[Adopted 5-8-2007 by Ord. No. 07-003 (Ch. 42)]
The purpose of this article is to protect the health and safety of the citizens of Oconto Falls by restricting the sale, possession, and use of tobacco products.
The City of Oconto Falls hereby adopts § 134.66, Wis. Stats., as amended from time to time.
A law enforcement officer shall seize any cigarette or tobacco product that is used or possessed in violation of this article, provided that the violation occurs in his or her presence.
A. 
A person who commits a violation is subject to a forfeiture of:
(1) 
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(2) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
B. 
If a retailer or operator fails to properly sign a vending machine under § 134.66(2b), Wis. Stats., the penalty shall be not more than $25.
C. 
A court may suspend any license or permit issued to a person for:
(1) 
Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
(2) 
Not less than three days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing two other violations; or
(3) 
Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing three or more other violations.