[HISTORY: Adopted by the Village Board of
the Village of Waterford as indicated in article histories. Amendments
noted where applicable.]
[Adopted as §§ 9.15 through
9.165 and 9.20 of the 1998 Code]
[Amended 7-12-2010 by Ord. No. 558]
A.
Statewide smoking ban. Wisconsin Statutes § 101.123, Smoking
prohibited, is hereby adopted as though fully set forth herein in
order to protect the health and comfort of the public, pursuant to
Wis. Stats. § 101.123(4m). The prohibition against smoking
in enclosed places set forth in Wis. Stats. § 101.123, effective
on July 5, 2010, includes, but is not limited to, smoking in enclosed
public places, places of employment, day-care centers, educational
facilities, theaters, restaurants, taverns, private clubs, retail
establishments, common areas of certain multiple-unit residential
properties, lodging establishments, and public buildings. The statute
also imposes responsibilities on persons in charge of the listed sites,
including but not limited to: requiring that persons in charge may
not allow smoking, and persons in charge must make reasonable efforts
to prohibit persons from smoking in those sites by posting signs,
refusing to serve persons who are smoking in restaurants, taverns
and private clubs, asking persons to refrain from smoking or leave
the premises, and notifying law enforcement of violations if persons
refuse to leave the premises.
B.
Use of any form of tobacco prohibited on school grounds. No person
shall chew, ingest or in any other way use tobacco products of any
nature in the buildings or on the grounds of real property owned by
the Waterford Union High School District or the Waterford Grade School
District Joint Number 1 located within the corporate limits of the
Village.
C.
Use of any form of tobacco prohibited within public buildings. No
person shall chew, ingest or in any other way use tobacco products
of any nature in any public building owned or occupied by the Village
and located within the corporate limits of the Village.
[Amended 1-23-2006 by Ord. No. 489; 1-24-2011 by Ord. No. 566]
The provisions of Wis. Stats. § 254.92 are hereby
adopted in strict conformance with said statute, as authorized in
Wis. Stats. § 254.92(4), as follows:
A.
No person under 18 years of age may falsely represent his or her
age for the purpose of receiving any cigarette or tobacco product.
B.
No person under 18 years of age may purchase, attempt to purchase,
or possess cigarettes or tobacco products, except a person under the
age of 18 years may purchase or possess cigarettes or tobacco products
for the sole purpose of resale in the course of employment during
his or her working hours if employed by a retailer, and a person under
18 years of age, but not under 15 years of age, may purchase or attempt
to purchase cigarettes and tobacco products in the court of his or
her participation in an investigation under Wis. Stats. § 254.916
that is conducted in accordance with Wis. Stats. § 254.916(3).
C.
No person may purchase cigarettes on behalf of, or to provide to,
any person under the age of 18.
D.
A law enforcement officer shall seize any cigarette or tobacco product
that has been sold to and is in the possession of a person under 18
years of age.
[Added 2-23-1998 by Ord. No. 361]
The Village of Waterford shall adopt Wis. Stats.
§ 134.66, all as though fully set forth herein, and providing
that this article adopting this state statute by incorporation shall
strictly conform to the state model.
[Adopted 1-10-2002 by Ord. No. 386]
The provisions of Wis. Stats. § 134.65,
relating to the sale of cigarettes and tobacco products, are adopted
in their entirety.
A.
No person shall directly or indirectly sell, expose
for sale, possess with intent to sell, exchange, barter, dispose of
or give away any cigarettes or tobacco products without first obtaining
a license from the Clerk.
[Amended 11-22-2004 by Ord. No. 467]
B.
The fee for such license shall be in an amount set
by the Village Board. The license period shall be from July 1 through
and including the following June 30 unless sooner revoked.
[Amended 11-22-2004 by Ord. No. 467]
The application for such license shall be obtained
from the Clerk. Such completed application shall be approved by the
Village Board prior to issuance of the license.
