[HISTORY: Adopted by the Common Council of the City of Burlington 11-16-2010 by Ord. No. 1912(15). Amendments noted where applicable.]
Editor’s Note: This ordinance also repealed former Ch. 90, Smoking in Municipal Buildings, adopted 12-5-1989 by Ord. No. 1283(26), as amended.
The provisions of § 101.123 of the Wisconsin Statutes (known as "Wisconsin's Smoke Free Law"), as affected by the provisions of 2009 Wisconsin Act 12, and as may from time to time be amended, are hereby adopted by reference and made a part of this Code of Ordinances. The following amendments and modifications, however, are made to the foregoing § 101.123 that is so adopted by reference, as allowed under § 101.123(4m) of the Wisconsin Statutes:
The phrase "enclosed place" means a structure or area that is bounded by a floor, a roof, and three or more substantial walls.
The phrase "substantial wall" is any temporary or permanent wall which:
For the purpose of determining the amount of the surface area of openings to the outside of the structure in a wall:
Only that portion of an opening that permits the free flow of air from the outside of the structure into the inside of the structure shall be considered an "opening."
Fully or partially closed portions of the windows, doors, or any other type of opening in the wall shall not be considered an "opening" (i.e., only the unclosed and open portion of any window, door, or other type of opening shall be considered an "opening").
Openings to the outside in a wall of the structure have both an interior side and an exterior side. In the event the interior side and the exterior side of the opening are not equal in area, then the smaller area of the two sides of an opening shall be considered the "opening."
Screens that are a part of a door, window, or any other type of opening, and which are covered in any manner to prevent the free flow of air through the screen (such as, but not limited to, attaching a plastic film to the screen) shall not be considered part of the "opening" in the wall.
The penalty provisions contained in § 101.123 of the Wisconsin Statutes shall apply to violations of this Chapter 80.