Hurley - February 10, 2010

Tuesday evening, Hurley Police Chief Dan Erspamer appeared at the City Council in regard to the Wisconsin statewide smoking ban that goes into effect July 5 2010. The information regarding the new law will be important not only to Wisconsin residents, but as important to those living near the Michigan-Wisconsin Border. For those who continue to smoke, life will become a great deal more complicated after the Fourth of July celebrating has concluded. Chief Erspamer provided the following items to help “clear the air” around the issues.

Where is indoor smoking allowed?
 
The ban on smoking does not apply in:
·   A private residence;
·   A retail tobacco store or tobacco bar in exis­tence on June 3, 2009;
·   A room used as a residence by only one per­son in an assisted living facility or such a I room in which all occupants have requested
in writing to be allowed to smoke; and
·   Tribal casinos or facilities (due to tribal sover­eignty provided under federal law).

May indoor smoking areas be set aside?

No. Act 12 repeals the authority of a person in charge of a building to designate rooms or parts of rooms as smoking areas.

May local governments enact smoking ordi­nances?

Yes. Counties, cities, villages, and towns may enact ordinances, and school districts may.adopt policies that, complying with the pur­pose of the law, protect the health and comfort of the public. Any such rule regulating or pro­hibiting outside smoking in certain areas may apply only to public property under the juris­diction of the governmental unit.

May businesses provide outdoor smoking areas?
 
Yes. Outdoor smoking areas may be desig­nated by taverns, restaurants, private clubs, or retail establishments that are a "reasonable dis­tance" from any entrance to the facility so that customers, employees, and others associated with the business may smoke. A municipal smoking ordinance may not define the term "reasonable distance," nor may it specify a minimum measured distance.

What is the penalty for illegal smoking?

A person who smokes where it is prohibi­ted is subject to a forfeiture of not less than $100 nor more than $250 for each violation.
If the person in charge of a facility fails to take any required action to stop illegal smok­ing, he or she is subject to a forfeiture of $100 for each violation, but no more than one penalty per day. If the person in charge has not previously received a warning notice, then the law enforcement officer must issue a warning for the first violation in lieu of a citation.

Who enforces the law?

The person in charge of a facility is respon­sible for making reasonable efforts to prohibit persons from illegally smoking. For example, a bartender may not provide matches, ash­trays, or other smoking-related equipment, and must take all of the following steps:
·   Post warning signs or provide other appropriate notification;
·   Refuse to serve a person who is smoking in a tavern, restaurant, or private club;
·   Ask a person who is smoking to refrain from doing so;
·   Ask a person to leave if he or she refuses to stop smoking; and
·   Immediately notify an appropriate law enforcement agency if a smoker refuses to leave after being asked to do so.

A person in charge may take other mea­sures to prevent a person from being exposed to secondhand smoke.

Sheriffs and municipal police officers may issue citations if they observe someone smok­ing where it is not permitted, or they may respond to citizen complaints or when notified by the person in charge of a facility. The Wis­consin Department of Justice is also authorized to enforce the antismoking law.

An arrest or conviction for a violation of the law may not be considered in any action to revoke, suspend, or refuse to renew an alcohol beverage license or permit.