined.
(1)
"Natural lawn management plan" as used in this section shall mean
a written plan relating to the management and maintenance of a lawn
which contains a legal description of lawn upon which the planted
grass will exceed eight inches in length, a statement of intent and
purpose for the lawn, a detailed description of the vegetational types,
plants and plant succession involved, and the specific management
and maintenance techniques to be employed.
(2)
Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information on the form provided
by the Village. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to most current Village records. Natural lawn management plans shall
only indicate the planting and cultivating of natural lawns on property
legally owned by the property owner. Applicants are strictly prohibited
from developing a natural lawn on any Village-owned property including
street rights-of-way. This shall include at a minimum property located
between the sidewalk and the street or a strip not less than 10 feet
adjacent to the street where there is no sidewalk whether the area
is under public or private ownership. In addition, natural lawns shall
not be permitted within 10 feet of the abutting property owner's property
unless waived in writing by the abutting property owner on the side
so affected. Such waiver is to be affixed to the lawn management plan.
(3)
Any subsequent property owner who abuts an approved natural lawn
may revoke the waiver thereby requiring the owner of the natural lawn
to remove the natural lawn that is located in the ten-foot section
abutting the neighboring property owner. Such revocation shall be
put in writing and presented to the Village Administrator by the subsequent
abutting property owner. Upon receiving the written request to revoke
the original waiver, the Village Board shall contact the owner of
the approved natural lawn and direct the owner to remove the natural
lawn located in the ten-foot section abutting the neighboring property
owner. The Village Board shall revise the approved natural lawn permit
accordingly. The owner of the approved natural lawn shall be required
to remove the ten-foot section abutting the neighboring property owner
within 20 days of receipt of the written notification from the Village
provided the notification is received sometime between May 1 and November
1. Property owners who receive notification from the Village between
November 1 and April 30 shall be required to remove the ten-foot section
abutting the neighboring property owner no later than May 20 following
receipt of the notification.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Application process.
(1)
Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
from the Village Administrator. The completed application shall include
a natural lawn management plan. Upon submitting a completed application,
a nonrefundable filing fee in an amount as set from time to time by
the Village Board will be assessed by the Village. Upon receiving
payment, copies of the completed application shall be mailed by the
Village to each of the owners of record, as listed in the Office of
the Village Assessor, who are owners of the property situated wholly
or in part within 300 feet of the boundaries of the properties for
which the application is made. If within 15 calendar days of mailing
the copies of the complete application to the neighboring property
owners the Village receives written objections from 51% or more of
the neighboring property owners, the Village Administrator shall immediately
deny the application. Neighboring property owners shall be defined
as all those property owners who are located within 300 feet of the
proposed natural lawn site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
If the property owner's application is in full compliance with the
natural lawn management plan requirements and less than 51% of the
neighboring property owners provide written objections, the Village
Administrator shall issue permission to install a natural lawn. Such
permit shall be valid for two years. Permit renewals shall follow
the procedures in this section.
D.
Application for appeal. The property owner may appeal the Administrator's
decision to deny the natural lawn permit request to the Village Board
at an open meeting. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural lawn
management plan. The decision rendered by the Village Board shall
be final and binding.
E.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief of the Department serving
the Village of Combined Locks, the presence of a natural lawn may
constitute a fire or safety hazard due to weather and/or other conditions,
the Fire Chief may order the cutting of natural lawns to a safe condition.
As a condition of receiving approval of the natural lawn permit, the
property owner shall be required to cut the natural lawn within the
three days upon receiving written direction from the Fire Chief.
(2)
Natural lawns shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the lawn management plan. The Fire Chief shall review
all requests to burn natural lawns and shall determine if circumstances
are correct and all applicable requirements have been fulfilled to
insure public safety. Burning of natural lawns shall be strictly prohibited
unless a written permit to burn is issued by the Fire Chief. The Fire
Chief shall establish a written list of requirements for considering
each request to burn natural lawns, thereby insuring the public safety.
In addition, the property owner requesting permission to burn the
natural lawn shall produce evidence of property damage and liability
insurance identifying the Village as a party insured. A minimum amount
of acceptable insurance shall be $300,000.
F.
Revocation of an approved natural lawn permit. The Village President,
upon the recommendation of the Weed Commissioner, shall have the authority
to revoke an approved natural lawn permit if the owner fails to maintain
the natural lawn or comply with the provisions set forth in this section.
Notice of intent to revoke an approved natural lawn permit shall be
appealable to the Village Board. All applications for appeal shall
be submitted within 15 calendar days of receipt of the written Notice
of Intent to revoke the approved natural lawn management plan. Failure
to file an application for appeal within the 15 calendar days shall
result in the revoking of the natural lawn permit. All written applications
for appeal filed within the 15 calendar day requirement shall be reviewed
by the Village Board in an open meeting. The decision rendered by
the Village Board shall be final and binding.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Public nuisance defined; abatement after notice.
(1)
The growth of a natural lawn as defined in this section shall be
considered a public nuisance unless a natural lawn management plan
has been filed and approved and a permit is issued by the Village
as set forth in this section. Violators shall be served with a notice
of public nuisance by certified mail to the last-known mailing address
of the property owner.
(2)
If the person so served with a notice of public nuisance violation
does not abate the nuisance within 10 days, the Enforcement Officer
may proceed to abate such nuisance, keeping an account of the expense
of the abatement, and such expense shall be charged to and paid by
such property owner. Notice of the bill for abatement of the public
nuisance shall be mailed to the owner of the premises and shall be
payable within 10 calendar days from receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
Village Administrator shall enter those charges onto the tax roll
as a special tax as provided by state statute.
(3)
The failure of the Village Administrator to record such claim or
to mail such notice or the failure of the owner to receive such notice
shall not affect the right to place the Village expense on the tax
rolls for unpaid bills for abating the public nuisance as provided
for in this section.
H.
Penalty.
(1)
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-3.
(2)
In addition to any penalties herein provided, the Village may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued building permit for any violation of this section.
A.
Purpose. This section is adopted due to the unique nature of the
problems associated with lawns, grasses and noxious weeds being allowed
to grow to excessive length in the Village of Combined Locks.
B.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 580, Zoning, within the Village of Combined Locks which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience and adversely affects property values of other land within the Village. For that reason, any nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 331-4 above.
C.
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled by him/her within the Village of Combined Locks.
D.
Inspection. The Weed Commissioner or his/her designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in Subsection B above exists.
E.
Abatement of nuisance.
(1)
If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he/she shall immediately cause written notice to be served that the Village proposes to have the lot grass or lawn cut so as to conform with this section and § 331-4. During the same growing season, there will be no other notice to property owners to abate. If a second complaint is received and substantiated during the same growing season regarding the same parcel of land, the Village will cut the property and bill the owner for time, machinery, and administrative costs. The Village Board has determined that it has zero tolerance regarding this issue. The abatement is the owner's responsibility.
(2)
The notice shall be delivered at least 72 hours prior to the date
of the hearing and shall be mailed or served on the owner of the lot
or parcel of land or, if he/she is not known and there is a tenant
occupying the property, then to the tenant, of the time and place
at which the hearing will be held.
F.
Due process hearing. If the owner believes that his/her grasses or
weeds are not a nuisance, he/she may request a hearing before the
Board of Appeals. The request for said hearing must be made in writing
to the Village Administrator's office within the 72 hours set forth
in the Weed Commissioner's notice. Upon application for the hearing,
the property owner must deposit a $50 cash bond. If the property owner
fails to appear for the hearing or if the decision is rendered against
the property owner, the deposit shall be forfeited and applied to
the cost of Village personnel abating the nuisance, if necessary.
When a hearing is requested by the owner of the property, a hearing
by the Board of Appeals shall be held within five days from the date
of the owner's request. The property in question will not be mowed
by the Village until such time as the hearing is held by the Board
of Appeals. At the hearing, the owner may appear in person or by his/her
attorney, may present witnesses in his/her own behalf and may cross-examine
witnesses presented by the Village as well as subpoena witnesses for
his/her own case. At the close of the hearing, the Board of Appeals
shall make its determination in writing specifying its findings, facts,
and conclusions. If the Board of Appeals determines that a public
nuisance did exist, the Board of Appeals shall order the Weed Commissioner
to mow the property in question unless the property has been mowed
by the owner within 24 hours of the Board of Appeals' decision. If
the owner does not abate the nuisance within the described 24 hours,
the Weed Commissioner shall cause the same nuisance to be abated and
cost in excess of the forfeited fee assessed accordingly.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Village's option to abate nuisance. In any case where the owner,
occupant or person in charge of the property shall fail to cut his
lawn, grass or weeds as set forth above, then, and in that event,
the Village may elect to cut said lawn, grass or weeds as follows:
(1)
The written notice required in Subsection E shall inform said person that in the event of his/her failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The Village shall cut or cause to be cut all grass and weeds from
the subject's property and shall charge the expenses of so doing at
a rate as established by resolution by the Village Board. The charges
shall be set forth in a statement to the Village Administrator who,
in turn, shall mail the same to the owner, occupant or person in charge
of the subject premises. If said statement is not paid in full within
30 days thereafter, the Village Administrator shall enter the charges
in the tax roll as a special tax against said lot or parcel of land,
and the same shall be collected in all respects like other taxes upon
real estate, or as provided under § 66.0907(3)(f), Wisconsin
Statutes.
A.
Connection notice. Whenever public sewer or water service has become
available to any building used for human habitation or human occupancy,
the Village Board shall notify in writing the owner, agent or occupant
thereof to connect such facilities thereto. If such persons to whom
the notice has been given shall fail to comply for more than 10 days
after notice, the Village Board shall cause the necessary connections
to be made and the expenses thereof to be assessed as a special tax
against the property pursuant to § 281.45 of the Wisconsin
Statutes.
B.
Compliance extension. The Village Board may extend the time for connection
hereunder or may grant other temporary relief where strict enforcement
would work an unnecessary hardship without corresponding public or
private benefit.
C.
Statutory authority. This section is enacted pursuant to § 281.45
of the Wisconsin Statutes.
A.
Inspections. Whenever the Building Inspector, Fire Inspector or other authorized Village official shall, upon inspection of any premises within the Village of Combined Locks find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, outmoded or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or thing which create a fire or health hazard, or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Combined Locks in general, such official shall issue his/her written order to the owner and/or occupant of the premises to remove said garbage, junk, rubbish, rubble or trash, abandoned, outmoded, or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or other unhealthy, hazardous or unsightly materials or things. Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
B.
Appeal. Any person feeling himself/herself aggrieved by any order
of a Village official under this section may, within 10 days from
the date of receipt of such order, appeal such order to the Village
Board.
C.
Exceptions. Nothing contained in this section shall be construed
to prohibit the depositing of rubbish, rubble, junk, trash, abandoned,
outmoded or nonsalable merchandise or parts or unsightly materials
or things which are:
D.
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 580, Zoning, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
A.
A RODENT-PROOF CONTAINER
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENT-PROOFING
Definitions. The following definitions shall be applicable in this
section:
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container such as doors shall be tight-fitting
to prevent the entrance of rodents.
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the Village,
as executor, administrator, trustee, guardian or agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this section and
shall be bound to comply with the provisions of this section to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his/her designee shall be
deemed and taken to be a good and sufficient notice, as if such person
or persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as a place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumber yard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
Shall consist of closing openings in building foundations
and openings under and around doors, windows, vents and other places
which could provide means of entry for rodents, with concrete, sheet
iron, hardware cloth or other types of rodent-proofing material approved
by the Village.
B.
Elimination of rodent harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies or any other materials provide
rodent harborage, the person, firm or corporation owning or in control
of such materials shall cause the materials to be removed or the materials
shall be stored so as to eliminate the rodent harborage. Lumber boxes
and similar materials shall be neatly piled. These piles shall be
raised at least a foot above the ground. When the owner of the materials
cannot be found after a reasonable search, the owner or manager of
the premises on which the materials are stored shall be responsible
for disposal, or proper piling, of the materials.
C.
Elimination of rodent-feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as a food for rodents in a site accessible to rodents. Any waste material
that may serve as food for rodents shall be stored in rodent-proof
containers. Feed for birds shall be placed on raised platforms, or
such feed shall be placed where it is not accessible to rodents.
D.
Extermination. Whenever rodent holes, burrows or other evidence of
rodent infestation are found on any premises or in any building within
the Village, it shall be the duty of the owner or manager of such
property to exterminate the rodents or to cause the rodents to be
exterminated. Within 10 days after extermination, the owner or manager
shall cause all of the rodent holes or burrows in the ground to be
filled with earth or other suitable material.
E.
Rodent-proofing. It shall be the duty of the owner or manager of
any building in the Village of Combined Locks to make such building
reasonably rodent-proof, to replace broken basement windows and, when
necessary, to cover the basement window openings with hardware cloth
or other suitable material for preventing rodents from entering the
building through such window openings.
A.
Purpose and intent. The purpose of this section is to promote the
recycling of yard wastes and certain kitchen wastes through composting
and to establish minimum standards for proper compost maintenance.
B.
COMPOST
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter) bushes,
shrubs, plants, leaves and garden debris. Kitchen waste shall be any
uncooked plant matter not contaminated by or containing meat, fish
and/or dairy products.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Maintenance. All compost piles shall be maintained using approved
composting procedures to comply with the following requirements:
(1)
All compost piles shall be enclosed in a free standing compost bin.
Each compost bin shall be no larger in volume than 125 cubic feet,
and shall be no taller than 42 inches.
(2)
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Village to proceed under § 331-8.
(3)
All compost bins shall be so maintained as to prevent unpleasant
odors.
(4)
No compost bin shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or Village in general.
(5)
Locational requirements.
(a)
All compost bins shall be located not less than three feet from
a property line or principal building or dwelling and three feet from
any detached accessory building.
(b)
A variance from these setback requirements may be applied for
if the property owner(s) can show a hardship exists which prohibits
compliance. In addition, any variance application must include a signed
written approval of the variance request from the adjacent property
owner(s). Variances can be granted by the Building Inspector on an
annual basis upon the proper application being submitted by the property
owner(s). Screening and/or fencing of compost bins may be required
as a condition of a variance being granted.
(6)
No compost bin shall be located in any yard except a rear yard, as defined in the Village Zoning Code. A compost bin may be located in a side yard as defined in Chapter 580, Zoning, subject to the annual variance procedure contained in Subsection C(5)(b) and must be screened from view to the street.
(7)
Those composting bins which existed prior to the adoption of this
section shall be given one year to comply with the requirements set
forth herein.
D.
Ingredients.
(2)
Permitted ingredients in a compost bin shall include the following:
(a)
Yard waste;
(b)
Coffee grounds and used tea leaves;
(c)
Uncooked plant matter not contaminated by or containing meat,
fish, and/or dairy products;
(d)
Commercial compost additives;
(e)
Owner responsibility. Every owner or operator shall be responsible
for maintaining all property under his or her control in accordance
with the requirements of this section.
A.
Purpose. It is recognized that smoking is not only hazardous to the
health of those who smoke, but also to the health of nonsmokers when
in the presence of those who are smoking. Therefore, the purpose of
this section is to protect the public health, comfort, safety and
welfare by prohibiting smoking in certain areas.
B.
BUSINESS
CONCESSION AREA
EMPLOYEE
EMPLOYER
ENCLOSED AREA
HEALTH CARE FACILITY
PLACE OF EMPLOYMENT
PRIVATE RESIDENCE
PUBLIC PLACE
SERVICE LINE
SMOKING
TAVERN
Definitions. For purposes of this section, the following words and
phrases shall have the meaning given herein unless different meanings
are clearly indicated by the context:
A sole proprietorship, partnership, joint venture, corporation
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered, and private
clubs.
A place where food, drink or other refreshments are purchased
directly from a concession stand.
A person who may be required or directed by any employer,
in consideration of direct or indirect gain or profit, to engage in
any employment, or to go to work or be at any time in any place of
employment.
A person, business, partnership, association, or trust, and
a firm, corporation, including a municipal corporation, for-profit
or nonprofit entity, or governmental agency under the Village's authority
that has control over a place of employment.
All space between a floor and a ceiling that is bound by
walls, doors, or windows, whether open or closed, covering more that
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.
An office or institution providing care or treatment of diseases,
whether physical, mental or emotional, or other medical, physiological,
psychological conditions, including but not limited to hospitals,
rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, or other similar types of places.
Any area under the control of an employer including, but
not limited to, work areas, private offices, elevators, employee lounges,
restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias,
hallways, stairways, a lobby, and vehicles. A private residence shall
not be considered a place of employment unless it is used as a child
care, adult day care or health care facility.
Premises owned, rented or leased for temporary or permanent
habitation, including lobbies, hallways and other common areas in
any apartment building, condominium, retirement facility, nursing
home or other multiple-unit residential facility.
Any area into which the public is invited or permitted, regardless
of whether a fee is charged, including elevators, reception areas,
waiting rooms, cafeterias, rest rooms, lobbies, hallways and other
common areas in any retail building, mixed-use commercial building,
apartment building, condominium, retirement facility, nursing home
or other multiple-unit residential facility. A private residence located
within a mixed-use commercial building is not a public place unless
it is used as a child care, adult day care or health care facility.
An indoor or outdoor line in which one or more persons are
waiting for or receiving service of any kind, whether or not the service
involves the exchange of money, including but not limited to ATM lines,
concert lines or waiting for public transportation. The term "service
line" does not include lines in which people wait in their vehicle
such as a drive-through or car wash line.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other lighted tobacco product in any manner or
in any form.
Any establishment licensed pursuant to Ch. 125, Wis. Stats.,
with a full service bar in which fermented malt beverages and/or intoxicating
liquors are sold for consumption on said premises and whose sale of
alcohol beverages accounts for 50% or more of the establishment's
gross receipts for meals and beverages, including alcohol beverages
for the establishment's most recent license year. This section shall
also include but not be limited to bars, nightclubs, cocktail lounges,
and cabarets.
C.
Prohibition on smoking.
(1)
Public places. Smoking is prohibited in any enclosed area of a public
place, service lines or designated Village property. Nothing in this
section shall be interpreted as a limitation on the right of a property
owner to prohibit smoking in any area where smoking is not permitted
by this section.
(2)
Place of employment. It shall be unlawful for any person to smoke
cigarettes or tobacco products in any enclosed area of a place of
employment.
(3)
Prohibited areas.
(a)
Smoking is prohibited in the following places:
[1]
Concession areas of restaurants;
[2]
Service lines;
[3]
Bus shelters;
[4]
Theaters;
[5]
Day-care centers;
[6]
Educational facilities;
[7]
Restaurants;
[8]
Taverns;
[9]
Private clubs;
[10]
Retail establishments;
[11]
Common areas of multiple unit residential properties;
[12]
Lodging establishments;
[13]
Inpatient health care facilities;
[14]
Government buildings;
[15]
Outdoor seating areas such as stadiums, bleachers
or outdoor auditoriums for spectator sports events; and
[16]
Outdoor theaters, amphitheaters, public conveyances
(mass transit vehicles and school buses), pavilions, gymnasiums, swimming
pools, skating rinks, bowling center, or similar areas used by spectators
at other public events.
(b)
Smoking is prohibited in all enclosed places other than those
listed, which are places of employment or public places.
(4)
Village parks. Smoking is prohibited in any enclosed area in Village
parks.
(5)
Paraphernalia prohibited. Ashtrays, matches, and other smoking paraphernalia
shall not be located in areas where smoking is prohibited.
D.
Exceptions. The following areas shall not be subject to the smoking
restrictions of this section:
(1)
Private residences exception. Private residences are exempt from
this section unless they are used as a child care facility, adult
care facility, or health care facility.
(2)
Certain assisted living units exception.
(a)
A room used by only one person in an assisted living facility
as his or her residence.
(b)
A room in an assisted living facility in which two or more persons
reside if every person who lives in that room smokes and each of those
persons has made a written request to the person in charge of the
assisted living facility to be placed in a room where smoking is allowed.
E.
Posting of signs.
(1)
Conspicuous signage requirement. Every public place, place of employment,
or any other area where smoking is prohibited by this section shall
have posted at every entrance a conspicuous sign clearly stating that
smoking is prohibited. Every vehicle that constitutes a place of employment
shall post a conspicuous sign likely to be seen by any occupant clearly
stating that smoking is prohibited. Use of the international "No Smoking"
symbol, a pictorial representation of a burning cigarette in a red
circle with a red bar across the cigarette, shall be construed as
a clear statement that smoking is prohibited.
(2)
Affirmative duty. The posting of signs is an affirmative duty upon
the owner or operator of a public place, but failure of the owner
or operator of a public place to post such signs shall not be a defense
to prosecution of a violation of this section. All such signs shall
reference this section of the Village of Combined Locks Code of Ordinances.
(3)
Signage standards. Each sign and the language contained therein shall
be clearly visible from a distance of at least 10 feet. A sign approved
by law enforcement shall not be smaller than 8 1/2 inches by
1 1/2 inches, except that signs in specified outdoor areas may
be reduced in size and be displayed on fencing in sports activity
areas. Every vehicle that constitutes a place of employment under
this section shall have at least one sign, visible from the exterior
of the vehicle, clearly stating that smoking is prohibited.
(4)
Unlawful defacing. It shall be unlawful for any person to remove,
deface, or destroy any sign required by this section, or to smoke
any place where any such sign is posted.
F.
Enforcement.
(1)
Compliance authority. Law enforcement, the Village Zoning Administrator
or their designee(s) shall have the power, under law, to enter upon
the premises named in this section to ascertain whether the premises
are in compliance with this section.
(2)
Responsibility of proprietor or manager. The proprietor, employer
or other person in charge of premises regulated hereunder, upon either
observing or being advised of a violation, shall make reasonable efforts
to prevent smoking in prohibited areas by approaching smokers who
fail to voluntarily comply with this section and requesting that they
extinguish their cigarette or tobacco product and refrain from smoking.
If the person refused to comply, the proprietor, employer or other
person in charge may ask the person to leave the premises, and to
contact the law enforcement if the person does not leave after being
requested to do so.
(3)
Complaints. Any person who desires to register a complaint under
this section may contact law enforcement.
(4)
Penalties. Any person who violates, or knowingly allows or permits
any violation of any provision of this section, shall be subject to
a forfeiture of not less than $100 and not more than $250 per violation.
However, anyone who violates the person in charge provisions shall
receive a warning notice to be issued for the first violation. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues.
G.
Other applicable laws and regulations. This section shall not be
interpreted or construed to permit smoking where it is otherwise restricted
by other law or regulation.
A.
Purpose. It is recognized that the use of any tobacco-related product
is hazardous to an individual's health and may affect the health of
nontobacco users when in the presence of tobacco users. This section
is adopted for the purpose of protecting the public health, safety,
comfort and general welfare of residents and nonresidents of the Village
of Combined Locks, and further recognizes the rights of nontobacco
users.
B.
Use prohibitions. The use of all tobacco products on premises owned,
leased or rented by, or under the control of, any public school board
is prohibited where any school premises are located within the municipal
boundaries of the Village of Combined Locks.
