[Adopted 8-9-2010 by Ord. No. 352]
Section 101.123 of the Wisconsin Statutes, as amended by 2009
Wisconsin Acts 12 and 185, which prohibits smoking in specified places,
and any future amendments to said section, are hereby adopted and
incorporated herein by reference, to apply to such places located
within the city limits of the City of Bayfield.
[Adopted 3-15-2023 by Ord. No. 403]
As used in this article, the following terms shall have the
meanings indicated:
ELECTRONIC SMOKING DEVICE
Any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including,
but not limited to, an e cigarette, e-cigar, e-pipe, vape pen, or
e-hookah.
PUBLIC EVENT
An event which is open to and may be attended by the general
public, including but not limited to, such events as concerts, fairs,
farmers' markets, festivals, parades, performances, and other
exhibitions, regardless of any fee or age requirement.
RECREATIONAL AREA
All facilities, parks, trails, open space, and other property
which is owned, leased, rented, contracted, used, or controlled by
the City of Bayfield for recreation and public use. The term includes,
but is not limited to, parks, restrooms, spectator and concession
areas, playgrounds, athletic fields, beaches, picnic areas, walking
paths, hiking trails, bike paths, boat launches, docks, and marinas.
Boats moored at docks are considered private property and are not
subject to the provisions of this article. Recreation areas include:
B.
Washington Avenue Lake Access/Beach.
C.
City Dock: effective January 1, 2024.
D.
Memorial Park Walkway: Annex and Jake's Triangle Park.
E.
Apostle Islands Marina: effective January 1, 2024.
F.
Turning Point Fountain Park.
I.
Halvor Reiten Park (includes parking area).
J.
Ernie LaPointe Boat Launch and restroom/park area.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco,
nicotine, or plant product intended for inhalation, including hookah
and marijuana, whether natural or synthetic. "Smoking" also includes
the use of an electronic smoking device.
TOBACCO PRODUCT
A.
Means:
(1)
Any product containing, made of, or derived from tobacco or
nicotine that is intended for human consumption or is likely to be
consumed, whether inhaled, absorbed, or ingested by any other means,
including, but not limited to, a cigarette, cigar, pipe tobacco, chewing
tobacco, snuff, or snus;
(2)
Any electronic smoking device as defined in this article and
any substances that may be aerosolized or vaporized by such device,
whether or not the substance contains nicotine; or,
(3)
Any component, part, or accessory of Subsection
A(1) or
(2), whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
B.
"Tobacco product" does not mean drugs, devices, or combination
products authorized for sale by the U.S. Food and Drug Administration,
as those terms are defined in the Federal Food, Drug, and Cosmetic
Act.
TOBACCO USE
The act of smoking or the use of any other tobacco product
in any form.
If any provision of this article, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall
not affect any other provision of this article that can be given effect
without the invalid provision or application. Each invalid provision
or application of this article is severable.