UW-Whitewater University Handbook
Last policy revision: 11/1/96
Smoking Policy - State of Wisconsin
SOURCE: 1983 Wisconsin Act 211
An act to create 101.123 of the statutes, relating to regulating smoking
in public conveyances and specified places, granting rule-making authority
and providing a penalty. The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
SECTION 1. 101.123 of the statutes is created to read: Clean Indoor
DEFINITIONS. In this section:
"Educational facility" means any building used principally for educational
purposes in which a school is located or a course of instruction or training
program is offered that has been approved or licensed by a state agency
"Inpatient health care facility" has the meaning provided under s.140.86(1),
except that it does include community-based residential facilities as defined
"Office" means any area that serves as a place of work at which the principal
activities consist of professional, clerical or administrative services.
"Person in charge" means the person who ultimately controls, governs or
directs the activities aboard a public conveyance or within a place where
smoking is regulated under this section, regardless of the person's status
as owner or lessee.
"Public conveyance" means mass transit vehicles as defined by s.340.01(28q)
and school busses as defined by s.340.01(56).
"Restaurant" means an establishment defined in 50.50(3) with a seating
capacity of more than 50 persons.
"Retail establishment" means any store or shop in which retail sales is
the principal business conducted, except a tavern operating under a "Class
B" intoxicating liquor license or Class"B" fermented malt beverages license,
and except bowling alleys.
"Smoking" means carrying a lighted cigar, cigarette, pipe or any other
lighted smoking equipment.
REGULATIONS OF SMOKING.
Except as provided in sub.(3), no person may smoke in the following places:
Inpatient health care facilities.
Indoor movie theaters.
Public waiting rooms.
Any enclosed, indoor area of a state, county, city, village or town building.
The prohibition in par.(a) applies only to enclosed, indoor areas.
This section does not limit the authority of any county, city, village
or town to enact ordinances or of any school district to adopt policies
that, complying with the purpose of this section, protect the health and
comfort of the public.
EXCEPTIONS. The regulation of smoking in sub.(2) does not apply to the
Areas designated smoking areas under sub.(4).
Offices occupied exclusively by smokers.
Entire rooms or halls used for private functions, if the arrangements for
the function are under the control of the sponsor of the function.
Restaurants holding a "Class B" intoxicating liquor or Class "B" fermented
malt beverage license if the sale of intoxicating liquors or fermented
malt beverages or both accounts for more than 50% of the restaurant's receipts.
Offices that are privately owned and occupied.
Any area of a facility used principally to manufacture or assemble goods,
products or merchandise for sale.
Prisons, secured correctional facilities, secure detention facilities,
jails and lockup facilities.
DESIGNATION OF SMOKING AREAS.
A person in charge or his or her agent may designate smoking areas in the
places where smoking is regulated under sub.(2) unless a fire marshal,
law, ordinance or resolution prohibits smoking. Entire rooms and buildings
may be designated smoking areas.
If an entire room is designated a smoking area, the person in charge or
his or her agent shall post notice of the designation conspicuously on
or near all entrances to the room normally used by the public. If an entire
building is designated a smoking area, notice of the designation shall
be posted on or near all entrances to the building normally used by the
public, but posting notice of the designation on or near entrances to rooms
within the building is not required.
The person in charge or his or her agent shall utilize, if possible, existing
physical barriers and ventilation systems when designating smoking areas.
This paragraph requires no new construction of physical barriers or ventilation
systems in any building.
This section requires the posting of signs only in areas where smoking
RESPONSIBILITIES. The person in charge or his or her agent shall:
Post signs identifying designated smoking areas; and
Arrange seating to accommodate nonsmokers if smoking areas are adjacent
to nonsmoking areas.
UNIFORM SIGNS. The department shall, by rule, specify uniform dimensions
and other characteristics of signs used to designate smoking areas. These
rules may not require the use of signs that are more expensive than is
necessary to accomplish their purpose.
SIGNS FOR STATE AGENCIES. The department shall arrange with the department
of administration to have the signs prepared and made available to state
agencies for use in state facilities.
On and after the first day of the 12th month commencing after the effective
date of this section (1983), any person in charge or his or her agent who
wilfully fails to comply with sub.(5) shall forfeit not more than $25.
Sections 101.02(13)(a) and 939.61(1) do not apply to this section.
A violation of this section does not constitute negligence as a matter
INJUNCTION. After July 1, 1985, state or local officials or any affected
party may institute an action in any court with jurisdiction to enjoin
repeated violations of this section.
Smoking Policy-University of Wisconsin Whitewater
SOURCE: Office of the Vice Chancellor for Administrative
Revised July, 2002
The University of Wisconsin-Whitewater is committed
to providing a healthy environment for all employees,
students and visitors to the campus. Effective
June 10, 1991 and updated July 10, 2002 all buildings and
vehicles, regardless of location, which are
owned or leased by the University of Wisconsin-Whitewater are
declared to be entirely smoke free. "Smoke
Free" is an environment in which there is NO use of lighted cigarettes,
cigars, pipes or other smoking materials in
University buildings, by outdoor ventilation entrance locations or
operable windows of all campus buildings.
Statutes Wisconsin 101.123 and 36.11
System Policies UWS 18.06 and 18.07
UW-Whitewater Senate - November 13, 1990
Residence Hall Association - December 8, 1999
Violations will be handled like other work
rule or policy violations.
Warhawk Stadium Smoke Free Policy:
The University of Wisconsin-Whitewater's Warhawk
stadium does not allow smoking in the general stadium or
press box area. Smoking can be done ONLY in
the area west and north of the concession area, or on the
walkway behind the bleachers. Announcements
will be made prior to each stadium event and throughout the
event. Signs will be posted in appropriate
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