City adopts smoking ban ordinance

The Sheboygan Falls Common Council approved several revisions to the city’s smoking ban ordinance to comply with the recently implemented statewide no-smoking law, during its semimonthly meeting Tuesday, July 20, at the City Hall Municipal Building.

During a Public Safety Committee meeting, Sheboygan Falls Police Chief and Director of Public Safety Steve Riffel said the city ordinance follows the provisions of the new state statue, which was passed into law on July 5.

The revised ordinance prohibits smoking in all indoor areas that are public places or places of employment.

The ordinance covers restaurants, taverns, retail establishments, lodging establishments, educational facilities, inpatient health care facilities, private clubs, theaters, common areas of multiple-unit residential properties, government buildings and child-care centers.

“This is something that we basically need to do to follow the state statue that went into effect on July 5th,” he said. “The ordinance states that the responsibility falls first on employees and business owners to keep people from smoking in their establishments.

“If a person is found to be in violation of the ordinance, an employee or owner of a business can refuse service or ask the person to leave the building. If there is still resistance, law enforcement should be called in to handle the situation.”

Alderman Thomas McCue questioned the ordinance’s reference to a reasonable distance from an establishment.

“The state statue does not provide a set distance from an establishment, so our ordinance does not either,” Riffel said. “Obviously, the intent of the ordinance is to avoid having people smoking right by the door of a building.

“Some places have established outside smoking areas and others have not,” he said. “This is something we will leave up to the disgression of the officer.”

A violation of the ordinance will result in a fine of between $100 and $250. In addition, a $100 fine may be handed to the person in charge of an establishment found to be in violation of the ordinance.

All smoking violations will be processed through the city’s municipal court system.

“Our intent is not to go out looking for smokers in establishments,” Riffel said. “We have no plans to increase the number of bar checks we do. However, we will be responding to reports of violations.”

In other business, the council approved an update to the city’s SCADA computer system at a price of $30,674.

The upgrade covers two new computers, labor, training and software for the Department of Public Works computer system.

“Our system is 7-years-old and it is time for an upgrade,” DPW Director Mike Mersberger said. “The two new Dell computer workstations come with a three-year warranty, which is a very good thing for us to have if we run into any problems.”

The upgrade includes three stages, including a workstation and software patch (stage 1, $10,653), OPS to Hach WIMS software (option 1, $16,928) and a Sheboygan Falls-Sheboygan modem connection, converter and surge protection (option 2, $5,133) upgrade.

Mersberger said the city will receive a $2,040 rebate from Energenecs of Cedarburg for completion of all three stages of the upgrade.

He also noted that the city of Sheboygan will be asked to pay for half of the cost of the new modem connection, for an additional discount of $2,566.

“This connection will allow us to read the billable meter at Taylor Drive in Sheboygan,” Mersberger said. “With this in place, we will be able to get a day-by-day snap shot of the system and take notice of trends. We will only do this if Sheboygan agrees to pay half of the cost.”

City Clerk-Treasurer Joel Tauschek said the funding for the upgrade will come out of the city’s utilities fund.

The Council also approved an operator-license application for Kathy M. Burch, an operator-license renewal for Tara L. Jackson and an electrical-contractor’s license for Van’s Heating and Air Conditioning.

Mayor Randy Meyer announced that the Wisconsin Department of Transportation is considering three interchange access options between State 57 and State 32 for the planned State 23 upgrade project.

“The DOT held a meeting in Plymouth on Monday night in which three interchanges were discussed in the Sheboygan Falls area.

“A cloverleaf interchange at County TT was discussed, as well as possible interchanges at Highland Road and Bridgewood Road.

“Right now the plans call for the changes to start in 2013, but nothing is really set yet.”

Meyer also recognized Deputy Police Chief Steve Ross for receiving the Law Officer of the Year Award from the American Legion 40 and 8 Honor Society.

The next Sheboygan Falls Common Council meeting is scheduled for Tuesday, Aug. 3, at 6:30 p.m. in the Council Chambers at the City Hall Municipal Building.