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Smoking - City of Wausau Ordinance 2.90
CHAPTER 8: Facility and
COMPUTER ID: FMSMO-2
Title: Smoking - City of Wausau Ordinance 2.90
Effective Date: 7-9-85
Authorized By: Common Council of the City of Wausau
Date of Last Revision: 1-17-2019
SMOKING IN GOVERNMENT BUILDINGS
2.90.020 Smoking prohibited.
2.90.030 Smoking prohibited in specified outdoor areas
2.90.010 Definitions. When used in this chapter, the following words have the
(a) "City-owned facility" means a city-owned structure and any and all
stairways and approaches to that structure, and specifically includes all
fully enclosed park shelters and restroom buildings located in city parks.
Park shelters that are open to the out of doors on two or more sides are
(b) "City-owned vehicle" means any motor vehicle or commercial motor
vehicle as those words are defined in Section 340.01 of the Wisconsin
Statutes, which has on the title the city of Wausau as owner of that
ITEM NUMBER: 8.41 b
(c) "Electronic delivery device" means any product containing or delivering
nicotine or other similar substance intended for human consumption that
may be used by a person to simulate smoking through inhalation of vapor
or aerosol from the product. Electronic delivery device includes any
device manufactured, distributed, marketed or sold as an e-cigarette, e-
cigar, e-pipe, e-hookah, or vape pen, or under any other product name or
description, or any component part of such product whether or not sold
separately. Electronic delivery device does not include any product that
has been approved by the United States Food and Drug Administration for
sale as a tobacco cessation product and is being marketed and sold solely
for such an approved purpose.
(d) "Smoke" or "Smoking" means burning, holding, inhaling, exhaling or
carrying any lighted or heated tobacco or plant product intended for
inhalation, whether natural, or synthetic, in any manner for form. Smoking
includes the use of an electronic delivery device which creates an aerosol
or vapor, in any manner for form, or the use of any oral smoking device.
(e) "Cigarette" means any roll of tobacco wrapped in paper or any substance
other than tobacco.
(f) "Tobacco products" means cigars; cheroots; stogies; periques; granulated,
plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing
tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of
tobacco and other kinds and forms of tobacco prepared in such manner as
to be suitable for chewing or smoking in a pipe or otherwise, or both for
chewing and smoking; but "tobacco products" does not include cigarettes,
as defined under Section 139.30(1) of the Wisconsin Statutes.
(g) "Smokeless tobacco" means any tobacco which is used by means other
than smoking. (Ord. 61-4828 §1(part), 2018; Ord. 61-5694 §1(part), 2016;
Ord. 61-4828 §1(part), 1994; Ord. 61-4672 §1(part), 1989.)
2.90.020 Smoking prohibited. No person may smoke, use smokeless tobacco, or
use tobacco products within any city-owned facility except for those areas that
are specifically leased to private entities, and specifically excluding Athletic Park
when it is being utilized for Wausau Woodchucks baseball games. No person
may smoke, use smokeless tobacco, or use tobacco products within any city-
owned vehicle. (Ord. 61-5694 §2(part), 2016; Ord. 61-4828 §1(part), 1994; Ord.
61-4770 §1, 1992; Ord. 61-4694 §1, 1989; Ord. 61-4672 §1(part), 1989.)
ITEM NUMBER: 8.41 b
2.90.030 Smoking prohibited in specified outdoor areas. (a) No person may
smoke in the following areas of a City park or outdoor areas of City property:
2. Sports fields and sports field seating areas.
3. Swimming pools and all inside fenced areas surrounding swimming
4. Skateboarding facility at Oak Island Park.
5. Within an area up to fifty (50) feet of those areas in subsections (1)
through (4) as designated by the Director of the Parks Department
or his or her designee and posted pursuant to subsection (c).
6. Within the fenced areas of tennis courts.
7. Those park areas temporarily posted as no smoking by the Director
of the Parks Department or his or her designee during Parks
Department sponsored events.
8. Those park areas temporarily posted as no smoking by the Director
of the Parks Department or his or her designee during an approved
Class I or II Special Event held in such park area and which is open
to the public with no admission charge and for which no smoking
has been requested by the event organizer or sponsor.
(b) Exceptions. Upon the written request of an event organizer of an
approved Class I or II Special Event, the prohibition of this section may be
waived by the park and recreation committee and common council for
specified designated areas for those events where admission is restricted
by the event organizer through the sale of tickets. A request for a waiver
shall be submitted at least 60 days in advance of the event.
(c) Signs. Signs prohibiting smoking in designated outdoor areas shall be of
sufficient size and placed so that the general public has reasonable notice
of the prohibition. (Ord. 61-5781 §2(part), 2018)
2.90.040 Penalty. The penalty for violation of any provision of this chapter shall
be a forfeiture of not more than two hundred dollars for each separate incident,
and the municipal bail bond forfeiture shall be twenty-five dollars plus all
assessments and costs. (Ord. 61-5781 §3(part), 2018; Ord. 61-4828 §1(part),
1994; Ord. 61-4672 §1(part), 1989.)
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