Milwaukee adopts stricter rules regulating smoking in public places

Jul 28, 2010 — Milwaukee Journal Sentinel

Larry Sandler

Jul. 28, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- Milwaukee bars and other businesses will have to follow stricter rules defining where smoking is and isn't allowed under the statewide indoor smoking ban, the Common Council decided Tuesday.

Aldermen voted, 12-3, to fold the state's new smoking ban law into city ordinances, but with a different definition of enclosed spaces where smoking is prohibited.

Under the city ordinance, smoking will be banned in areas that are at least 50% enclosed by walls, not including screens. The state law defines an enclosed space as having a roof and more than two "substantial" walls, a definition that tavern owners believe could allow smoking in rooms that have large open windows.

The smoking ordinance also lets the city attorney's office prosecute smoking violations in Municipal Court, where any fines would flow to the city treasury.

Without that measure, the Milwaukee County district attorney's office would prosecute violations in Circuit Court, and fines would go to the county.

Complaints will be fielded first by city health inspectors, with police officers stepping in only if smoking violators are unruly or violating other laws, Ald. Robert Puente said.

Ald. Michael Murphy said enforcement concerns were misplaced, because complaints have been few since the state ban took effect July 5, and most problems probably are being handled by bar and restaurant employees and patrons asking people to stop smoking.

Aldermen defeated an attempt to ban smoking within 25 feet of the entrances to municipal buildings. Ald. Terry Witkowski said employees smoking outside give citizens a negative impression, prompting Ald. Bob Donovan, a smoker, to retort, "It would be me, having a cigarette break, greeting citizens coming to City Hall."

Also Tuesday, the council voted to implement a new program to help homeowners and businesses cut energy use that is expected to attract $72 million in federal, state and private support to retrofit at least 4,500 buildings over three years.

In April, Vice President Joe Biden announced Milwaukee, Madison and Racine would split a $20 million energy conservation grant, aimed at retrofitting buildings to be more energy efficient, under a program coordinated by the Wisconsin Energy (NYSE:WEC) Conservation Corp., based in Madison.

Milwaukee's share of that federal grant will be at least $12 million, council President Willie Hines Jr. wrote in the resolution implementing the program. But the federal money would be matched more than five to one by a combination of incentives and in-kind services from Wisconsin Energy Conservation Corp., the state's Focus on Energy program, We Energies, the state Office of Energy Independence, unions and private lenders, the measure says.

The initiative is dubbed the Milwaukee Energy Efficiency program, or ME2.

In other action before its August recess, the council:

--Approved a union contract that grants retroactive raises totaling more than 9% to police commanders but requires them to pay more for their health insurance. The deal, imposed by a state arbitrator, follows the pattern of 2007-'09 contracts for rank-and-file police officers and firefighters, in contrast to other city unions' 6% raises over that three-year period. No police and fire unions have reached agreements for 2010 and beyond.

--Imposed new zoning restrictions on businesses that buy and sell gold. Those businesses would now be classified as secondhand stores, which require special-use permits and hearings before the Board of Zoning Appeals.

--Approved $171,000 in city aid for developers to convert the former Inner City Arts Council building, 642 W. North Ave., into offices, the first such project since the Bronzeville redevelopment district was set up in 2005.

--Granted leases for the Third Ward Business Improvement District to take over historic Catalano Square and the Erie St. Plaza, formerly slated as the site of a bamboo grove.

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