City of Middleton Smoking Ordinance FAQs

Smoke Free Ordinance FAQ’s

On March 15, 2009 the City of Middleton will become smoke free. This list of frequently asked questions will hopefully answer most questions and provide some useful guidance to establishment owners and patrons.

What are smoke-free areas?

Enclosed, indoor areas of restaurants and taverns
Common areas in apartment buildings or other multi-unit residential facility
Public Buildings – Interior areas of any structure used as a place of resort, assemblage, lodging, trade, traffic, occupancy, or place of employment.
Places of employment – includes enclosed area controlled by the employer that employees may be expected to be present during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and classrooms, employee cafeterias, hallways, and vehicles. (Does not include private residences unless used as a childcare facility, adult daycare facility, or healthcare facility).
Outdoor seating areas such as stadiums, bleachers, auditoriums.
Within fifteen (15) feet of any primary entrance, operable window, or ventilation system of a public building, in any vehicle that constitutes a place of employment or within fifteen (15) feet of any service line or within three (3) feet of a secondary entrance.

Are there exceptions?

There are two exceptions:

Retail tobacco stores that meet the ordinance definition
Any hotel or motel room rented to a guest. Only applies to rooms with sleeping quarters, not to conference rooms or other facilities available for rent.

Who will enforce the ordinance?

The City of Middleton Community Services Director and the Chief of Police, or their designees shall have the power to enforce the ordinance.
The owner will direct persons committing violation to cease smoking. If person does not stop smoking, owner, operator, or manager will direct person to leave the premises. If person fails to leave premises, owner, operator, or manager shall call Middleton Police Department.
Any owner, operator, or manager failing to comply with any of the above provisions shall be subject to penalties.

What signs will need to be posted?

All public buildings (this includes places of employment) must post a sign at every entrance indicating that smoking is prohibited. The signage lettering must be in bold and a minimum of 2” in height. Use of the international “No Smoking” symbol, a picture of a burning cigarette enclosed in a red circle with a red bar across the cigarette, is acceptable. Additional signs can also be downloaded at www.cityofmiddleton.us.

Whom should I call if I have questions?

Call the Middleton City Hall at (827-7431) for general questions
Call Public Health Madison-Dane County at (266-4821) for general and health questions
Call Middleton Police Department (827-1000) for enforcement questions


Our Community City Meetings Contact Information Links	Smoke Free Ordinance FAQ’s On March 15, 2009 the City of Middleton will become smoke free. This list of frequently asked questions will hopefully answer most questions and provide some useful guidance to establishment owners and patrons. What are smoke-free areas? Enclosed, indoor areas of restaurants and taverns Common areas in apartment buildings or other multi-unit residential facility Public Buildings – Interior areas of any structure used as a place of resort, assemblage, lodging, trade, traffic, occupancy, or place of employment. Places of employment – includes enclosed area controlled by the employer that employees may be expected to be present during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and classrooms, employee cafeterias, hallways, and vehicles. (Does not include private residences unless used as a childcare facility, adult daycare facility, or healthcare facility). Outdoor seating areas such as stadiums, bleachers, auditoriums. Within fifteen (15) feet of any primary entrance, operable window, or ventilation system of a public building, in any vehicle that constitutes a place of employment or within fifteen (15) feet of any service line or within three (3) feet of a secondary entrance. Are there exceptions? There are two exceptions: Retail tobacco stores that meet the ordinance definition Any hotel or motel room rented to a guest. Only applies to rooms with sleeping quarters, not to conference rooms or other facilities available for rent. Who will enforce the ordinance? The City of Middleton Community Services Director and the Chief of Police, or their designees shall have the power to enforce the ordinance. The owner will direct persons committing violation to cease smoking. If person does not stop smoking, owner, operator, or manager will direct person to leave the premises. If person fails to leave premises, owner, operator, or manager shall call Middleton Police Department. Any owner, operator, or manager failing to comply with any of the above provisions shall be subject to penalties. What signs will need to be posted? All public buildings (this includes places of employment) must post a sign at every entrance indicating that smoking is prohibited. The signage lettering must be in bold and a minimum of 2” in height. Use of the international “No Smoking” symbol, a picture of a burning cigarette enclosed in a red circle with a red bar across the cigarette, is acceptable. Additional signs can also be downloaded at www.cityofmiddleton.us. Whom should I call if I have questions? Call the Middleton City Hall at (827-7431) for general questions Call Public Health Madison-Dane County at (266-4821) for general and health questions Call Middleton Police Department (827-1000) for enforcement questions
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