A G E N D A (Committee to maintain a two-hour meeting limit or take action to continue meeting beyond that time).

Transcription

1 PUBLIC SAFETY COMMITTEE Douglas County Board of Supervisors Thursday, March 28,, 4:00 p.m., Courthouse Room 207C 1313 Belknap Street, Superior, Wisconsin Please call the County Clerk s Office ( ) if you are unable to attend. March 21, MEMBERS: Samuel Pomush, Chair Rosemary Lear, Vice Chair Peter Clark Ron Leino Michael Raunio A G E N D A (Committee to maintain a two-hour meeting limit or take action to continue meeting beyond that time). 1. Roll call. 2. Approval of the February 28,, meeting minutes (attached). 3. Updates and reports (Information only - budget reports attached; all departments listed but may not have any additional reports): a. Child Support; g. Emergency Management; b. Circuit Court Branch I; h. Communications Center; c. Circuit Court Branch II; i. Medical Examiner; d. Clerk of Courts; j. Probate; e. Court Commissioner; k. Sheriff Patrol Division; and f. District Attorney; l. Sheriff Jail Division. 4. Action items/referrals: a. Ordinances replacing Ordinance #4.31, Restrictions on Sale or Gift of Cigarettes or Tobacco Products to Minors: (1) #4.31A, Restrictions on Sale or Gift of Cigarettes Nicotine Products or Tobacco Products to Minors (attached); and (2) #4.31B, Purchase or Possession of Cigarettes, Nicotine Products or Tobacco Products by Persons Under the Age of 18 (attached). 5. Future agenda items. 6. Adjournment. ec: County Board Supervisors Ann Doucette Susan Sandvick Candy Holm-Anderson Jaime McMeekin Kaci Lundgren(website) Tracy Ruppe Carolyn Pierce Shelley Nelson Tom Dalbec Rebecca Severson Michele Wick Kelly Thimm George Glonek Rebecca Lovejoy Keith Kesler Mark Fruehauf Darrell Witt Jerry Moe Jen Stank Note: Attachments to agenda are available in County Clerk s Office for review or copying, and are also available on the county s website Action may be taken on any item listed on the agenda. The County of Douglas complies with the Americans with Disabilities Act of If you are in need of any accommodation to participate in the public meeting process, please contact the Douglas County Clerk s Office at (715) by 4:00 p.m. on the day prior to the scheduled meeting. Douglas County will attempt to accommodate any request, depending on the amount of notice we receive. Posted: Courthouse, Government Center, Telegram copied. Pamela A. Tafelski

2 PUBLIC SAFETY COMMITTEE Douglas County Board of Supervisors Thursday, February 28,, 4:00 p.m., Courthouse Room 207C 1313 Belknap Street, Superior, Wisconsin Meeting called to order by Chair Samuel Pomush. ROLL CALL: Present - Rosemary Lear, Peter Clark, Ron Leino, Michael Raunio, Samuel Pomush. Others present Darrell Witt, Jerry Moe, Ann Doucette, Shelley Nelson (Telegram), Mark Liebaert, Rebecca Severson, Rebecca Lovejoy, Keith Kesler, Tracy Ruppe, Robert Galovich, Pam Tafelski (Committee Clerk). APPROVAL OF MINUTES: Motion by Lear, second Raunio, to approve September 6, 2018, meeting minutes. Motion carried. UPDATES AND REPORTS: Child Support Counties urging state to increase child support enforcement funding. Circuit Court Branch I/Circuit Court Branch II/Court Commissioner - Audio systems in three courtrooms 30 years old or more; failing on regular basis; replacement money earmarked; preference is replace all three at one time for compatibility; researching systems/cost estimates. Emergency Management - Received $75,000 from state for Husky fire; FEMA signed paperwork for $7,600 storm repairs. Communications Center Negotiating 911 upgrade ten-year plan; short one dispatcher; Kaitlyn Cadigan received Superior Police Department s Life Saver Award. Medical Examiner Two assistants resigned; one new hire; YTD activities ahead of Sheriff Patrol Division Budget in good shape. Sheriff Jail Division A bit overbudget due to training/high turnover. ACTION ITEMS/REFERRALS: Resolution Supporting Increased Funding for County Child Support Enforcement Agencies: Attached/reviewed. ACTION (RESOLUTION): Motion by Lear, second Raunio, to support the resolution and forward to County Board. Motion carried unanimously. Warrant Fees Increase Request: Moe reported Clerk of Courts Wick and Sheriff Dalbec agree on collection process and account. Information attached/reviewed. ACTION (REFERRAL): Motion by Lear, second Leino, to approve warrant fee increase to $50 and refer to Administration Committee. Motion carried. Amendment to Ordinance #4.31 Restrictions on Sale or Gift of Cigarettes Or Tobacco Products To Minors: Attached/reviewed. Committee concurrence on higher retailer penalty. ACTION (ORDINANCE): Motion by Lear, second Leino, to approve Amendment to Ordinance #4.31 as presented, adding amendment to Section VII. Penalties, paragraph C. as follows: Whoever violates Section III, paragraph B. of this Ordinance shall forfeit not more than $25 $200., with review of statute by Corporation Counsel, and forward to County Board. Motion carried unanimously. Douglas County Public Safety Committee February 28, Page 1 of 2

3 Douglas County Jail Staffing Plan Agreement: Attached. Last inspection the State Inspector reviewed 2002 plan and required update to keep it current. ACTION: Motion by Lear, second Raunio, to approve updated plan and forward to County Board Chair and Administrator for signatures. Motion carried. Budgetary Transfers: Attached/reviewed; additional Sheriff Jail Division $5,000 transfer for equipment with no fiscal impact, distributed and reviewed. ACTION (REFERRAL): Motion by Lear, second Clark, to approve transfers and refer to Administration Committee. Motion carried. ADJOURNMENT: Motion by Clark, second Raunio, to adjourn. Motion carried. Adjourned at 4:44 p.m. Submitted by, Pamela A. Tafelski Committee Clerk Douglas County Public Safety Committee February 28, Page 2 of 2

4 DEPARTMENT SUMMARY 2/28/ 2018 Amended Actual Department Amount Budget Transfers Budget YTD YTD YTD CHILD SUPPORT 5, , , , , , CIRCUIT COURT I 62, , , , , (72.77) CIRCUIT COURT II 85, , , , , (1,551.26) CLERK OF COURTS 213, , , , (21,588.69) (60,577.51) COURT COMMISSIONER 88, , , , , (2,787.57) DISTRICT ATTORNEY 327, , , , , , EMERGENCY MANAGEMENT 330, , , , , (13,942.23) COMMUNICATIONS CENTER 1,001, ,055, ,055, , , (2,905.93) MEDICAL EXAMINER 97, , , , , , PROBATE 120, , , , , (3,785.98) SHERIFF-PATROL DIVISION 3,832, ,176, ,176, , , (41,685.72) SHERIFF-JAIL DIVISION 4,288, ,073, ,073, , , , Page 1

5 SCHEDULE OF REVENUES AND EXPENDITURES CHILD SUPPORT 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ 200, $ 200, $ - $ 200, $ 33, $ 33, $ - Intergovernmental Revenues (Grants) 793, , , , , (18,500.00) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services 7, , , , , Intergovt. Charges For Serv Miscellaneous Revenues Revenues 1,001, ,041, ,041, , , (18,394.14) Expenditures Personnel Services (salary & benefits) 857, , , , , , Contractual Services 18, , , , , (3,330.58) Supplies & Expense 29, , , , , (1,699.12) Fixed Charges 75, , , , , , Grants & Contributions Capital Outlay Department Allocation 26, , , , , Expenditures 1,007, ,059, ,059, , , , Net Cost $ 5, $ 18, $ - $ 18, $ 3, $ 45, , Page 2

6 SCHEDULE OF REVENUES AND EXPENDITURES CIRCUIT COURT I 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services Intergovt. Charges For Serv Miscellaneous Revenues Revenues Expenditures Personnel Services (salary & benefits) 56, , , , , $ Contractual Services 1, , , (288.90) Supplies & Expense 2, , , (166.94) Fixed Charges (41.66) Grants & Contributions Capital Outlay Department Allocation 2, , , Expenditures 62, , , , , (72.77) Net Cost $ 62, $ 66, $ - $ 66, $ 11, $ 10, (72.77) Page 3

7 SCHEDULE OF REVENUES AND EXPENDITURES CIRCUIT COURT II 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services Intergovt. Charges For Serv Miscellaneous Revenues Revenues Expenditures Personnel Services (salary & benefits) 56, , , , , $ Contractual Services 1, , , (2.76) Supplies & Expense 24, , , , , (1,764.23) Fixed Charges (43.84) Grants & Contributions Capital Outlay Department Allocation 2, , , (0.66) Expenditures 85, , , , , (1,551.26) Net Cost $ 85, $ 83, $ - $ 83, $ 13, $ 12, (1,551.26) Page 4

8 SCHEDULE OF REVENUES AND EXPENDITURES CLERK OF COURTS 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) 152, , , , , , Licenses & Permits Fines Forfeits & Penalties 165, , , , , (3,027.52) Public Charges For Services 175, , , , , , Intergovt. Charges For Serv Miscellaneous Revenues (20.57) Revenues 494, , , , , , Expenditures Personnel Services (salary & benefits) 588, , , , , $ (2,410.76) Contractual Services 72, , , , , (1,595.89) Supplies & Expense 30, , , , , , Fixed Charges 2, , , (390.48) Grants & Contributions Capital Outlay Department Allocation 13, , , , , Expenditures 708, , , , , (2,444.48) Net Cost $ 213, $ 233, $ - $ 233, $ 38, $ (21,588.69) (60,577.51) Page 5

9 SCHEDULE OF REVENUES AND EXPENDITURES COURT COMMISSIONER 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services 9, , , , , Intergovt. Charges For Serv. 122, , , , , , Miscellaneous Revenues Revenues 131, , , , , , Expenditures Personnel Services (salary & benefits) 195, , , , , $ 1, Contractual Services 16, , , , , (603.63) Supplies & Expense 2, , , (814.08) Fixed Charges (133.34) Grants & Contributions Capital Outlay Department Allocation 4, , , (0.66) Expenditures 219, , , , , (415.69) Net Cost $ 88, $ 93, $ - $ 93, $ 15, $ 12, (2,787.57) Page 6

10 SCHEDULE OF REVENUES AND EXPENDITURES DISTRICT ATTORNEY 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) 61, , , , (10,833.34) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services 9, , , , (1,185.32) Intergovt. Charges For Serv Miscellaneous Revenues Revenues 71, , , , (11,868.66) Expenditures Personnel Services (salary & benefits) 354, , , , , Contractual Services 10, , , , , Supplies & Expense 19, , , , , , Fixed Charges 1, , , (350.00) Grants & Contributions Capital Outlay Department Allocation 13, , , , , (0.66) Expenditures 398, , , , , , Net Cost $ 327, $ 349, $ - $ 349, $ 57, $ 71, , Page 7

11 SCHEDULE OF REVENUES AND EXPENDITURES EMERGENCY MANAGEMENT 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) 93, , , , (12,833.34) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services Intergovt. Charges For Serv. 47, , , , (5,316.66) Miscellaneous Revenues 162, , , , , , Revenues 303, , , , , (14,377.46) Expenditures Personnel Services (salary & benefits) 357, , , , , Contractual Services 157, , , , , (14,185.35) Supplies & Expense 65, , , , , (6,981.80) Fixed Charges 16, , , , (3,074.98) Grants & Contributions 13, , , , (2,500.00) Capital Outlay 6, , , , (2,083.34) Department Allocation 17, , , , , Expenditures 634, , , , , (28,319.69) Net Cost $ 330, $ 379, $ - $ 379, $ 63, $ 49, (13,942.23) Page 8

12 SCHEDULE OF REVENUES AND EXPENDITURES COMMUNICATIONS CENTER 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services Intergovt. Charges For Serv Miscellaneous Revenues 23, , , , , (2,133.34) Revenues 23, , , , , (2,133.34) Expenditures Personnel Services (salary & benefits) 880, , , , , (15,447.64) Contractual Services 88, , , , , , Supplies & Expense 17, , , , , (2,779.40) Fixed Charges 3, , , (916.66) Grants & Contributions Capital Outlay Department Allocation 34, , , , , (227.50) Expenditures 1,024, ,075, ,075, , , (5,039.27) Net Cost $ 1,001, $ 1,055, $ - $ 1,055, $ 175, $ 172, (2,905.93) Page 9

13 SCHEDULE OF REVENUES AND EXPENDITURES MEDICAL EXAMINER 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services 28, , , , , (3,358.34) Intergovt. Charges For Serv Miscellaneous Revenues Revenues 28, , , , , (3,358.34) Expenditures Personnel Services (salary & benefits) 35, , , , , Contractual Services 74, , , , , Supplies & Expense 12, , , , , (939.18) Fixed Charges 1, , , (220.00) Grants & Contributions - 1, , (166.66) Capital Outlay - 2, , (458.34) Department Allocation 2, , , Expenditures 126, , , , , (462.21) Net Cost $ 97, $ 103, $ - $ 103, $ 17, $ 20, , Page 10

14 SCHEDULE OF REVENUES AND EXPENDITURES PROBATE 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) 44, , , , (7,333.34) Licenses & Permits Fines Forfeits & Penalties Public Charges For Services 29, , , , , , Intergovt. Charges For Serv Miscellaneous Revenues Revenues 74, , , , , , Expenditures Personnel Services (salary & benefits) 120, , , , , Contractual Services 64, , , , , Supplies & Expense 5, , , , (860.93) Fixed Charges (122.08) Grants & Contributions Capital Outlay Department Allocation 3, , , (0.34) Expenditures 194, , , , , (3.32) Net Cost $ 120, $ 125, $ - $ 125, $ 20, $ 17, (3,785.98) Page 11

15 SCHEDULE OF REVENUES AND EXPENDITURES SHERIFF-PATROL DIVISION 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) 198, , , , (29,432.30) Licenses & Permits Fines Forfeits & Penalties 47, , , , , (1,725.18) Public Charges For Services 41, , , , , (3,596.00) Intergovt. Charges For Serv. 151, , , , , , Miscellaneous Revenues 60, , , , , (7,939.20) Revenues 500, , , , , (35,312.70) Expenditures Personnel Services (salary & benefits) 3,455, ,767, ,767, , , (20,562.70) Contractual Services 276, , , , , (29,750.52) Supplies & Expense 289, , , , , (8,450.33) Fixed Charges 58, , , , , (9,119.84) Grants & Contributions (33.34) Capital Outlay 150, , , , , (9,716.05) Department Allocation 102, , , , , Expenditures 4,332, ,637, ,637, , , (76,998.42) Net Cost $ 3,832, $ 4,176, $ - $ 4,176, $ 696, $ 654, (41,685.72) Page 12

16 SCHEDULE OF REVENUES AND EXPENDITURES SHERIFF-JAIL DIVISON 2/28/ 2018 Amended Actual Amount Budget Transfers Budget YTD YTD YTD Revenues Taxes $ - $ - $ - $ - $ - $ - $ - Intergovernmental Revenues (Grants) 162, , , , (15,500.00) Licenses & Permits Fines Forfeits & Penalties 45, , , , , (335.37) Public Charges For Services 327, , , , , (13,444.24) Intergovt. Charges For Serv. 568, , , , , (33,886.90) Miscellaneous Revenues 1, , , (141.66) Revenues 1,105, ,142, ,142, , , (63,308.17) Expenditures Personnel Services (salary & benefits) 3,579, ,514, ,514, , , (14,483.40) Contractual Services 1,073, ,028, ,028, , , (115.52) Supplies & Expense 206, , , , , (4,248.93) Fixed Charges 25, , , , , (3,694.17) Grants & Contributions Capital Outlay 16, , , , (3,333.34) Department Allocation 491, , , , , , Expenditures 5,393, ,215, ,215, , , (19,891.70) Net Cost $ 4,288, $ 4,073, $ - $ 4,073, $ 678, $ 722, , Page 13

17 From: Sandvick, Sue To: Sandvick, Sue Subject: Ordinances 4.31A and 4.31B Date: Thursday, March 21, 8:48:12 AM Attachments: Ord 4.31 revised.docx 4.31A Purchase or Possession of Cigarettes Nicotine Products or Tobacco Products by Minors.docx From: Pierce, Carolyn Sent: Wednesday, March 20, 12:28 PM To: Sandvick, Sue Subject: Ordinances 4.31 and 4.31A Please find attached the drafts of the new ordinances that will replace Douglas County Ordinance 4.31 and add a new one regarding Purchase or Possession of Cigarettes, Nicotine Products or Tobacco Products by Minors. These proposed ordinances replace what the Public Safety Committee took action on last month. That proposed ordinance had not come through my office prior to being placed on the agenda and there were significant problems with how it had been updated. That ordinance appeared to mirror an ordinance recently adopted by the City of Superior regarding vaping and vapor products which I do not believe the County has the authority to regulate. Under Wisconsin Statutes and 61.34, cities and villages respectively have been granted statutory home rule power which provides that the municipality has very broad authority to enact ordinances that it deems will promote the general welfare and safety of its citizens independent of what the State of Wisconsin has enacted. While such local ordinance cannot be less restrictive, they can prohibit acts the State has not or they can be more restrictive than what statutes provide. Counties, however, have not been granted this same statutory authority and are limited to creating ordinances which are grounded in state statute. The Wisconsin Statutes, at least at this time, do not prohibit vaping or vapor products rather such products are only subject to regulations as nicotine products. Therefore, the ordinance that went to public safety last month contained provision which were not within the County s scope of authority to enact. The attached ordinances, while further restricting the use of vapor products does so by restricting them on the basis of such products containing nicotine. The State of Wisconsin has placed restrictions on nicotine products in Chapters 134, 139 and 254 and as such the County has the authority to enact ordinances reflecting the same. Thanks, Carolyn

18 4.31A RESTRICTIONS ON SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS OR TOBACCO PRODUCTS TO MINORS THE BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY Pursuant to the authority of Chapters 134, 139 and 254, Wisconsin Statutes, the Douglas County Board of Supervisors does hereby establish rules and regulations regulating the sale or gift of cigarettes, nicotine products or tobacco products to minors. SECTION II. DEFINITIONS The following definitions apply in this Ordinance: A. "Cigarette" means any roll of tobacco wrapped in paper or any substance other than tobacco. B. "Distributor" means any of the following: (1) Any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and sells them to other permittees or to retailers for resale or who acquires stamped cigarettes from another permittee for such sales. (2) Any person engaged in the business of selling tobacco products in Wisconsin who brings, or causes to be brought into Douglas County from outside Wisconsin, any tobacco products for sale. (3) Any person who makes, manufactures, or fabricates tobacco products in Douglas County for sale in Wisconsin. (4) Any person engaged in the business of selling tobacco products outside Wisconsin who ships or transports tobacco products to retailers in Wisconsin to be sold by those retailers. C. "Identification card" means any of the following: (1) A license containing a photograph issued under Chap (2) An identification card issued under s , Wis. Stats. (3) An identification card issued under s , 1987 Wis. Stats. Chapter 4.31, Page 68

19 D. "Jobber" means any person who acquires stamped cigarettes from manufacturers or distributors, stores them and sells them to retailers for resale. E. "Manufacturer" means any of the following: (1) Any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a person who manufactures cigarettes products for the purpose of sale. (2) Any person who manufactures and sells tobacco products. F. "Nicotine product means a product that contains nicotine and is not any of the following: (1) A tobacco product (2) A cigarette. (3) A product that been approved by the U.S. food and drug administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose. G. "Retailer" means any person licensed under s (1), Wis. Stats. H. A School" means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school. I. "Stamp" means the authorized indicia of cigarette tax payment including water transfer stamps and heat applied stamps. J. "Subjobber" means any person, other than a manufacturer or distributor, who purchases tobacco products from a distributor and sells them to persons other than the ultimate consumers. K. "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. L. "Vending machine" is any mechanical device which automatically dispenses cigarettes, nicotine products or tobacco products upon the deposit therein of Chapter 4.31, Page 69

20 specified coins in payment for such cigarettes. M. "Vending machine operator" means a person who acquires stamped cigarettes, nicotine products or tobacco products from manufacturers or permittees, stores them and sells them through the medium of vending machines which he or she owns, operates or services and which are located on premises which are owned or under the control of other persons. SECTION III. RESTRICTIONS ON CIGARETTE OR TOBACCO PROVIDERS A. No retailer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products or tobacco products to any person under the age of 18, except that a person under 18 years of age may purchase or possess cigarettes, nicotine products or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer. A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase. B. No retailer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years. C. A retailer shall post a sign in areas within his or her premises where cigarettes, nicotine products or tobacco products are sold to consumers stating that the sale of any cigarettes, nicotine products or tobacco products to a person under the age of 18 is unlawful pursuant to Wisconsin Statutes and this Ordinance. D. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarettes, nicotine products or tobacco products by a person under the age of 18 is unlawful pursuant to Wisconsin Statutes and this Ordinance. E. A retailer or vending machine operator may not sell cigarettes, nicotine products or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained Chapter 4.31, Page 70

21 the age of 18 years. Notwithstanding this paragraph, no retailer may place a vending machine within 500 feet of a school. F. No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s (1), Wis. Stats. SECTION IV. DEFENSE: SALE TO MINORS Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes, nicotine products or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Section III (A) of this Ordinance: A. That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card. B. That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18. C. That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18. SECTION V. PENALTIES A. In this paragraph, "violation" means a violation of Section III (A), (B), (E) and (F) of this Ordinance. B. 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. C. Whoever violates Section III (C) of this Ordinance shall forfeit not more than $25. D. Whoever violates Section III (D) of this Ordinance shall forfeit not more than $50. Chapter 4.31, Page 71

22 SECTION VI. LOCAL ORDINANCE This ordinance does not apply within any town, village or city that has adopted or adopts an ordinance under s (5), Wis. Stats. SECTION VII. SEVERABILITY AND REPEAL A. Each section, paragraph, sentence, clause, word and provision of this Ordinance is severable, and if any provisions shall be held unconstitutional or invalid for any reason such decisions shall not affect the remainder of the Ordinance nor any part thereof other than that affected by such decision. B. All other ordinances or parts of ordinances of Douglas County inconsistent or conflicting with this Ordinance to the extent of the inconsistency only, are hereby repealed. SECTION VII. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors this Ordinance shall be in full force and effect. Dated this day of April,. Chapter 4.31, Page 72

23 4.31B PURCHASE OR POSSESSION OF CIGARETTES, NICOTINE PRODUCTS OR TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 18 THE BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY Pursuant to the authority of Chapters 134, 139 and 254, Wisconsin Statutes, the Douglas County Board of Supervisors does hereby establish rules and regulations regulating the purchase and/or possession of cigarettes, nicotine products or tobacco products by persons under the age of 18. SECTION II. DEFINITIONS The following definitions apply in this Ordinance: A. "Cigarette" means any roll of tobacco wrapped in paper or any substance other than tobacco. B. "Nicotine product means a product that contains nicotine and is not any of the following: (1) A tobacco product (2) A cigarette. (3) A product that been approved by the U.S. food and drug administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose. C. "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. SECTION III. RESTRICTIONS ON MINORS A. No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarettes, nicotine products or tobacco products or may Chapter 4.31A, Page

24 purchase, attempt to purchase or possess any cigarettes, nicotine products or tobacco products except that a person under 18 years of age may purchase or possess cigarettes, nicotine products or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer. B. A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products or tobacco products in the course of his or her participation in an investigation under s , Wis. Stats., that is conducted in accordance with s (3), Wis. Stats. C. A law enforcement officer shall seize any cigarettes, nicotine products or tobacco products that has been sold to and is in the possession of a person under 18 years of age. SECTION IV. PENALTY Any person convicted of violating this ordinance, shall be subject to a forfeiture not to exceed $ SECTION V. LOCAL ORDINANCE This ordinance does not apply within any town, village or city that has adopted or adopts an ordinance under s , Wis. Stats. SECTION VI. SEVERABILITY AND REPEAL A. Each section, paragraph, sentence, clause, word and provision of this Ordinance is severable, and if any provisions shall be held unconstitutional or invalid for any reason such decisions shall not affect the remainder of the Ordinance nor any part thereof other than that affected by such decision. B. All other ordinances or parts of ordinances of Douglas County inconsistent or conflicting with this Ordinance to the extent of the inconsistency only, are hereby repealed. SECTION VII. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors this Ordinance shall be in full force and effect. Dated this day of April,. Chapter 4.31A, Page