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HomeMy WebLinkAboutOrdinance 2017 (857) Ordinance No. 857 (2017) S0��, UNTY ORDINANCE CREATING CHAPTER 32 SMOKING ON COUNTY PROPERTY 1 WHEREAS, over the years, the St. Croix County Board has passed numerous resolutions 2 prohibiting the use of tobacco products in County buildings, vehicles and on County property: 3 4 Res. 436(84) Prohibiting Smoking During County Board Meetings 5 Res. 434(92) Requesting Creation of Smokefree County Government Buildings and 6 Passenger Vehicles 7 Res. 418(05) Local Control Resolution (Authority to protect people from the harmful 8 effects of secondhand smoke.) 9 Res. 434(09) For a Tobacco-Free Policy for County Grounds with Government 10 Buildings, County-owned Parks, the Fairgrounds and County-Owned 11 Vehicles (As Amended) 12 Res. 410(10) Modifying County Policy Regarding the Use of Tobacco on County 13 Properties 14 ; and 15 16 WHEREAS, use of E-cigarettes in certain County buildings has become an issue; and 17 18 WHEREAS, E-cigarettes are not addressed in the current policy; and 19 20 WHEREAS, the County's policy is generally restated in Article 9, Section 11 Tobacco- 21 Free Workplace and Article 13 - Discipline in the Human Resources Handbook; and 22 23 WHEREAS, regulations for the public's use of tobacco products on County property is 24 not readily available; and 25 26 WHEREAS, on September 1, 2015 the Government Center was limited to one controlled 27 access for employees and the public; and 28 29 WHEREAS, it is in the best interest of the County to protect the health and workplace 30 environment of County employees and the general public by regulating smoking and tobacco 31 use, including E-cigarettes, in all County buildings and on all County government property and 32 clearly defining its current policy by creating an Ordinance and updating the Human Resources 33 Handbook; and 34 35 WHEREAS, Wisconsin Statutes § 101.123(4m) allows counties to adopt an ordinance 36 regulating smoking and tobacco product use. 37 38 THEREFORE, be it ordained by the St. Croix County Board of Supervisors that Chapter 39 32 - Smoking and Tobacco Use on County Property of the St. Croix County Code of Ordinances 40 is hereby created and attached hereto. 41 42 FURTHER, the County Administrator is hereby directed to forward proposed 43 amendments to the St. Croix County Human Resources Policies and Procedures Handbook 44 consistent with this Ordinance,pursuant to Article 1, Section 10 of said Handbook. 45 46 FURTHER, be it ordained that this ordinance shall be effective upon passage and 47 publication. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No fiscal impact. k , cott . C:"ox, Corpora om 'ounsel 5/° 2/2017 µ 'Q) d a ® r amlrcrt 14—ite , F �mamicc mrrcctor 5/1 01.7 1' m cucA T6m�bnrlu rAmw("Kauuummy lmlum dwmu mr,mtor -5 2/2017 05/17/17 Enacted 05/17/17 Administration Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Ron Kiesler, Supervisor SECONDER: Shaela Leibfried, Supervisor AYES: Roy Sjoberg, Jill Ann Berke, Ron Kiesler, Shaela Leibfried 06/06/17 Board of Supervisors POSTPONED Next: 08/01/17 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: POSTPONED [14 TO 3] Next: 8/1/2017 5:00 PM MOVER: Daniel Hansen, Supervisor SECONDER: Ron Kiesler, Supervisor AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Nelson, Larson, Hansen, Kiesler, Brinkman, Peterson, Anderson, Leibfried, Peavey NAYS: Bob Long, Jill Ann Berke, Judy Achterhof ABSENT: Dave Ostness 07/11/17 Health & Human Services Board RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Tom Coulter, Supervisor SECONDER: Paulette Anderson, Supervisor AYES: Logelin, Babbitt, Coulter, Long, Anderson, Leibfried, Rasmussen ABSENT: Lisa Ramsay Vote Confirmation. r Roy `jobb , tapervi`:,or 5/23/`01 SL Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: ENACTED [UNANIMOUS] MOVER: Paulette Anderson, Supervisor SECONDER: Roy Sjoberg, Supervisor AYES: Sicard, Ring, Coulter, Sjoberg, Long, Nelson, Berke, Ostness, Larson, Hansen, Peterson, Anderson, Achterhof, Leibfried, Peavey, Ard, Moothedan ABSENT: Christopher Babbitt, Andy Brinkman This Ordinance was ENACTED by the St. Croix County Board of Supervisors on August 1, 2017 Cindy Campbell, County Clerk CHAPTER 32 SMOKING AND TOBACCO USE ON COUNTY PROPERTY 32.01 Authority. This ordinance is adopted pursuant to the authority granted by Wisconsin Statutes §101.123 (4m). 32.02 Purpose. To protect the health and workplace environment of County employees and the general public by regulating smoking and other tobacco use on all County government property including County buildings, County-owned parks, the fairgrounds and County-owned motor vehicles and equipment. 32.03 Definitions. (A) County Government Property All property owned by St. Croix County, including County buildings; County buildings leased to other entities; County-owned parks including bathrooms, shelters, accessory and maintenance buildings; the fairgrounds and its' buildings in Glenwood City; County-owned motor vehicles and equipment; and all County leased properties, buildings, motor vehicles and equipment. (B) County Parks All recreational areas owned by St. Croix County: (1) Glen Hills Park (2) Homestead Parklands on Perch Lake (3) Troy Beach (4) Pine Lake Park (5) Apple River Property (6) Bass Lake Boat Landing (7) Squaw Lake Boat Landing (8) Stanton Forest (9) Kinnickinnic Forest (10) Wildwood Trail (C) Electronic Smoking Device Any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, a-pipe, or under any other product name or descriptor. The term shall not include inhalable smoking cessation devices prescribed by a physician. (D) Smoke The gases, particles, aerosol or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. (E) Smoking Burning, inhaling or exhaling smoke or vapor from, any of the following items: (1) A lighted cigar (2) A lighted cigarette (3) A lighted pipe (4) Any other lighted smoking equipment (5) An electronic smoking device, without a valid prescription (F) Smokeless Tobacco Tobacco that is not smoked but used in another form such as chewing tobacco or snuff. (G) Tobacco Product Any form of tobacco prepared in a manner suitable for smoking but not including a cigarette. 32.04 Smoking and Smokeless Tobacco Prohibited. (A) Except as specifically provided in this chapter, smoking and smokeless tobacco are prohibited in and on all St. Croix County Government property and all County leased properties, buildings, motor vehicles and equipment. (B) No area within any County Government facility shall be designated as a smoking area. 32.05 Exceptions. The prohibitions contained in section 32.04 shall not apply to the following: (A) Smoking in privately owned motor vehicles on real property owned by St. Croix County. (B) Jurors may smoke in a designated outdoor area in the presence of a bailiff. (C) Designated outdoor areas at the following County Government buildings: (1) Government Center (including Sheriff's Office and Jail/Huber) — Hudson (2) Services Center— New Richmond (3) Health Center— New Richmond (4) Agricultural Center— Baldwin (5) Highway Department— Hammond (including shops located throughout the County) (D) Outdoor areas in County-owned parks, fairgrounds and County park campgrounds. 32.06 Penalty Violation of any provision of this chapter shall result in a forfeiture of $100 for the first offense and $200 for the second and any subsequent offense, plus statutory costs and fees. 32.07 Enforcement This chapter may be enforced by the issuance of a citation by officials or designees of officials authorized to issue smoking and smokeless tobacco citations. 32.08 References to Statutes. References to specific statutory sections wherever used in this ordinance shall mean the most current Wisconsin Statutes, and any future amendments, revisions or modifications thereof which are expressly incorporated herein. 32.09 Effective Date. This ordinance shall be effective upon passage and publication. Ordinance No. 5.3 Ordinance No. ST C R01,X, Af!,,'0; UNTY, ORDINANCE CREATING CHAPTER 32 SMOKING ON 'r r�rh',�';r COUNTY PROPERTY 1 WHEREAS, over the years, the St. Croix County Board has passed numerous resolutions 2 prohibiting the use of tobacco products in County buildings, vehicles and on County property: 3 4 Res. #36(84) Prohibiting Smoking During County Board Meetings 5 Res. #34(92) Requesting Creation of Smokefree County Government Buildings and 6 Passenger Vehicles 7 Res. #18(05) Local Control Resolution (Authority to protect people from the harmful 8 effects of secondhand smoke.) 9 Res. #34(09) For a Tobacco-Free Policy for County Grounds with Government 10 Buildings, County-owned Parks,the Fairgrounds and County-Owned 11 Vehicles (As Amended) 12 Res. #10(10) Modifying County Policy Regarding the Use of Tobacco on County 13 Properties 14 ; and 15 16 WHEREAS, use of E-cigarettes in certain County buildings has become an issue; and 17 18 WHEREAS,E-cigarettes are not addressed in the current policy; and 19 20 WHEREAS, the County's policy is generally restated in Article 9, Section 11 Tobacco- 21 Free Workplace and Article 13 -Discipline in the Human Resources Handbook; and 22 23 WHEREAS,regulations for the public's use of tobacco products on County property is 24 not readily available; and 25 26 WHEREAS, on September 1, 2015 the Government Center was limited to one controlled 27 access for employees and the public; and 28 29 WHEREAS, it is in the best interest of the County to protect the health and workplace 30 environment of County employees and the general public by regulating smoking and tobacco 31 use, including E-cigarettes, in all County buildings and on all County government property and 32 clearly defining its current policy by creating an Ordinance and updating the Human Resources 33 Handbook; and 34 35 WHEREAS, Wisconsin Statutes § 101.123(4m) allows counties to adopt an ordinance 36 regulating smoking and tobacco product use. 37 38 THEREFORE, be it ordained by the St. Croix County Board of Supervisors that Chapter 39 32 - Smoking and Tobacco Use on County Property of the St. Croix County Code of Ordinances 40 is hereby created and attached hereto. 41 Packet Pg. 19 42 FURTHER, the County Administrator is hereby directed to forward proposed 5.3 43 amendments to the St. Croix County Human Resources Policies and Procedures Handbook 44 consistent with this Ordinance,pursuant to Article 1, Section 10 of said Handbook. 45 46 FURTHER, be it ordained that this ordinance shall be effective upon passage and 47 publication. Legal®Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No fiscal impact. e : = — cott Cox,Corporation C u /12/2017 R�be�t Ivhttet,�Finauce irect r SZ12017 (2x- A�" Pa ick Thompson,County Adminis ator 5/12/2017 05/17/17 Administrative Committee Vote Confirmation. St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement—Majority of Supervisors Present Cindy Campbell, County Clerk Packet Pg.20