HomeMy WebLinkAboutCOW Agenda Packet 05/09/2006
COMMITTEE OF THE WHOLE
AGENDA
Meeting Location:
Mount Prospect Village Hall
50 South Emerson Street
Meeting Date and Time:
Tuesday, May 9,2006
7:00 p.m.
I. CALL TO ORDER - ROLL CALL
Mayor Irvana K. Wilks
Trustee Timothy Corcoran Trustee Richard Lohrstorfer
Trustee Paul Hoefert Trustee Michaele Skowron
Trustee John Korn Trustee Michael Zadel
II. DEFERRAL MINUTES OF APRIL 25, 2006
111. CITIZENS TO BE HEARD
IV. SMOKING REGULATIONS DISCUSSION
Last year, the Illinois Legislature amended the Illinois Indoor Clean Air Act (IICAA) to allow
municipalities to adopt local Public Smoking Regulations more stringent than those enumerated in the
IICAA. At that time, several members of the Village Board expressed a desire to have some
discussion regarding the adoption of local regulations. Earlier this year, the Cook County Board of
Commissioners adopted County-wide Public Smoking Regulations that will become effective in March
2007. The County smoking regulations will apply to Mount Prospect unless we choose to adopt our
own regulations prior to the effective date of the County Act.
The Village has three (3) basic options to consider. First, we can choose to do nothing and allow the
County Act to become effective. Second, we can adopt local regulations that are more stringent than
the County Act. Finally, we could maintain the status quo by declaring (through Ordinance) the Village
adopts the IICAA as the local standard. The County ban is fairly comprehensive in this scope, while
the IICAA is substantially more permissive. A number of area communities have recently adopted
local bans with varying but similar degrees of stringency. Copies of the State, County and local Acts
are included in the Agenda package.
Tuesday evening will mark the beginning of public discussion regarding which option the Village will
eventually pursue. Recognizing this topic is both high profile and somewhat controversial. Efforts
have been made to notify both the public and business community of the impending discussion and
encourage all to participate in same. Specific notification has been given to the Chamber, Economic
Development Commission, and entertainment/dining based businesses. The Village has also
established an e-mail address (smokingregs@mountprospect.org) to facilitate commentary on the
subject.
It is anticipated this topic will require several Committee of the Whole discussions before the
Village Board takes any official action.
NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A
DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE
VILLAGE MANAGER'S OFFICE AT 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056,
847/392-6000, EXTENSION 5327, TDD #847/392-6064.
V. VILLAGE HALL ENCLOSED ENTRANCE DISCUSSION
The Village Board had requested the Village Hall architect, DLK, to review the front entrance
on the Emerson side of the building to propose enhancement options for possible
consideration. The enhancements were requested as a desire to make the front (main)
entrance more prominent in order to draw attention to the entrance so patrons and citizens
can easily distinguish it from the rest of the building. In addition to the enhancement
requests for the front entrance there was a desire to consider some enhancements in the
main stairwell of the Village Hall so it appeared less utilitarian.
DLK has created five schemes for consideration with each representing a differing degree of
construction and enhancement intensity. Several schemes enclose the front entrance portico
while some others enclose it partially. This variation will allow the Village Board to visually
determine the level of enclosure desired based on amount of prominence preferred.
General cost estimates will be provided by the contractor that built the Village Hall, W.B.
Olson at the meeting.
Staff and representatives from DLK and W.B. Olson will be present to facilitate the
discussion.
VI. VILLAGE MANAGER'S REPORT
VII. ANY OTHER BUSINESS
VIII. ADJOURNMENT
CLOSED SESSION
PROPERTY ACQUISITION
5 ILCS 120/2 (c) (5). "The purchase or lease of real property for the use of the public body."
Mount Prospect
Village of Mount Prospect
Mount Prospect, Illinois
~
INTEROFFICE MEMORANDUM
TO: MAYOR IRVANA K. WILKS AND BOARD OF TRUSTEES
FROM: VILLAGE. MANAGER
DATE: MAY 5,2006
SUBJECT: SMOKING REGULATIONS DISCUSSION
Last year, the Illinois Legislature amended the Illinois Indoor Clean Air Act (IICAA) to allow
municipalities to adopt local Public Smoking Regulations more stringent than those enumerated
in the IICAA. At that time, several members of the Village Board expressed a desire to have
discussion regarding the adoption of local regulations. Earlier this year, the Cook County Board
of Commissioners adopted County-wide Public Smoking Regulations that will become effective
in March 2007. The County smoking regulations will apply to Mount Prospect unless we choose
to adopt our own regulations prior to the effective date of the County Act.
The Village has three (3) basic options to consider. First, we can choose to do nothing and
allow the County Act to become effective. Second, we can adopt local regulations that are more
stringent than the County Act. Finally, we could maintain the status quo by declaring (by
Ordinance) the Village adopts the IICAA as the local standard. The County ban is fairly
comprehensive in this scope, while the IICAA is substantially more permissive. A number of
area communities have recently adopted local bans with varying but similar degrees of
stringency. Copies of the State, County and local Acts are included in the Agenda package.
Tuesday evening will mark the beginning of public discussion regarding which option the Village
will eventually pursue. Recognizing this topic is both high profile and somewhat controversial.
Efforts have been made to notify both the public and business community of the impending
di~cussion and encourage all to participate in same. Specific notification has been given to the
Chamber, Economic Development Commission, and entertainment/dining based businesses.
The Village has also established a web address (www.smokingregs@mountprospect.org) to
facilitate commentary on the subject.
It is anticipated this topic will require several Committee of the Whole discussions before the
Village Board takes any officiClI action.
Village of Mount Prospect
MOUNT PROSPECT TO DISCUSS
SMOKING REGULATIONS
Contact: Michael E. Janonis, Village Manager
847/392-6000
Date: May 2, 2006
The Mayor and Board of Trustees of the Village of Mount Prospect will discuss, at the
May 9, 2006 Committee of the Whole meeting, adoption of regulations restricting
smoking in public places. The meeting will be held at Village Hall, 50 South Emerson
Street, on the third floor, beginning at 7:00 p.m. The public is encouraged to attend and
participate in the discussion.
The May 9 meeting will be the first of several meetings where this topic will be
discussed. Official action, if any, by the Village Board is not anticipated until later in the
year. As a side note, the Cook County Board of Commissioners recently passed a
County-wide smoking ban that will become effective March 2007 in Mount Prospect
unless the Village Board adopts its own regulations.
If you cannot attend the May 9 meeting but would like to comment on the topic, you can
address a letter to the Office of the Village Manager at 50 South Emerson Street, Mount
Prospect, Illinois 60056 or send an e-mail to smokingregs@mountprospect.org.
Village of Mount Prospect
50 South Emerson Street
Mount Prospect, Illinois 60056
Phone: 847/392-6000 Fax: 847/392-6022
www.mountDroSDect.orQ
410 ILCS 801 Illinois Clean Indoor Air Act.
Page 1 of3
6-r.-rEt ~~"u"'E
PUBLIC HEALTH
(410 ILCS 80/) Illinois Clean Indoor Air Act.
(410 ILCS 80/1) (from Ch. 111 1/2, par. 8201)
Sec. 1. This Act shall be known and may be cited as the
"Illinois Clean Indoor Air Act".
(Source: P.A. 86-1018.)
(410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)
Sec. 2. The General Assembly finds that tobacco smoke is
harmful and dangerous to human beings and a hazard to public
health. Secondhand tobacco smoke causes at least 65,000 deaths
each year from heart disease and lung cancer according to the
National Cancer Institute. Secondhand tobacco smoke causes
sudden infant death syndrome, low-birth-weight in infants,
asthma and exacerbation of asthma, bronchitis and pneumonia in
children and adults. Secondhand tobacco smoke is the third
leading cause of preventable death in the United States.
Illinois workers exposed to secondhand tobacco smoke are at
increased risk of premature death. An estimated 1,570 Illinois
ci ti zens die each year from exposure to secondhand tobacco
smoke.
(Source: P.A. 94-517, eff. 1-1-06.)
(410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
Sec. 3. For the purposes of this Act, the following terms
have the meanings ascribed to them in this Section unless
different meanings are plainly indicated by the context:
(a) "Department" means the Department of Public Health.
(b) "Proprietor" means any individual or his designated
agent who by virtue of his office, position, authority, or
duties has legal or administrative responsibility for the use
or operation of property.
(c) "Public Place" means any enclosed indoor area used by
the public or serving as a place of work including, but not
limited to, hospitals, restaurants, retail stores, offices,
commercial establishments, elevators, indoor theaters,
libraries, art museums, concert halls, public conveyances,
educational facilities, nursing homes, auditoriums, arenas,
and meeting rooms, but excluding bowling establishments and
excluding places whose primary business is the sale of
alcoholic beverages for consumption on the premises and
excluding rooms rented for the purpose of living quarters or
sleeping or housekeeping accommodations from a hotel, as
defined in the Hotel Operators' Occupation Tax Act, and
private, enclosed offices occupied exclusively by smokers,
even though such offices may be visited by nonsmokers.
(d) "Smoking" means the act of inhaling the smoke from or
possessing a lighted cigarette, cigar, pipe, or any other form
of tobacco or similar substance used for smoking.
(e) "State agency" has the meaning formerly ascribed to it
in subsection (a) of Section 3 of the Illinois Purchasing Act
(now repealed).
(f) "Unit of local government" has the meaning ascribed to
it in Section 1 of Article VII of the Illinois Constitution of
1970.
(Source: P.A. 92-651, eff. 7-11-02.)
http://www.ilga.gov/legislation/ilcs/ilcs3.asp? ActID= 1533&ChapAct=41 0%26nbsp%3BIL...
5/2/2006
410 ILCS 801 Illinois Clean Indoor Air Act.
Page 2 of3
(410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)
Sec. 4. No person shall smoke in a public place except in
that portion of a public place which may be established and
posted under Section 5 as a smoking area. This prohibition
does not apply in cases in which an entire room or hall is
used for a private social function and seating arrangements
are under the control of the sponsor of the function and not
of the proprietor or person in charge of the place.
Furthermore, this prohibition shall not apply to factories,
warehouses and similar places of work not usually frequented
by the general public.
(Source: P.A. 86-1018.)
(410 ILCS 80/5) (from Ch. 111 1/2, par. 8205)
Sec. 5. The elected and appointed officials of the State
of Illinois and of any unit of local government and of any
school district, or their designee, having control over
property of the State or of a unit of local government or of a
school district which includes a public place, and the
proprietor of a structure which includes a public place may
establish an area on the premises as a smoking area where
smoking shall be permitted, unless otherwise prohibited by law
or ordinance. When establishing an area as a smoking area, a
person establishing such area shall utilize existing physical
barriers, ventilation systems, and other physical elements of
the premises to minimize the intrusion of smoke into areas
where smoking is not permitted. When a public place is a
single room or enclosure, a person establishing such area may
satisfy the purposes and provisions of this Act by
establishing a reasonable portion of the room or enclosure as
a smoking area.
(Source: P.A. 86-1018.)
(410 ILCS 80/6) (from Ch. 111 1/2, par. 8206)
Sec. 6. The State or unit of local government or school
district official or their designee or a proprietor and his
agents in control of a place which includes a public place
shall make reasonable efforts to prevent smoking in the public
place outside established smoking areas by posting appropriate
signs or contacting a law enforcement officer, or other
appropriate means.
(Source: P.A. 86-1018.)
(410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)
Sec. 7. A person, corporation, partnership, association or
other entity, who violates Section 4 of this Act is guilty of
a petty offense.
(Source: P.A. 86-1018.)
(410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)
Sec. 8. The Department, a local board of health, or any
individual personally affected by repeated violations may
institute, in a circuit court, an action to enjoin violations
of this Act.
(Source: P.A. 86-1018.)
(410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)
Sec. 9. No individual may be discriminated against in any
manner because of the exercise of any rights afforded by this
http://www.ilga.gov/legislation/ilcs/ilcs3 .asp? ActID= 1533&ChapAct=41 0%26nbsp%3BIL...
5/2/2006
410 ILCS 801 Illinois Clean Indoor Air Act.
Act.
(Source: P.A. 86-1018.)
(410 ILCS 80/10) (from Ch. 111 1/2, par. 8210)
Sec. 10. If any provision, clause or paragraph of this Act
shall be held invalid by a court of competent jurisdiction,
such validity shall not affect the other provisions of this
Act.
(Source: P.A. 86-1018.)
(410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
Sec. 11. Home rule.
(a) Except as provided in subsection (b), a home
of local government or any municipality in this State may
regulate smoking in public places, but that regulation must be
no less restrictive than this Act. This subsection (a) is a
limitation on the concurrent exercise of home rule power under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution.
(b) Any home rule unit that has passed an ordinance
concerning the regulation of smoking prior to October 1, 1989
is exempt from the requirements of subsection (a).
(Source: P.A. 94-517, eff. 1-1-06.)
http://www .ilga. gOY 11egislation/ilcs/ilcs3 .asp? ActID= 15 3 3 &ChapAct=41 0%26nbsp%3 BIL...
Page 3 of3
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5/2/2006
Public Act 094-0517
HB0672 Enrolled
):)S"T'."_ O~ AMCF\JbM~
LRB094 05843 RXD 35897 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Clean Indoor Air Act is amended by
changing Sections 2 and 11 as follows:
(410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)
Sec. 2. The General Assembly finds that tobacco smoke is
Qnneling, harmful and dangerous to human beings and a hazard to
public health. Secondhand tobacco smoke causes at least 65,000
deaths each year from heart disease and lunq cancer accordinq
to the National Cancer Institute. Secondhand tobacco smoke
causes sudden infant death syndrome, low-birth-weiqht in
infants, asthma and exacerbation of asthma, bronchitis and
pneumonia in children and adults. Secondhand tobacco smoke is
the third leadinq cause of preventable death in the United
States. Illinois workers exposed to secondhand tobacco smoke
are at increased risk of premature death. An estimated 1,570
Illinois citizens die each year from exposure to secondhand
tobacco smoke.
(Source: P.A. 86-1018.)
(410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)
Sec. 11. Home rule.
(a) Except as provided in subsection (b), a home rule &r
non home yule unit of local government or any municipality in
this State may ahall net ha'.'c the po..er ana autfiority, after
tfie effecti.e date of this hct, to regulate smoking in public
places, but that requlation must be no less restrictive than
this Act. This subsection (a) is a limitation on the concurrent
exercise of home rule power under subsection (i) of Section 6
of Article VII of the Illinois Constitution.
1Ql Purouant to ~rtiele VII, Ceetion 6, para~raph (h) of
Public Act 094-0517
HB0672 Enrolled
LRB094 05843 RXD 35897 b
t~e Illinois Constittltiofi ef 1970, it io cleclared to he t~e Ian
of t~io Otate that the rC~tllatiefi of sffioldng ao pre" iclecl hi
thio I.ct iG a pOner .,hieh 13rc elll13tG ROIllC rule tlfiitG frelll
eHcrei3in~ GUCR powcr Guhjeet te t~c limitationG pro;iclecl in
t~c Rot, pro~iclcd that Any home rule unit that has passed an
ordinance concerning the regulation of smoking prior to October
1, 1989 is exempt from the requirements of subsection (a).
13re cmfjtion.
(Source: P.A. 86-1018.)
Coo~ ~.sf'/
PROPOSED AMENDMENT TO COOK COUNTY CLEAN INDOOR AIR ORDINANCE
COOK COUNTY CLEAN INDOOR AIR ORDINANCE
SPONSORED BY THE HONORABLE MIKE QUIGLEY,
JERRY BUTLER, FORREST CLA VPOOL, EARLEAN COLLINS, JOHN
DALEY, GREGG GOSLIN, CARL HANSEN, ROBERTO MALDONADO,
JOSEPH MARIO MORENO, TONY PERAICA, DEBORAH SIMS, BOBBIE
STEELE, COOK COUNTY COMMISSIONERS
WHEREAS, secondhand smoke contains over 4,000 chemical compounds, of which 200
are known poisons including carbon monoxide, arsenic, cyanide, benzene and
formaldehyde; and
WHEREAS, the U.S. Environmental Protection Agency classifies secondhand smoke as
a "Class A Carcinogen;" and
WHEREAS, the U.S. Center for Disease Control (CDC) estimates that 3,000 lung cancer
deaths and more than 35,000 coronary heart disease deaths occur annually among adult
nonsmokers in the United States as a result of exposure to secondhand smoke; and
WHEREAS, secondhand smoke is the third leading cause of preventable death in the
U.S. and causes cancer, stroke, and heart disease, and has also been linked to Sudden
Infant Death Syndrome (SillS) and exacerbation of asthma symptoms, including
triggering asthmas attacks; and
WHEREAS, employees who work in smoke-filled businesses suffer a 25-50% higher risk
of heart attack and higher rates of death from cardiovascular disease and cancer, as well
as increased acute respiratory disease and measurable decrease in lung function; and
WHEREAS, the American with Disabilities Act, which requires that disabled persons
have access to public places and workplaces, deems impaired respiratory function to be a
disability; and
WHEREAS, there is no known safe level of exposure to secondhand smoke; and
WHEREAS, the U.S. Surgeon General has determined that the simple separation of
smokers and nonsmokers within the same air space may reduce, but does not eliminate,
the exposure of nonsmokers to secondhand smoke; and
WHEREAS the U.S. Environmental Protection Agency has detennined that secondhand
smoke cannot be reduced to safe levels in businesses by high rates of ventilation; and
WHEREAS, air cleaners, which are only capable of filtering the particulate matter and
odors in smoke, do not eliminate the known toxins in secondhand smoke; and
1
WHEREAS, ASHRAE (American Society of Heating, Refrigerating and Air
Conditioning Engineers) bases its ventilation standards on totally smoke-free
environments because it cannot determine a safe level of exposure to secondhand smoke,
which contains cancer-causing chemicals, and ASHRAE acknowledges that the
technology does not exist that can remove chemicals from the air that cause cancer; and
WHEREAS, exposure to secondhand smoke costs the nation $5 billion in direct medical
costs and $5 billion in indirect medical costs annually; and
WHEREAS, limiting the exposure to secondhand smoke will result in considerable
savings to taxpayers through the reduction of direct and indirect medical costs for Cook
County employees and taxpayers utilizing Cook County health facilities; and
WHEREAS, the states of California, Massachusetts, Rhode Island, Utah, Vermont,
Idaho, Connecticut, South Dakota, Maine, Delaware, Florida, New Jersey, and
Washington adopted protective clean indoor air laws that eliminate workers' , patrons',
and visitors' exposure to secondhand smoke; and
WHEREAS, since 2002, ninety independent studies have concluded that there is either no
economic impact or there is a positive economic impact after the implementation of
smoke-free restaurantlbar laws and laws banning smoking in the workplace; and
WHEREAS, the Cook County Board of Commissioners finds and declares that the
purposes of this Ordinance are (1) to protect the public health and welfare by prohibiting
smoking in all public places and places of employment, and (2) to guarantee the right of
nonsmokers to breathe smoke-free air which shall have priority over the desire to smoke.
NOW THEREFORE BE IT ORDAINED BY THE COOK COUNTY BOARD OF
COMMISSIONERS:
Section 1: Title
This Ordinance shall be known as the Cook County Clean Indoor Air Ordinance.
Section 2:
Interpretation with Other Laws
Nothing in this Ordinance supersedes any existing elimination of smoking that is
already covered by fire code restrictions.
Section 3:
Definitions
The following words and phrases, wherein used in this Ordinance, shall have the
following meanings:
"Arcade" means a place of amusement, which contains four or more automatic
amusement devices and is not licensed to serve alcoholic liquor.
2
"Bar/Tavern" means an establishment that is devoted to the serving of alcoholic
beverages for consumption by guests and patrons on the premises and does not
have an on-site kitchen to prepare food. Food service is limited to providing
snack items or commercially prepared or wrapped foods that require no
preparation.
"Business" means any sole proprietorship, partnership, joint venture, corporation,
limited liability company or other business entity formed for profit-making
purposes, including without limitation retail establishments where goods or
services are sold as well as professional corporations and other entities where
legal, medical, dental, engineering, architectural, or other professional services are
delivered.
"Employee" means any person who is employed by an employer in consideration
for direct or indirect monetary wages or profit and a person who volunteers his or
her services for a non-profit entity.
"Employer" means any person, business, partnership, association, corporation,
including without limitation a municipal corporation, trust, or non-profit entity
that employs the services of one or more individual persons.
"Enclosed Area" means all space between a floor and ceiling that is enclosed or
semi-enclosed with (i) solid walls or windows (exclusive of doorways), which
extend from the floor to the ceiling, or (ii) solid walls with half wall petitions and
no windows (exclusive of doorways) without limitation to lobbies and corridors.
"Health-Care Facility" means any office or institution providing medical care or
treatment of diseases, whether physical, mental, or emotional, or other medical,
physiological, or psychological conditions, including without limitation hospitals,
clinics, JRU'Sing homes, homes for the aging or chronically ill, laboratories, and
offices of surgeons, chiropractors, physical therapists, physicians, dentists and all
specialists within these professions. The definition shall include all waiting
rooms, hallways, private rooms, semiprivate rooms, and wards within health care
facilities.
4'Place of Employment" means any enclosed area under the control of a public or
private employer that employees frequent during the course of employment,
including without limitation work areas, employee lounges, restrooms, conference
rooms, classrooms, employee cafeterias, hallways and vehicles. A private
residence is not a "Place of Employment" unless it is used as a childcare, adult
day care, health care facility, or home-based business of any kind open to the
public.
"Public Place" means any enclosed area to which the public is invited or in which
the public is permitted, including without limitation banks, educational facilities,
3
government buildings, health care facilities, laundromats, museums, public
transportation facilities, reception areas, restaurants, bars/taverns, retail food
production and marketing establishments, retail service establishments, retail
stores, shopping malls, sports arenas, theaters, and waiting rooms. A private
residence is not a "Public Place" unless it is used as a childcare, adult daycare,
health care facility, or home-based business of any kind open to the public.
"Private Club" or "lodge" means any not-for-profit association that: (i) has been
in active and continuous existence for at least three years: and (ii) has a
membership roll of more than 50 bona fide members who pay membership dues
on an annual or other periodic basis. For purposes of this section "bona fide
members" do not include members who pay membership dues at the time of an
amusement produced. presented or conducted by the club or lodge or in
conjunction with contracting for production. presentation or conduct of an
amusement by the club. as a condition to entering the premises where the
amusement is produced. presented or conducted.
"Private Function" means a gathering of persons for the purpose of deliberation,
education, instruction, entertainment, amusement or dining where membership or
specific invitation is a prerequisite to entry and where the event is not intended to
be open to the public.
"Restaurant" means an eating establishment, including without limitation coffee
shops, cafeterias, sandwich shops, and private and public school cafeterias that
gives or offers for sale, food to the public, guests or employees, as well as
kitchens and catering facilities in which food is prepared on the premises for
serving elsewhere. The term "Restaurant" shall include, if applicable, a restaurant
bar area.
"Restaurant bar area" means an area of a restaurant that is primarily devoted to
the serving of alcoholic liquor.
~~Retail Tobacco Store" means any retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is merely
incidental and where no one under 18 is permitted.
"Secondhand smoke" or "Involuntary smoking" is a mixture of the smoke given
off by the burning ends of a cigarette, pipe, cigar, bidis, and kreteks (sidestream
smoke) and the smoke emitted at the mouthpiece and exhaled from the lungs of
smokers (mainstream smoke).
"Service Line" means any indoor line at which one (1) or more persons are
waiting for or receiving services of any kind, whether or not the service involves
the exchange of money.
4
"Shopping Mall" means any enclosed walkway or hall area that serves to connect
retail or professional establishments.
"Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, weed, hookah, or other lighted tobacco product in any manner or
in any form.
"Enclosed or Semi-Enclosed" "Sports Arena" or "Recreational Area" means any
sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool,
roller and ice rink, bowling alley and other similar places where members of the
general public assemble either to engage in physical exercise, or participate in
athletic competition or recreational activity, to witness sports, cultural,
recreational or other events.
Section 4 : Prohibition of Smoking in Public Places
Smoking shall be prohibited in all enclosed public places and places of employment
within the County of Cook, including without limitation the following places:
1. Arcades.
2. Aquariums, galleries, libraries, and museums.
3. Bars/taverns.
4. Bingo facilities.
5. Bowling Alleys.
6. Convention facilities.
7. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture,
musical recital, or other similar performance.
8. Health care facilities; and adult day care facilities., and :m:wsing homes.
9. Day care centers, nursery schools, elementary schools, high schools,
community colleges, technical training establishments, specialty schools,
colleges, and universities.
10. Lobbies, hallways and other common areas in apartment buildings,
condominiums and enclosed common areas in trailer parks.
11. Polling places.
5
12. Public Transportation under the authority of government agencies, including
without limitation buses, trains, taxicabs, and limousines, and ticket boarding
and waiting areas of public transit stations.
13. Restaurants, including if applicable, a Restaurant bar area.
14. Restrooms, lobbies, reception areas, hallways, and other enclosed common-
use areas.
15. Public elevators and all retail stores where merchandise is displayed and
offered for sale.
16. Rooms; chambers, places of meeting or public assembly, including without
limitation school buildings, under the control of an agency, board,
commission, committee or council or a political subdivision of the State, to
the extent the place is subject to the jurisdiction of the County.
17. Service lines.
18. Shopping malls.
19. Sports arenas or recreational areas, including without limitation, enclosed
places in outdoor areas.
20. Grocery stores.
21. Public meetings.
22. Gymnasiums.
23. Gaming facilities.
24. Public and private school buildings.
Section 5 : Reasonable Distance
Smoking is prohibited within fifteen (15) feet of any entrance to an enclosed area in
which smoking is prohibited.
Section 6 : Where Smoking is not Regulated.
Notwithstanding any other provision of this Article to the contrary, the following
areas shan be exempt from the provisions this Ordinance, provided smoking is not
limited in such areas under the Illinois Clean Indoor Air Act.
6
1. Private residences, except when used as a licensed childcare, adult day care
facility, health care facility, or a home~based business of any kind open to
the public.
2. Hotel and motel sleeping rooms that are rented to guests and are designated
as smoking rooms provided, however, that not more than twenty-five
percent (25%) of the rooms rented to guests in a hotel or motel may be so
designated.
3. Private and semi-private rooms in nursing homes and long-term care
facilities that are occupied by one or more persons. all of whom are smokers
and have requested in writing to be placed or to remain. as the case my be.
in a room where smoking is permitted.
4. Private clubs or lodges.
Section 7 : Declaration of Establishment as Non-smoking.
Notwithstanding any other provision of this Ordinance, an owner operator,
manager, or other person in control of an establishment, facility, or outdoor area
may declare that entire establishment, facility, or outdoor area as a non-smoking
place.
Smoking shall be prohibited in any place in which a sign conforming to the
requirements of this Ordinance is posted.
Section 8: Posting of Signs
A. Every public place and place of employment where smoking is prohibited
by this Ordinance shall have posted at every entrance a conspicuous sign
clearly stating that smoking is prohibited.
B. The operator, manager or other person having control of an area where
smoking is prohibited by this Ordinance shall remove all ashtrays and
other smoking paraphernalia intended for use where smoking is
prohibited.
Section 9: Non-retaliation
No person or employer shall discharge, refuse to hire, or in any manner retaliate
against an employee, applicant for employment, or customer because that
employee, applicant, or customer exercises any rights afforded by this Ordinance
or reports or attempts to prosecute a violation of this Ordinance.
Section 10: Enforcement
7
A. Any law enforcement agency and certified local public health department
with jurisdiction shall be authorized to enforce this Ordinance within its
jurisdiction. The certified local public health department is the Cook
County Department of Public Health, except within those areas within
Cook County which are served by another local health department
certified by the Illinois Department of Public Health, in which case said
certified local health department shall be authorized to enforce the
Ordinance.
B. Any citizen who desires to register a complaint under this Ordinance may
file a complaint with the Cook County Department of Public Heath. If it
does not have jurisdiction, the Cook County Department of Public Health
shall transmit the complaint to the appropriate certified local health
department.
C. The Cook County Department of Public Health or designees shall, while
an establishment is undergoing other public health inspections, inspect for
compliance with this Ordinance.
D. Any owner, manager, operator, or employee of an establishment regulated
by this Ordinance shall inform persons violating this Ordinance of the
appropriate provisions thereof.
E. In addition to the remedies provided by the provisions of this Ordinance,
the applicable certified local health department or any person aggrieved
by the failure of the owner, operator, manager of other person in control of
a public place or a place of employment to comply with the provisions of
this Section may apply for injunctive relief to enforce these provisions in
any court of competent jurisdiction.
Section 11: Violations and Penalties
A. A person who smokes in an area where smoking is prohibited by this
Ordinance shall be guilty of an infraction, punishable by a fine not more
than one hundred dollars ($100).
B. A person who owns, manages, operates, or otherwise controls a public
place or place of employment and who fails to comply with the provisions
of this Ordinance shall be guilty of an infraction, punishable by:
1. A fme not exceeding one hundred dollars ($100) for the
first violation.
2. A fine not more than five hundred dollars ($500) for the
second violation within one (1) year of the first violation.
8
~ ..,.
3. A fine not more than two thousand five hundred dollars
($2500) for each additional violation within one (1) year
and a sixty (60) day suspension or revocation of any pennit
or license issued to the person for the premises on which
the violation occurred.
C. Each day on which a violation of this Ordinance occurs shall be
considered a separate and distinct violation.
D. Fines collected pursuant to this Ordinance will be deposited into a
Special Fund created and maintained by the Cook County Treasurer. This
Special Fund shall be utilized as directed by the Cook County Board of
Commissioners for enforcement, public education purposes relating to the
health hazards associated with smoking and for lung related illness
programs. The Cook County Board of Commissioners may enter into
intergovernmental agreements with local governmental entities to allow
distribution of a portion of such Special Fund to such local governmental
entities, for use in accordance with these purposes.
Section 12: Public Education
The Cook County Department of Public Health within its jurisdiction shall engage
in a continuing program to explain and clarify the purposes and requirements of
this Ordinance to citizens affected by it, and to guide owners, operators, and
managers in their compliance with it. Within their jurisdictions, local health
departments certified by the Illinois Department of Public Health are authorized
to provide the same continuing programs.
Section 13: Other Applicable Laws
This Ordinance shall not be interpreted or be construed to pennit smoking where
it is otherwise restricted by other applicable laws.
Section 14: Severability
If any provision, clause, sentence or paragraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid by a court
of competent jurisdiction, such invalidity shall not affect the other provisions of
this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
Section 15: Applicability of this Ordinance
9
This Ordinance shall apply to all areas within Cook County, Illinois except those
areas which are governed by an ordinance of another governmental entity (which
by law may not be superseded by this Ordinance).
Section 16: Effective Date
This ordinance shall take effect three hundred sixty five (365) sixty (60) days
from its passage.
10
Q -
~,c.AGto~r - --.
Chapter 7-32 of the City of Chicago Municipal Code
Chicago Clean Indoor Air Ordinance 012005
Section 1
. 7-32-010 (Title)
. 7-32-020 (Interpretation With Other Laws)
. '7-32-030 ill5!.finitiQn~)
. 7-32-040 (Ci!y:-owned Facilities)
. 7-32-050 (Prohibition ofSmokin..g in Public Places)
. 7-32-060 (Reserved)
. 7-32-070 (Reasonable Distance)
. 7'-32-080 (Where Smoking is not Regulated)
. 7-32-090 (Declaration of Establishment as Non-smoking)
. 7-32-100 (Reserved)
. 7-32-110 (Non-retaliation)
. 7-32-120 (Enforcement)
. 7-32-130 (Violations and Penalties)
. 7-32-140 (Public Education)
. 7-32-150 (Reserved)
. 7-32-160 (Other A1212licable Laws)
. 1:.12-17{L(Sev~r~bilitr)
Section 2
SECTION 1.
Chapter 7-32 of the Municipal Code is hereby repealed in its entirety and replaced with the
following:
7-32-010
Title.
This Chapter shall be known as the Chicago Clean Indoor Air Ordinance of 2005.
7-32-020 Interpretation With Other Laws.
Nothing in this Chapter overrides any existing elimination of smoking that is already covered by
fire code restrictions.
7-32-030
Definitions.
The following words and phrases, whenever used in Sections 7-32-030 through 7-32-090, shall
have the following meanings:
. II Arcade" means a public place of amusement, Class II, as defmed in Chapter 4-156 of
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this code, which contains four or more automatic amusement devises and is not licensed
to serve alcoholic liquor.
· "Bar/tavern" means an establishment that is subject to a license for the sale of alcoholic
liquor for consumption on the premises, and that derives 65% or more of its gross
proceeds from the sale of alcoholic liquor. Each bar/tavern shall provide such
documentation as may be requested by the Departments of Business Affairs and Licensing
and Revenue to enable those departments to determine whether the establishment meets
the percentage requirement of this defmition.
. "Business" means any sole proprietorship, partnership, joint venture, corporation, limited
liability company or other business entity formed for profit making purposes, including
withoutIimitation retail establishments where goods or services are sold as well as
professional corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered.
. "Employee" means any person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and a person who volunteers his or her
services for anon profit entity.
. "Employer" means any person, business, partnership, association, corporation, including
without limitation a municipal corporation, trust, or non profit entity that employs the
services of one or more individual persons.
. "Enclosed" area means all space between a floor and a ceiling, that is enclosed or semi
enclosed with (i) solid walls or windows (exclusive of doorways), or (ii) solid walls with
halfwall petitions and no windows (exclusive of doorways) which extend from the floor
to the ceiling, without limitation to lobbies and corridors.
. "Health care facility" means any office or institution providing care or treatment of
diseases, whether physical, mental, or emotional, or other medical, physiological, or
psychQlogical conditions, including without limitation hospitals, rehabilitation hospitals,
clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of
surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within
these professions. This definition shall include all waiting rooms, hallways, private rooms,
semi private rooms and wards within health care facilities.
. "Place of employment" means any enclosed area under the control of a public or private
employer that employees frequent during the course of employment, including without
limitation work areas, employee lounges, restrooms, conference rooms, classrooms,
employee cafeterias, hallways and vehicles. A private residence is not a "place of
employment" unless it is used as a childcare, adult day care, health care facility or home
based business of any kind open to the public.
. "Public place" means any enclosed area to which the public is invited or in which the
public is permitted, including without limitation banks, educational facilities, government
buildings, health care facilities, laundromats, museums, public transportation facilities;
reception areas, restaurants, bars/taverns, retail food production and marketing
establishments, retail service establishments, retail stores, shopping malls, sports arenas,
theaters, and waiting rooms. A private residence is not a "public place" unless it is used as
a childcare, adult day care, health care facility or home based business of any kind open to
the public.
. "Private function" means a gathering of persons for the purpose of deliberation,
education, instruction, entertainment, amusement or dining where membership or specific
invitation is a prerequisite to entry and where the event is not intended to be open to the
public.
. "Restaurant" means any retail food establishment, as that term is defined in section 4-8-
010 of the code, and that derives less than 65% of its gross proceeds from the sale of
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alcoholic liquor. The term Ilrestaurant" shall include, if applicable, a restaurant bat area.
Each restaurant shall provide such documentation as may be requested by the
Departments of Business Affairs and Licensing and Revenue to enable those departments
to determine whether the establishment meets the percentage requirement of this
definition.
. "Restaurant bar area" means an area of a restaurant that is primarily devoted to the
serving of alcoholic liquor.
. IlRetail tobacco storell means any retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is merely incidental and
where no one under 18 is permitted.
. IlService linell means any indoor line at which one (1) or more persons are waiting for or
receiving services of any kind, whether or not the service involves the exchange of
money.
. "Shopping mall" means any enclosed walkway or hall area that serves to connect retail or
professional establishments.
. IlSmokingll means inhaling, exhaling, burning or carrying any lighted cigar, cigarette,
pipe, weed, hookah or other lighted tobacco product in any manner or in any form.
. IlEncJosed or Semi Enclosed Sports Arenall or IlReereational Area'! means any sports
pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice
rink, bowling alley and other similar places where members of the general public
assemble either to engage in physical exercise, or participate in athletic competition or
recreational activity, to witness sports, cultural, recreational or other events.
7-32-040 City-owned Facilities.
All enclosed vehicles and facilities, including without limitation buildings and vehicles owned,
leased, or operated by the City of Chicago, shall be subject to the provisions of Chapter 7-32.
7-32-050 Prohibition of Smoking in Public Places.
Smoking shall be prohibited in all enclosed public places and places of employment within the
City of Chicago including without limitation the following places;
1. Arcades.
2. Aquariums, galleries, libraries, and museums.
3. Bars/taverns, subject to section 7-32-080.
4. Bingo facilities.
5. Convention facilities.
6. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical
recital, or other similar performance.
7. Health care facilities, adult care facilities and nursing homes.
8. Day care centers, nursery schools, elementary schools, high schools, community colleges,
technical training establishments, specialty schools, colleges and universities.
9. Lobbies, hallways and other common areas in apartment buildings, condominiums and
enclosed common areas in trailer parks.
lO.Polling places.
11. Public transportation facilities under the authority of government agencies, including
without limitation buses, trains, taxicabs, and limousines, and ticket, boarding and waiting
areas of public transit stations.
12. Restaurants, subject to section 7-32-080.
13. Restrooms, lobbies, reception areas, hallways, and other enclosed common use areas.
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14. Public elevators and all retail stores where merchandise is displayed and offered for sale.
15. Rooms, chambers, places of meeting or public assembly, including without limitation
school buildings, under the control of an. agency, board, commission, committee or
council or the City or a political subdivision of the State, to the extent the place is subject
to the jurisdiction of the City.
16. Service lines.
17. Shopping malls.
18. Sports arenas or recreational areas, including without limitation enclosed places in
outdoor arenas.
19. Grocery stores.
20. Public meetings.
21. Gymnasiums.
22. Government vehicles used for City business such as maintenance trucks or fleet vehicles.
23. Public and private school buildings.
7-32-060
Reserved.
7-32-070
Reasonable Distance.
Smoking is prohibited within fifteen feet of any entrance to an enclosed area in which smoking
is prohibited.
7-32-080 Where Smoking is not Regulated.
Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be
exempt from the provisions of Sections 7-32-050 through 7-32-070:
1. Private residences, except when used as a licensed childcare, adult care facility, health
care facility, or a home based business of any kind open to the public.
2. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking
rooms provided, however, that not more than twenty five percent (25%) of the rooms
rented to guests in a hotel or motel may be so designated.
3. Retail tobacco stores, provided that smoke from these places does not infiltrate into areas
where smoking is prohibited under the provisions of any section of Chapter 7-32.
4. Private clubs or lodges, as defmed in code section 4-156-305(g).
5. Until July 1,2008, any bar/tavern. On and after July 1,2008, all bars/taverns shall be
subject to the provisions of Sections 7-32-050 through 7-32-01..Q.
6. Until July 1,2008, any restaurant bar area; provided, however, that smoking in a
restaurant bar area shall only be permitted within fifteen feet of the bar. On and after July.
1,2008, all restaurant bar areas shall be subject to the provisions of Sections 7-32-050
through 7-32-070.
7. Any public place or place of employment otherwise subject to this Chapter whose owner
or operator can demonstrate, to the satisfaction of the commissioner of public health and
the commissioner of the environment, that such area has been equipped with air filtration
or purification devices or similar technologies as to render the exposure to secondhand
smoke in such area, notwithstanding the fact that smoking may be occurring in such area,
equivalent to such exposure to secondhand smoke in the ambient outdoor air surrounding
the establishment. The commissioner of public health and the commissioner of the
environment are jointly authorized to promulgate regulations specifying what types of
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technologies, when and if available, and taking into account any applicable Federal and/or
State standards, satisfy the requirements of this paragraph.
7-32-090 Declaration of Establisbment as Non..smoking.
Notwithstanding any other provision of Chapter 7-32, an owner, operator, manager, or other
person in control of an establishment, facility, or outdoor area may declare that entire
establishment, facility or outdoor area as a non smoking place.
7-32-100
Reserved.
7-32-110
Non-retaliation.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an
employee, applicant for employment, or customer because that employee, applicant, or customer
exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of
this Chapter.
7-32-120 Enforcement.
A. Chapter 7-32 shall be enforced by the Chicago Department of Public Health and the
Department of Business Affairs and Licensing, or their authorized designees.
B. Notice of the provisions Section7-32-Q20 through 7-32-1 tQ shall be given to all
applicants for a business license in the City of Chicago.
C. Any citizen who desires to register a complaint under Sections 7-32-20 through 7-32-110
may initiate enforcement with the Chicago Department of Public Health.
D. The Chicago Department of Public Health or their designees shall, while an establishment
is undergoing otherwise mandated inspections, inspect for compliance with Sections 7-32-
20 through 7-32-110.
E. An owner, manager, operator or employee of an establishment regulated by this Chapter
shall inform persons violating Sections 7-32-20 through 7-32-110 of the appropriate
provisions thereof.
F. In addition to the remedies provided by the provisions of Sections 7-32-20 through 7-32-
110, the Chicago Department of Public Health or any person aggrieved by the failure of
the owner, operator, manager or other person in control of a public place or a place of
employment to comply with the provisions of this Section may apply for injunctive relief
to enforce those provisions in any court of competent jurisdiction.
7-32-130
Violations and Penalties.
A. A person who smokes in an area where smoking is prohibited by Sections 7..:32-20
through 7-32-110 shall be guilty of an infraction, punishable by a fine not more than one
hundred dollars ($100).
B. A person who owns, manages, operates or otherwise controls a public place or place of
employment and who fails to comply with the provisions of Sections 7-32-20 through 7-
32-110 shall be guilty of an infraction, punishable by:
1. A fme not exceeding one hundred dollars ($100) for the first violation.
2. A fine not more than five hundred dollars ($500) for the second violation within
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one (1 ) year of the first violation.
3. A fine not more than two thousand five hundred dollars ($2500) for each additional
violation within one (1) year and a sixty (60) day suspension or revocation of any
permit or license issued to the person for the premises on which the violation
occurred.
C. Each day on which a violation of Section 7-32 20 through 7-32-110 occurs shall be
considered a separate and distinct violation.
7-32-140
Public Education.
The Chicago Department of Public Health shall engage in a continuing program to explain and
clarifY the purposes and requirements of Sections 7-32-=20 through 7-32-110 to citizens affected
by it, and to guide owners, operators, and managers in their compliance with it.
7-32-150
Reserved.
7-32-160 Other Applicable Laws.
Chapter 7-32 shall not be interpreted or be construed to permit smoking where it is otherwise
restricted by other applicable laws.
7-32-170 Severability.
If any provision, clause, sentence or paragraph of this Chapter or the. application thereof to any
person or circumstances shall be held invalid by a court of competent jurisdiction, such
invalidity shall not affect the other provisions of this Chapter which can be given effect without
the invalid provision or application, and to this end the provisions of this Chapter are declared to
be severable.
SECTION 2.
The effective date of this ordinance shall be January 16, 2006.
Back to _TJill
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VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO.
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD TO REGULATE
SMOKING IN PUBLIC PLACES AND WORKPLACES
(THE DEERFIELD SMOKE FREE AIR ORDINANCE)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
day of
,2005.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_ day of , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO.
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD TO REGULATE
SMOKING IN PUBLIC PLACES AND WORK PLACES
(THE DEERFIELD SMOKE FREE AIR ORDINANCE)
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to
indoor air pollution and that breathing secondhand smoke is a cause of disease in healthy
nonsmokers, including heart disease, stroke, respiratory disease and lung cancer; and
WHEREAS, secondhand smoke is Rarticularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and
those with obstructive airway disease; and,
WHEREAS, children exposed to secondhand smoke have an increased risk of asthma,
respiratory infections and cancer; and
WHEREAS, smoking is a potential cause of fires; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that smoking should be prohibited in public places, in places of employment, at the
public entrances to such places, in and near open air dining areas and at certain unenclosed public
places including park and school grounds in the Village of Deer field to protect the public health and
welfare and to protect the right of nonsmokers to avoid breathing secondhand smoke;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated herein as the findings of
the Board of Trustees of the Village of Deer field.
SECTION 2: SMOKING REGULATIONS. That Chapter 12, entitled "Health," of the
Municipal Code of the Village of Deer field be and the same is hereby amended to add the following
as Article 6 thereof entitled "Smoke Free Air Regulations:"
Sec. 6-32
Sec. 6-33
Sec. 6-34
Sec. 6-35
Sec. 6-36
Sec. 6-37
Sec. 6-38
Sec. 6-39
Sec. 6-40
Sec. 6-41.
Sec. 6-42
Sec. 6-43
Sec. 6-44
Sec. 6-45
Sec. 6-46
ARTICLE 6. SMOKE FREE AIR REGULATIONS
Background
Purpose
Definitions
Prohibition in Public Places
Prohibition in Unenclosed Public Places
Prohibition in Places of Employment
Prohibition in Open Air Dining Areas
Prohibition at Public Entrances
Designation of Other No-Smoking Areas
No Retaliation
Signs
Exemption
Penalties
Severability
Effective Date
Sec. 6-32. Background.
Smoking creates the hazard of injury to the personal health of those in the
environment of such smoke as well as the potential of damage to property that may
result from the incendiary nature of such activity. It has been determined that
breathing ambient smoke is a health hazard to both smokers and nonsmokers.
Cigarette smoking also produces several substances that are considered hazardous to
health including carbon monoxide, hydrogen cyanide, nitrous oxide and
formaldehyde. Secondhand smoke (68% of the total smoke produced by a cigarette)
affects the health of the bystander, interfering with respiratory tract defenses, often
causing nonsmokers to have allergic or irritative reactions, and is a known cause of
lung cancer.
-2-
Because the hazards of smoking have a potentially harmful effect, material
and direct, on the public health, safety, welfare, comfort, and property of residents of
the Village, it is necessary and desirable to establish regulations that prohibit
smoking in all enclosed public places, in all places of employment, near entrances to
all public places and places of employment, in open air public dining areas accessory
to enclosed public places, and within certain unenclosed public places including
school grounds, parks and recreations areas.
Sec. 6-33. Purpose.
This ordinance may be cited as the "Deerfield Smoke Free Air Ordinance,"
the purpose of which is to protect the public health, comfort and environment by
prohibiting smoking in all enclosed public places and places of employment, within
25 feet of all public entrances to such places, in open air public dining areas and
within 25 feet of such areas, and within certain unenclosed public places including
school grounds, parks and recreation areas, in order to ensure that nonsmokers may
breath air free from the hazardous effects of secondhand smoke.
Sec. 6-34. Definitions.
For purposes of this Article, the following terms shall have the following
meanmgs:
(A) "Business" means any sole proprietorship, partnership, joint venture,
corporation, association or other business entity, whether formed for profit or non-
profit purposes. "Business" includes a "club" as defined in this Section.
(B) "Club" means a private not-for-profit association, corporation or other
entity consisting of person who are bona fide paying members and which owns,
leases or uses a building or portion thereof, the use of which is restricted primarily to
members and their guests.
(C) "Employee" means any person who is employed or retained by a
business, and shall include the owner or operator of a sole proprietorship or other
similar business entity.
(D) "Employer" means any business that employs one or more employees.
(E) "Enclosed area" means all space in any structure or building that is
enclosed on all sides by any combination of walls, windows, or doorways, extending
from floor to the ceiling.
(F) "Open Air Dining Area" means a seating area open to the air that is
accessory to a restaurant, hotel, cafeteria, private club or other public place engaged
-3-
in purveying commercial food or beverage service where members of the public,
members or guests are invited to sit and receive food and beverage service for a
consideration.
(G) "Place of employment" means an area under the control ofa public or
private employer within the Village that employees normally frequent during the
course of employment, and includes, without limitation, common work areas, private
offices, auditoriums, classrooms, conference and meeting rooms, cafeterias,
elevators, employee lounges, staircases, hallways, restrooms, medical facilities,
private clubs, and the interior of a vehicle of public conveyance. "Place of
Employment" also includes the home office portion of a private dwelling, but only if
the home office is used by more than one employee or is frequented by business
invitees.
"Place of employment" does not include a private dwelling unit, unless the
dwelling is also used as a day care facility for children or adults; provided that rooms
in nursing homes or long-term care facilities occupied by one or more persons who
have requested in writing a room where smoking is permitted shall be considered
private dwelling units.
"Place of Employment" does not include that part of a private dwelling used
as a home office by a single employee only who resides in that dwelling.
(H) "Park" means a public park or recreation area that is open to and used
by the general public.
(I) "Public Entrance" means the doorway or other entrance to a public
place that is open to and intended for use by the general public for ingress and egress
to the public place.
"Public Entrance" also means a doorway or other entrance for pedestrian
ingress and egress to a place of employment: (i) that is open to and intended for use
by the general public or business invitee's ingress and egress to the place of
employment; (ii) where employees are required or permitted to enter or exit the place
of employment.
(J) "Public place" means an area that is open to and used by the general
public, or any area to which the public is invited or in which the public is permitted,
including without limitation:
(1) vehicles of public conveyance;
(2) common or public areas (including without limitation lobbies,
hallways, reception areas, public restrooms, elevators and staircases) of
-4-
apartment buildings, condominiums, dormitory buildings, nursing home care
facilities, and other multiple family residential structures;
(3) common or public areas (including without limitation lobbies,
hallways, reception areas, public restrooms, elevators and staircases) of any
building or structure that is accessible to the public including without
limitation office, commercial, and industrial buildings, banks and financial
institutions, educational institutions, health care facilities such as hospitals,
clinics and doctor's offices, museums, libraries, restaurants, polling places,
government and Village-owned buildings, food stores, cafeterias, theaters,
auditoriums, train and bus stations, hotels, motels, and retail and service
establishments;
(4) rooms, chambers, halls, or other locations within which meetings,
hearings, or gatherings are held, to which the public is invited or in which the
public is permitted, including specifically, but without limitation, any
enclosed area under the control of the Village of Deer field where there is in
progress any public meeting.
"Public place" shall not include:
(1) a private dwelling unit, unless said dwelling is also used as a day
care facility for children or adults; provided that rooms in nursing homes or
long-term care facilities occupied by one or more persons who have
requested in writing a room where smoking is permitted shall be considered
private dwelling units; or
(2) hotel or motel rooms designated as smoking, provided that no
more than 20% ofthe available rooms for rent in any single building shall be
designated as smoking rooms.
(K) "School Grounds" mean all public or private outdoor school grounds,
but excluding any open areas specifically designated and permitted by the
school administration for smoking by adults who are invited to use such area
for smoking.
(L) "Smoke" or "smoking" means inhaling, exhaling, burning, or carrying
any lighted cigar, cigarette, pipe, or other lighted tobacco product in any
manner or in any form.
(M) "Village" means the Village of Deer field.
Sec. 6-35. Prohibition in Enclosed Public Places.
-5-
It is unlawful to smoke in any enclosed area of any public place. It shall be
unlawful for the owner, occupant or lessee, as the case may be, in control of a public
place to knowingly permit smoking in any enclosed area in a public place.
Sec. 6-36. Prohibition in Unenclosed Public Places.
It is unlawful to smoke in the following unenclosed public places:
(A) The seating areas of all outdoor arenas, stadiums and amphitheaters.
(B) Public parks and recreations areas.
(C) School grounds.
(D) Public sidewalks within twenty-five (25) feet of a public entrance,
but excluding any person who is temporarily in such area for the
purpose of walking or traversing through such area.
(E) Public sidewalks within twenty-five (25) feet of an open air dining
area, but excluding any person who is temporarily in such area for the
purpose of walking or traversing through such area.
Sec. 6-37. Prohibition in Places of Employment.
It is unlawful to smoke in any enclosed area of any place of employment. It
shall be unlawful for any employer to knowingly permit smoking in any enclosed
area of any place of employment.
Sec. 6-38. Prohibition in Open Air Dining Areas.
(A) It is unlawful to smoke in any open air dining area. It shall be
unlawful for the owner, occupant or lessee, as the case may be, in
control of an open air dining area to knowingly permit smoking in the
area available for open air dining.
(B) It is unlawful to smoke within outdoor areas that are located within
twenty-five (25) feet of an open air dining area.
Sec. 6-39. Prohibition at Public Entrances.
It is unlawful to smoke within outdoor areas that are located within twenty-
five (25) feet of a public entrance to a public place or to a place of employment. It is
unlawful for any person or persons to gather or congregate for the purpose of
smoking within an outdoor area located with twenty-five (25) feet of a public
entrance within which area smoking is prohibited.
-6-
Sec. 6-40. Designation of Other No-Smoking Areas.
Nothing in this Article shall be deemed to limit the owner, occupant or lessee
of a public place, or a place of employment to further prohibit smoking by
designating outdoor areas not subject to the restrictions in this Article as a place
where smoking is also prohibited, provided that the owner, occupant or lessee shall
cause signs to be posted at appropriate locations advising persons that smoking is
prohibited within the designated outdoor area.
Sec. 6-41. No Retaliation. No person, business or employer shall discharge, refuse
to hire, or in any manner retaliate against an employee or customer because that
employee or customer reports a violation of this Article or exercises any rights
afforded by this Article.
Sec. 6-42. Signs.
(A) Each owner, lessor, lessee, employer, or other person in control of a
public place shall post conspicuous "No Smoking" signs in the
enclosed area of any public place where smoking is prohibited. Such
"No Smoking" signs shall have a white field with the words "No
Smoking" printed in red letters, four inches high with a one-half inch
face, or shall bear the international "No Smoking" symbol, which
consists of a pictorial representation of a cigarette enclosed in a circle
with a bar across it. It shall be unlawful for any person to remove,
deface or obscure any sign posted pursuant to the provisions of this
ordinance.
(B) Each owner, lessor, lessee, employer or other person in control of a
public park or recreation area, or of a school ground, shall cause signs
to be posted at appropriate locations advising persons that smoking is
prohibited within the park, recreation area or school ground.
Sec. 6-43. Exemptions.
[Reserved]
Sec. 6-44. Penalties.
Any person who violates Sections 6-35, 6-36, 6-37, 6-38, 6-39, 6-41 or 6-42
of this Article, shall be fined not less than $100 nor more than $500 for each and
-7-
every offense; provided that each day a violation continues shall constitute a separate
offense.
Sec. 6-45. Severability.
If any provision or part of this Article or application thereof to any person or
circumstance is held to be invalid, the remainder of the Article and the application of
the provision or part thereof to other persons not similarly situated or to other
circumstances shall not be affected thereby.
Sec. 6-46. Effective Date.
The prohibitions stated in this Ordinance shall be effective on March 1, 2006.
All premises affected by this ordinance that are in existence on the approval date
hereof shall cause such signs to be posted in a conspicuous location within the public
place or place of employment on or before March 1,2006. All premises affected by
this ordinance that are established subsequent to the approval date hereof shall cause
such signs to be so posted as a condition to obtaining applicable business licensing.
SECTION 3: HOME RULE ENACTMENT. That this Ordinance, and each of its terms,
shall be the effective legislative act of a home rule municipality without regard to whether such
Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non-
preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to
municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield
that to the extent that the terms of this Ordinance should be inconsistent with any non-preemptive
state law, this Ordinance shall supersede state law in that regard within its jurisdiction.
-8-
SECTION 4: EFFECTIVE DATE. That this Ordinance shall be in full force and effect on
January 1,2006, from and after its passage, approval and publication in pamphlet form as provided
by law.
PASSED this
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this
ATTEST:
day of
,2005.
day of
,2005.
Village Clerk
Village President
-9-
E'-K "(2..cV' fir
ORDINANCE NO.
AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF
ELK GROVE VILLAGE BY ENACTING REGULATIONS PERTAINING TO
SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
WHEREAS, the Elk Grove Village Board of Health; the Judiciary, Planning and
Zoning Committee and the Village Board have held public meetings with respect to
considering the adoption of regulations for smoking in public places and in places of
employment; and
WHEREAS, as a result of said meetings, and information submitted to the Mayor
and Board of Trustees concerning health matters related to smoking and secondhand
smoke, the Mayor and Board of Trustees find as follows:
1. Tobacco smoke is a major contributor to indoor air pollution and
that breathing secondhand smoke is a cause of disease in healthy
non-smokers.
2. Secondhand smoke contains over 4,000 chemical compounds and
produces known poisons such as carbon monoxide, arsenic, hydrogen
cyanide, benzine, and formaldehyde.
3. The US Environmental Protection Agency classifies secondhand
smoke as a "Class A Carcinogen".
4. Secondhand smoke is the third leading cause of preventable death in
America and causes cancer, stroke, heart disease, srDS and asthma.
5. Secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease and individuals with impaired
respiratory functions.
6. Employees who work in a smoke-filled business suffer a 25 - 50%
higher risk of heart attack and higher rates of death from cardio-
vascular disease and cancer.
7. Children exposed to secondhand smoke have an increased risk of
asthma, respiratory infections and cancer; and
WHEREAS, as a result of the above findings as well as testimony from doctors
who have treated patients who have suffered from the affects of secondhand smoke, the
Mayor and Board of Trustees have determined that regulations are necessary to prohibit
smoking in public places and in work places to protect the health, safety and welfare of
Village residents and others who would otherwise be subject to the dangers of second-
hand smoke.
I
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That the foregoing recitals are incorporated herein as the findings of
the Mayor and Board of Trustees of the Village of Elk Grove Village.
Section 2: That Title 4 Public Health of the Village Code be and the same is
hereby amended by adding the following Chapter 7 entitled "Smoke Free Air
Regulations" .
Chapter 7 - Smoke Free Air Regulations
4-7 -1 Purpose It has been determined and the Village hereby finds that smoking
and the resultant secondhand smoke can have a deleterious effect on the health and
welfare of those in the vicinity where such smoking occurs. Secondhand smoke has been
deemed a Class A Carcinogen which produces substances such as carbon monoxide,
hydrogen cyanide and other substances considered hazardous and dangerous to
individual's health. As a result, the Village has determined that it is necessary and
desirable to establish regulations that prohibit smoking in certain hereinafter designated
areas.
4-7-2 Definitions
A. "Business" means any sole proprietorship, partnership, joint venture,
corporation, association or other business entity, whether formed for
profit or non-profit purposes and shall include clubs as herein defined.
B. "Club" means a private not-for-profit association, corporation or
other entity consisting of persons who are bona fide paying members
and which owns, leases or uses a building or portion thereof, the use
of which is restricted primarily to members and their guests.
C. "Employer" means any business that employs one or more employees.
D. "Enclosed area" means all space in any structure or building that is in
enclosed on all sides by any combination of walls, windows, or
doorways, extending from floor to ceiling and in addition, shall include,
without limitation, lobbies, hallways, reception areas, restrooms,
elevators and staircases.
E. "Open Air Dining Area" means a seating area open to the air that
is accessory to a restaurant, hotel, cafeteria, private club or other public
place engaged in purveying commercial food or beverage service where
2
members of the public, members or guests are invited to sit and
receive food and beverage service for a consideration.
F. "Place of employment" means an area under the control of a
public or private employer within the Village that employees normally
frequent during the course of employment, and includes, without
limitation, common work areas, private offices, auditoriums,
classrooms, conference and meeting rooms, cafeterias, elevators,
employee lounges, staircases, hallways and restrooms. Place of
employment does not include a private dwelling unit unless the
dwelling is also used as a daycare facility.
G. "Park" means a public park or recreation area that is open to and
used by the general public.
H. "Public Entrance" means the main doorway or other entrance to a public
place that is open to and intended for use by the general public for
ingress and egress to the public place.
"Public Entrance" also means a doorway or other entrance for
pedestrian ingress and egress to a place of employment: (i.) that is
open to and intended for use by the general public or business
invitee's ingress and egress to the place of employment and/or; (ii.)
where employees are required or permitted to enter or exit the
place of employment.
I. "Public place" means any industrial, business, or commercial area that is
open to and used by the general public, or any area to which the
public is invited or in which the public is permitted, and any common
or public area (including without limitation, lobbies, hallways,
reception areas, public restrooms, elevators and staircases) of
residential facilities such as apartment buildings, condominiums,
dormitory buildings, nursing home care facilities, and other multiple
family residential structures and nursing home and long term care
facilities, including the living units located therein.
"Public place" shall also mean any common or public areas as defined
herein of governmental, and educational and service related facilities
including, without limitation, office buildings, banks and financial
institutions, educational institutions, health care facilities such as
hospitals, clinics and doctors offices, museums, libraries, restaurants
(except outdoor dining areas located beyond ten feet ofthe main public
entrance), polling places, government and Village owned buildings,
food stores, cafeterias, theaters, auditoriums, train and bus stations,
hotels, motels, and other retail and service establishments provided that,
a public place shall not include hotel or motel rooms designated as
3
smoking, provided that no more than 20% of the available rooms for
rent in any single building shall be designated as smoking rooms.
J. "Smoke" or "smoking" means inhaling, exhaling, burning, or
carrying any lighted cigar, cigarette, pipe, or other lighted tobacco
product in any manner or form.
4-7-3 Smoking in Enclosed Public Places Prohibited
A. It is unlawful for any individual to smoke in any enclosed area of any
public place.
B. It shall be unlawful for the owner, occupant or lessee, as the case may be,
in control of a public place to knowingly permit smoking in any enclosed
area in a public place.
4-7-4 Regulations in Unenclosed Public Places and Outdoor Venues
A. It is unlawful to smoke in the following unenclosed public places:
(1) The seating areas of all outdoor arenas, stadiums and
amphitheaters.
(2) The playground area and established seating areas of public parks
and recreation areas.
(3) School grounds.
(4) Public sidewalks within ten (10) feet of a public entrance, but
excluding any person who is temporarily in such area for the
purpose of walking or traversing through such area.
(5) The public right-of-way (sidewalk to sidewalk) along the routes
of special events including the annual Village Parade and
the Village's International Bike Race.
B. It is unlawful to smoke in or within ten (10) feet of an outdoor venue
during the time that an outdoor event is taking place.
c. Rotary Fest/Carnival Regulations:
(1) Smoking shall be permitted in certain designated areas in an
area covered by a tent provided that the smoking area shall
not exceed 50% of the total area covered by the tent.
(2) Smoking shall be permitted in certain restricted outside areas
adjacent to the tent facility as approved by the Village.
(3) Smoking shall be prohibited in the carnival area.
4
4-7-5 Smoking in Places of Employment Prohibited
A. It is unlawful to smoke in any enclosed area of any place of employment.
B. It shall be unlawful for any employer to knowingly permit smoking
in any enclosed area of any place of employment.
4-7-6 Smoking at Public Entrances Prohibited
It is unlawful to smoke within ten (10) feet of a public entrance to a
public place or to a place of employment.
4-7-7 Signs
A. Each owner, lessor, lessee, employer, or other person in control of
a public place shall post conspicuous "No Smoking" signs in the
enclosed area of any public place where smoking is prohibited. It shall
be unlawful for any person to remove, deface or obscure any sign
posted pursuant to the provisions of this Section.
B. Each owner, lessor, lessee, employer or other person in control of a
public park or recreation area, or of a school ground, shall cause signs
to be posted at appropriate locations advising persons that smoking
is prohibited in certain locations within the park and recreation areas
and on school grounds.
4-7-8 Penalty
Any person, firm or corporation violating any of the provisions of this
Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor
more than five-hundred dollars ($500.00) for each offense, and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
In addition, any person, firm or corporation who violates any of the
provisions of this Chapter and who has a business license issued by the
Village, may be subject to having the license suspended or revoked by the
Mayor pursuant to Section 3-6B-6 if the license fails to comply with the
provisions of this Chapter.
Section 3: That this Ordinance, and each of its terms, shall consist of an effective
legislative act of a Home Rule Municipality and it is the intent of the Mayor and Board of
Trustees that to the extent that the terms of this Ordinance shall be inconsistent with any
non-preempted State Law, this Ordinance shall supercede State Law in that regard within its
jurisdiction.
5
Section 4: That this Ordinance shall be in full force and effect on March 1,2007,
from and after its passage, approval and publication in pamphlet form as provided by law,
and provided further that the definition of "Place of employment" as it relates to
employment of health regulations of in-house daycare facilities shall be in full force and
effect on June 1,2006.
Section 5: That the Village Clerk is hereby authorized to publish this Ordinance in
pamphlet form.
VOTE: AYES:
NAYS:
ABSENT:
PASSED this _day of
2006.
APPROVED this _day of
2006.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
PUBLISHED this
day of
2006 in pamphlet form.
Ordsmokingbancorrect
6
e:"~~"T"~
6/29/04,6/7/04,6/3/04
63-0-04
AN ORDINANCE
Amending Chapter 21 of Title 8
of the Evanston City Code
Pertaining to Indoor Clean Air
WHEREAS, the City of Evanston currently has an Indoor Clean Air Act
codified in Chapter 21 of Title 8 of the Evanston City Code; and
WHEREAS, the Human Services Committee has recommended that said
Act be amended, specifically as to prohibiting smoking in places of employment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 8-21-3 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said Section in its entirety and
substituting in lieu thereof the following new Section:
8-21-3:
PROHIBITION OF SMOKING IN PUBLIC PLACES:
(A) Smoking shall be prohibited in all enclosed public places within the City,
including but not limited to, the following places.
(1) Elevators:
(2) Ticket, boarding, and waiting areas of public transit depots.:.
(3) Restrooms.
(4) Any service line in any establishment or portion thereof.
(5) Retail stores, except all areas within retail tobacco stores.
(6) All areas available to, and customarily used by, the general public in all
businesses and nonprofit entities patronized by the public including but not
limited to, attorneys' offices and other offices, banks, hotels, and motels.
63-0-04
(7) Galleries, libraries, and museums.
(8) Any building not open to the sky which is primarily used for, or designed
for the primary purpose of, exhibiting any motion picture, stage play, drama,
lecture, musical recital, or other similar performance, except when smoking is
part of a stage production.
(9) Sports arenas and convention halls.
(10) Every room, chamber, place of meeting or public assembly, including
those in school buildings, and including public meetings of boards, committees,
or agencies of the City or political subdivisions of the State.
(11) Health facilities, including, but not limited to, hospitals, clinics, physical
therapy facilities, doctors' offices, and dentists' offices. For purposes of this
Chapter, a facility licensed as a long term care facility shall not be considered a
health facility.
(12) Polling places.
(13) Governmental buildings where the public is invited, has access to, or must
visit in order to conduct business or to participate in programs or services offered
therein.
(8) Smoking is prohibited: (1) within twenty-five (25) feet of an area where
smoking is prohibited, and (2) any distance beyond twenty-five (25) feet of an
enclosed area where smoking is prohibited, so as to insure that tobacco smoke
does not enter the enclosed area through entrances, windows, ventilation
systems or other means.
(C) Notwithstanding any other provision of this Section, any owner, operator,
manager or other person who controls any establishment or facility described in
this Section may declare that entire establishment or facility as a nonsmoking
establishment.
SECTION 2: That Section 8-21-6 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said Section in its entirety and
substituting in lieu thereof the following new Section:
8-21-6:
PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT.
(A) This Section shall apply to places of employment employing one or more
employees.
-2-
63-0-04
(B) Smoking in all enclosed facilities at places of employment shall be
prohibited. This includes common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways, medical
facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed
facilities.
(C) Smoking is prohibited: (1) within twenty-five (25) feet of an area where
smoking is prohibited, and (2) any distance beyond twenty-five (25) feet of an
enclosed area where smoking is prohibited, so as to insure that tobacco smoke
does not enter the enclosed area through entrances, windows, ventilation
systems or other means.
(0) Each employer and place of employment shall adopt, implement, make
known and maintain a written smoking policy prohibiting smoking in all enclosed
places. This prohibition on smoking shall be communicated to all existing
employees and to all prospective employees upon their application for
employment.
SECTION 3: That Section 8-21-7 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said Section in its entirety and
substituting in lieu thereof the following new Section:
8-21-7:
WHERE SMOKING IS NOT REGULATED:
(A) Notwithstanding any other provision of this Chapter to the contrary, the
following areas shall not be subject to the smoking restrictions of this Chapter:
(1) Bars.
(2) Private residences, except when used as a child day care home.
(3) Hotel and motel rooms rented to guests.
(4) Retail tobacco shops.
(5) Restaurants, hotel and motel conference or meeting rooms and private
assembly rooms while these places are being used for private functions.
(6) Establishments which devote all or part of their space on a full or part-time
basis to meetings or activities the primary purpose of which is therapy for
alcoholism, other types of substance abuse, and the like, during such time and in
that portion of the premises where such meetings or activities are being
conducted.
-3-
63-0-04
(7) Long term care facilities.
(8) Restaurants which seat fewer than forty (40) persons.
(9) Apartment and condominium buildings except for common areas.
(8) Notwithstanding any other provisions of this Section, any owner, operator,
manager, or other person who controls any establishment described in this
Section may declare that establishment as a nonsmoking establishment.
SECTION 4: That Section 8-21-10 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said Section in its entirety and
substituting in lieu thereof the following new Section:
8-21-10:
VIOLATIONS AND PENALTIES:
(A) It shall be unlawful for any person who owns, operates, or otherwise
controls any premises subject to regulation under this Chapter to fail to comply
with any of its provisions.
(8) It shall be unlawful for any person to smoke in any area where smoking is
prohibited by the provisions of this Chapter.
(C) Any person who violates any provision of this Chapter shall be guilty of an
infraction, punished by:
(1) A minimum fine of one hundred dollars ($100.00) for a first violation.
(2) A minimum fine of two hundred dollars ($200.00) for a second violation of
this Chapter in one year.
(3) A minimum fine of five hundred dollars ($500.00) for each additional
violation of this Chapter in one year.
SECTION 4: Severability. If any Section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, that invalidity shall not affect the other
provisions of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
-4-
63-0-04
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: This Ordinance shall be in full force and effect from and after
its approval in the manner provided by law.
Introduced:
Adopted:
,2004
,2004
Approved:
,2004
Lorraine H. Morton, Mayor
Attest:
Mary P. Morris, City Clerk
Approved as to form:
Corporation Counsel
-5-
\.1'~UrUb ~"
AN ORDINANCE AMENDING CHAPTER 1 00 OF
"THE HIGHLAND PARK CODE OF 1968," AS AMENDED,
CONCERNING A BAN OF SMOKING
WHEREAS, Chapter 100 of the Highland Park Code of 1968, as amended ("City
Code"), currently regulates smoking within the City by restricting to designated smoking
areas smoking in enclosed public places and at public meetings; and
WHEREAS, after careful and considerable research, discussion, and debate, and
after review and consideration of the testimony and written materials presented at public
meetings and public hearings by residents and other interested parties, the City Council
determined that amending the City Code to completely ban smoking in all enclosed public
places and places of employment, and within 25 feet of places where smoking is prohibited,
would better protect the public from the well documented health and environmental
hazards and injuries caused by smoking and the effects of secondhand smoke; and
WHEREAS, the City Council has determined that the adoption of a smoking ban as
set forth in this Ordinance is in the best interests of the City and its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HIGHLAND PARK, LAKE COUNTY, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated herein as the findings of
the City Council.
SECTION TWO: SMOKING REGULATIONS. Chapter 100, entitled "Smoking Regulations," of
Title IX, entitled "General Regulations," of ''The Highland Park City Code of 1968," as amended,
shall be, and it is hereby, repealed in its entirety and replaced with a new Chapter 100, which
new Chapter 100 shall hereafter be and read as follows:
100.001
100.005
100.010
100.015
100.016
100.017
100.020
100.025
100.030
100.035
100.040
CHAPTER 100: SMOKING REGULATIONS
Background
Purpose
Definitions
Prohibition in Public Places
Prohibition in Places of Employment
Prohibition Within 25 Feet of Prohibited Areas
Designation of Other No-Smoking Areas
Signs
Penalties
Severability
Effective Date
Sec. 100.001 Backqround.
Smoking creates the hazard of injury to the personal health of those in the
environment of such smoke as well as the potential damage to property that may
result from the combustible nature of such substance. It has been determined
that breathing ambient smoke in an enclosed area is a health hazard to both
smokers and nonsmokers. Cigarette smoking also produces several substances
that are considered hazardous to health including carbon monoxide, hydrogen
cyanide, nitrous oxide and formaldehyde. Secondhand smoke (68% of the total
smoke produced by a cigarette) affects the health of the bystander, interfering
with respiratory tract defenses, often causing nonsmokers to have allergic or
irritative reactions, and is a known cause of lung cancer.
Because the hazards of smoking have a potentially harmful effect,
material and direct, on the public health, safety, welfare, comfort, and property of
residents of the City, it is, therefore, necessary and desirable to establish
regulations that prohibit smoking in all enclosed public places, in all places of
employment, and within the area generally surrounding the areas within which
smoking is prohibited.
Sec. 100.005 Purpose.
This ordinance may be cited as the "Highland Park Smoking Ban
Ordinance," the purpose of which is to protect the public health, comfort and
environment by prohibiting smoking in all public places and places of
employment, and surrounding areas, in order to ensure that nonsmokers may
breathe air free from the hazardous effects of secondhand smoke.
Sec. 100.010 Definitions.
For purposes of this Chapter, the following terms shall have the following
meanings:
(A) "Employee" means any person who is employed by a business, and
shall include the owner or operator of a sole proprietorship or other
similar business entity.
(B) "Employer" means any business that employs one or more
employees.
(C) "Enclosed area" means all space in any structure or building that is
enclosed on all sides by any combination of walls, windows, or
doorways, extending from floor to the ceiling.
(D) "Place of employment" means any enclosed area of a business within
the City where one or more employees are required or permitted by
an employer to work in the course of their employment, and includes,
without limitation, common work areas, private offices, auditoriums,
classrooms, conference and meeting rooms, cafeterias, elevators,
employee lounges, stairs, hallways, restrooms, medical facilities,
private clubs, and the interior of a vehicle of public conveyance. A
"place of employment" does not include a private dwelling unit, unless
the dwelling is also used as a day care facility for children or adults;
provided that rooms in nursing homes or long-term care facilities
occupied by one or more persons who have requested in writing a
room where smoking is permitted shall be considered private dwelling
units.
2
(E) "Public place" means any area that is open to and used by the
general public, or any area to which the public is invited or in which
the public is permitted, including without limitation:
(1) vehicles of public conveyance;
(2) common or public areas (including without limitation lobbies,
hallways, reception areas, public restrooms, and elevators) of apartment
buildings, condominiums, dormitory buildings, nursing home care
facilities, and other multiple family residential structures;
(3) common or public areas (including without limitation lobbies,
hallways, reception areas, public restrooms, and elevators) of any
building or structure that is accessible to the public including without
limitation office, commercial, and industrial buildings, banks and financial
institutions, educational institutions, health care facilities such as
hospitals, clinics and doctor's offices, museums, libraries, restaurants,
polling places, government and City-owned buildings, food stores,
cafeterias, theaters, auditoriums, train and bus stations, hotels, motels,
and retail and service establishments;
(4) rooms, chambers, halls, or other locations within which
meetings, hearings, or gatherings are held, to which the public is invited
or in which the public is permitted, including specifically, but without
limitation, any enclosed area under the control of the City of Highland
Park where there is in progress any public meeting.
"Public place" shall not include:
(1) a private dwelling unit, unless said dwelling is also used as a
day care facility for children or adults; provided that rooms in nursing
homes or long-term care facilities occupied by one or more persons who
have requested in writing a room where smoking is permitted shall be
considered private dwelling units; or
(2) hotel or motel rooms designated as smoking, provided that no
more than 20% of the available rooms for rent in any single building shall
be designated as smoking rooms.
(F) "Smoke" or "smoking" means inhaling, exhaling, burning, or carrying
a lighted cigar, cigarette, pipe, or other combustible substance in any
manner or in any form.
Sec. 100.015 Prohibition in Public Places.
Smoking shall be prohibited in any enclosed area of any public place. It
shall be unlawful for the owner, occupant or lessee, as the case may be, in
control of a public place to knowingly permit smoking in any enclosed area in a
public place.
Sec. 100.016 Prohibition in Places of Employment.
3
Smoking shall be prohibited in any enclosed area of any place of
employment. It shall be unlawful for any employer to knowingly permit smoking
in any enclosed area of any place of employment. Each employer shall adopt,
implement, make known and maintain a written policy p-ohibiting smoking in all
enclosed areas of places of employment. This policy shall be communicated to
all existing employees and to all prospective employees upon their application for
employment.
Sec. 100.017 Prohibition Within 25 Feet of Prohibited Preas.
Smoking shall be prohibited within an outdoor area that is located within
twenty-five (25) feet of any enclosed area within which smoking is prohibited, so
as to insure that ambient smoke does not enter the prohibited area through
doors, windows, ventilation systems, or other means. It shall be unlawful for any
person to gather or congregate for any extended period of time for the purpose of
smoking in an area that is located within twenty-five (25) feet of any enclosed
area within which smoking is prohibited.
Sec. 100.020 Desiqnation of Other No-Smokinq Areas.
Nothing in this Chapter shall be deemed to limit the owner, occupant or
lessee of a public place or a place of employment to further prohibit smoking by
designating outdoor areas not subject to the restrictions in Section 100.015 as a
place where smoking is also prohibited, provided the owner, occupant or lessee
conspicuously posts signs wherever smoking is prohibited in the same manner
set forth in Section 100.025 of this Chapter.
Sec. 100.025 Siqns.
Each owner, lessor, lessee, employer, or other person in control of a
public place shall post conspicuous "No Smoking" signs in the enclosed area of
any public place where smoking in prohibited. Such "No Smoking" signs shall
have a white field with the words "No Smoking" printed in red letters, four inches
high with a one-half inch face, or shall bear the international "No Smoking"
symbol, which consists of a pictorial representation of a cigarette enclosed in a
circle with a bar across it. It shall be unlawful for any person to remove, deface
or obscure any sign posted pursuant to the provisions of this ordinance.
Sec. 100.030 Penalties.
(A) Any person who violates Sections 100.015, 100.016, 100.017
and/or 100.025 of this Chapter, shall be shall be fined not less than $50 nor more
than $500 for each and every offense; provided that each day a violation
continues shall constitute a separate offense.
(8) Violation notices for violations of this Chapter shall be issued,
served, and resolved in accordance with the Administrative Hearing System
established pursuant to Chapter 38 of this Code.
Sec. 100.035 Severabilitv.
If any provision or part of this Chapter or application thereof to any person
or circumstance is held to be invalid, the remainder of the Chapter and the
application of the provision or part thereof to other persons not similarly situated
or to other circumstances shall not be affected thereby.
4
Sec. 100.040 Effective date.
All premises affected by this ordinance which are in existence on the
approval date hereof shall cause such signs to be posted in a conspicuous
location within the public place on or before June 1, 2005. All premises affected
by this ordinance which are established subsequent to the approval date hereof
shall cause such signs to be so posted as a condition to obtaining applicable
business licensing.
SECTION THREE: PUBLICATION. The City Clerk shall be, and is hereby, directed to
publish this Ordinance in pamphlet form pursuant to the statutes of the State of Illinois.
SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED:
APPROVED:
PUBLISHED IN PAMPHLET FORM:
ORDINANCE NO.
Michael D. Belsky, Mayor
ATTEST:
Shirley Fitzgerald, City Clerk
# 2781369_v3
5
-p~~ t2.. btqe
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARK RIDGE
AMENDING ARTICLE 5, CHAPTER 17 OF THE
MUNICIPAL CODE OF PARK RIDGE
BE IT ORDAINED by the City Council of the City of Park Ridge, Cook County,
Illinois, pursuant to its home rule authority provided under Article VII of the Illinois
Constitution of 1970 as follows:
SECTION 1: A new Chapter 17 entitled "Smoking" of Article 5, "Health" of the
Municipal Code of Park Ridge shall be inserted and shall read as follows:
5-17 -1
DEFINITIONS
Enclosed Area: Any space between a floor and ceiling that is enclosed on all sides
by any combination of solid walls, windows and/or doorways, including but not limited to,
underground parking garages, elevators, and public buses, taxis and other vehicles of
public conveyance licensed by the City or operating solely within the City boundaries.
General Public Event: An event to which all persons willing to attend or pay the price of
admission are invited, in contrast to a private party event for which invitations have been
extended only to specific persons.
Private Banquet Hall Space: Any Enclosed Area in a banquet hall facility generally
rented to a person or persons for the purpose of holding a private party, gathering, or
other social function to which the lessee has invited specific persons. Private Banquet
Hall Space shall not include hallways, lobbies, restrooms, or other common areas within
the banquet hall facility.
Private Club: An organization, whether incorporated or not, which is the owner, lessee or
occupant of a building or a portion of a building and meets the following criteria: (1)
operated solely for a recreational, fraternal or social purpose and not for monetary gain;
(2) has a membership of more than 200 bona fide persons who pay dues on an annual or
other periodic basis; (3) whose affairs and management are conducted by a board of
directors, executive committee, or similar body chosen by the membership at an annual
meeting; and (4) whose building is generally used for club purposes only.
Private Dwellinq Unit Space: Any enclosed area intended for and used as actual living
space, including but not limited to homes, apartments, retirement home, group homes
and nursing home living quarters. Private Dwelling Unit Space shall not include
hallways, lobbies or other common areas within an apartment building, retirement home
group home or nursing home.
Smokinq: The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette,
pipe or other similar object.
iManage 167183 2
5-17 -2
EXCEPTIONS
The following Enclosed Areas are not subject to this Chapter 17 except as stated
below:
A. Private Dwelling Unit Space, unless the Private Dwelling Unit Space is
used as a licensed childcare, adult care or health care facility; and
B. Retail tobacco stores utilized primarily for the sale of tobacco products and
accessories.
C. Private Banquet Hall Space, except for any Enclosed Area at such time as
that Enclosed Area is being used for a General Public Event.
D. Private Clubs except for any Enclosed Area at such time as that Enclosed
Area is being used for a General Public Event.
Commencing on July 1, 2008, Private Banquet Hall Spaces (C above) and
Private Clubs (0 above) shall be subject to this Chapter 17.
5-17 - 3
SMOKING PROHIBITED
No person shall smoke in any Enclosed Area. No owner, operator or person in control
of an Enclosed Area shall permit smoking in that Enclosed Area.
5-17 - 4
SMOKING AREAS
No Smoking shall be permitted within fifteen (15') feet of a door or window to any
Enclosed Area where Smoking is not permitted or within fifteen (15') feet of a ventilation
air intake to any building.
5-17-5
RETALIATION PROHIBITED
No person or employer may discharge, refuse to hire or in any manner retaliate against
or discriminate against an employee, applicant for employment or customer because
that employee, applicant or customer reports or attempts to prosecute a violation of this
Chapter. In addition to other remedies, violations of this Section 5-17-5 shall be
reported to the City of Park Ridge Human Relations Commission.
5-17-6
RIGHT TO DECLARE PREMISES NON-SMOKING
Notwithstanding any other provision of this Chapter, an owner, manager or other person
in control of a building or an establishment, facility or outdoor area may declare that
entire building, establishment, facility or outdoor area as a nonsmoking area by posting
assign indicating "No Smoking" and no person shall smoke in any such place. If such a
nonsmoking declaration is made, any violator shall be subject to the penalties set forth
in Section 5-17-7.
5-17 -7 PENAL TV
iManage 1671832
Any person violating any provision of this Chapter shall be subject to a fine as set forth
in Article 5, Section 16 of the Park Ridge Municipal Code.
BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect
on the 61 st day after it is signed by the Mayor, except that for enclosed areas with a
liquor license that permits a lounge or bar area, this Ordinance shall be in full force and
effect on the 181 st day after it is signed by the Mayor.
BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to
publish this Ordinance in pamphlet form in accordance with State law.
ADOPTED by the City Council of the City of Park Ridge, Cook County, Illinois,
this day of 2006.
VOTE:
AYES:
NAYS:
ABSENT:
Approved by me this _ day of
2006.
Mayor
ATTEST:
City Clerk
A certified copy of this Ordinance was published in pamphlet form by me this
_ day of
,2006.
City Clerk
iManage 167183 2
ARTICLE III. SMOKING IN PUBLIC PLACES*
Page 1 of 6
~b~\€
ARTICLE III. SMOKING IN PUBLIC PLACES*
*Cross references: Smoking in places of amusement, 9 14-38; sale of tobacco products to underage
persons, 9 26-276; streets, sidewalks and other public places, ch. 90.
State law references: Clean Indoor Air Act, 410 ILCS 80/1 et seq.
Sec. 54-61. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Bar means an establishment which is devoted to the serving of alcoholic beverages for consumption
by guests on the premises and in which the serving of food is only incidental to the consumption of such
beverages, including but not limited to, taverns, nightclubs, and cabarets.
For purposes of this article, an establishment is a bar if the sales of food consumed on-premises is
twenty-five (25) percent or less of the gross sales from all food and beverages consumed on-premises.
Bar area of a restaurant means the area of a restaurant in which there is a physical bar primarily used
to serve alcoholic beverages to patrons and includes tables or floor space that may be adjacent to said
physical bar. Food may be served in the bar area of a restaurant. For the purposes of this definition, "physical
bar" or "Bar area" as used in this definition does not have the same meaning as "Bar" as defined above.
Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity
formed for profit-making purposes, including retail establishments where goods or services are sold as well as
professional corporations and other entities where legal, medical, dental, engineering, architectural, or other
professional services are delivered.
Dining area means any enclosed area containing a counter or tables upon which meals are served.
Employee means any person who is employed by any employer in consideration for direct or indirect
monetary wages or profit, and any person who volunteers such person's services for a nonprofit entity.
Employer means any person, business, association, trust, limited liability company, limited liability
partnership, general or limited partnership, corporation, or other entity, including, but not limited to, a municipal
corporation, or nonprofit entity that employs the services of 1 or more individual persons.
Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid
walls or windows (exclusive of doors or passageways) which extends from the floor to the ceiling.
Health Care Facility means an office or institution providing care or treatment of diseases, whether
physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not
limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes,
homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists,
physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms,
hallways, private rooms, semiprivate rooms, and wards within health care facilities.
Place of employment means any enclosed area under the control of a public or private employer that
employees normally frequent during the course of employment, including but not limited to work areas,
employee lounges and restrooms, conference rooms and employee cafeterias and hallways. A private
residence is not a place of employment unless it is used as a child care facility.
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Private fnction means a gathering of persons for the purpose of deliberation, education, instruction,
entertainment, amusement, or dining, where membership or specific invitation is a prerequisite to entry and
where the event is not intended to be open to the public.
Public place means any enclosed area to which the public is invited or in which the public is permitted,
including but not limited to: (i) banks, educational facilities, health care facilities, laundromats, public
transportation facilities, reception areas, restaurants, retail food production and marketing establishments,
retail service establishments, retail stores, convention facilities, bingo facilities, aquariums, galleries, libraries,
museums, shopping malls, elevators, polling places, convention facilities, sports arenas, school buildings,
theaters and waiting rooms; (ii) room chambers, places of meeting or public assembly; (Hi) lobbies, hallways
and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes and other
multiple residential facilities; (iv) restrooms, lobbies, reception areas, hallways and other common areas; (v)
public buses, taxis and vehicles of public conveyance, licensed by the Village or operating solely within the
Village boundaries; and (vi) facilities primarily used for exhibiting a motion picture, stage, drama, lecture,
musical recital or other similar performance. A private residence is not a public place unless it is used as a
childcare, adult day care, or health care facility.
Restaurant means any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private
and public school cafeteria or eating establishment, and any other eating establishment, organization, club,
including veterans' club, boardinghouse, or guesthouse, which gives or offers for sale food to the public,
guests, patrons or employees, as well as kitchens in which food is prepared on the premises for serving
elsewhere, including catering facilities.
Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and
accessories and in which the sale of other products is merely incidental.
Service line means an indoor line in which one (1) or more persons are waiting for or receiving service
of any kind, whether or not the service involves the exchange of money.
Shopping mall means an enclosed area used for the sale of goods or services and any public walkway
or hall area that serves to connect retail or professional establishments.
Smoking means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant or
other combustible substance in any manner or in any form.
Sports arena means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming
pools, roller and ice rinks, and other similar places where members of the general public assemble to engage
in physical exercise, participate in athletic competition, or witness sports or other events.
Work area means the immediate area in which an employee spends the majority of the workday.
(Code 1979, S 55.271; Ord. No. 03-7-C-3188, S 2, 7-7-2003; Ord. No. 04-7-C-3289, S 1, 7-19-2004)
Cross references: Definitions generally, S 1-2.
Sec. 54-62. Penalties.
Any person or entity who violates any provision of this Article shall be subject to the penalties provided
in Section 1-6, Chapter 1 of the Skokie Village Code. In addition to the penalties and fines established in
Section 1-6, a violation of this article by any employer, or any person or entity that owns, manages, operates or
otherwise controls a place of employment, public place, shopping mall, sports arena, restaurant or health care
facility, may result in the suspension or revocation of any permit or license issued for the premises on which
the violation occurred, pursuant to the procedures established in Chapter 26, Division 2, Sections 26-1397
through 26-1399, of the Skokie Village Code.
(Code 1979, S 55.276; Ord. No. 00-10-C-2947, S 8(55.38),10-16-2000; Ord. No. 03-7-C-3188, S 2, 7-7-2003)
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ARTICLE III. SMOKING IN PUBLIC PLACES*
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Sec. 54-63. Notice of violation.
Whenever any person violates any provision of this article, such person shall be served with a violation
notice providing for an opportunity to appear before the Administrative Hearing Officer for administrative
adjudication pursuant to Chapter 2 of the Skokie Village Code, or, if appropriate, in court to answer the charge
of such violation.
(Ord. No. 00-10-C-2947, 98(55.38),10-16-2000; Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-64. Stipulated settlements.
The Village Manager or designee is authorized to accept the amounts specified in Section 1-7 in
settlement for violations of the specified Code sections and to establish settlement dates for each such
violation. For violations where a showing of compliance is applicable, settlement as provided for this section
shall only be authorized upon a showing of compliance.
(Ord. No. 00-10-C-2947, 98(55.38),10-16-2000; Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-65. Authority to establish additional regulations.
The Village Manager is authorized to establish rules, regulations and procedures for the implementation
of this article.
(Code 1979,955.275; Ord. No. 03-7-C-3188, S 2,7-7-2003)
Sec. 54-66. Smoking prohibited in enclosed public places.
(a) Smoking shall be prohibited in all public places.
(b) Smoking in the following public places may be permitted:
(1) Bars.
(2) Private residences (except when used as a child care facility, adult day care or health care
facility) .
(3) Retail tobacco stores.
(4) Bowling alleys. In the event a bowling alley decides to host a tournament, party or other
event or occasion whereby persons under the age of eighteen (18) years of age are invited or
allowed to attend without the attendance of their parents or legal guardians, then the bowling
alley must: (i) maintain a total smoking ban for its entire premises, including any area that
serves alcoholic beverages, throughout the duration of the tournament, party or other event or
occasion and until such time as all persons under the age of eighteen (18) years of age have
left the premises; and (ii) ensure that no smoking has taken place in the premises for at least
three hours prior to the tournament, party or other event or occasion.
(5) Hotel and motel rooms that are rented to guests and are designated as smoking rooms and
have completely separate heating, ventilation and air conditioning systems that prevent the
infiltration of environmental tobacco smoke into nonsmoking rooms or other areas where
smoking is prohibited.
(6) Restaurant, hotel and motel conference or meeting rooms, and public and private assembly
rooms when these places are being used for private functions; provided that smoke does not
infiltrate into areas where smoking is prohibited.
(7) Private and semi-private rooms in nursing homes and long-term care facilities that are
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ARTICLE III. SMOKING IN PUBLIC PLACES*
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occupied by one or more persons, all of whom are smokers and have requested in writing to be
placed in a room where smoking is permitted.
(8) Outdoor area of places of employment except those covered by Section 54-69 of this
Article.
(9) When smoking is part of a theatrical production.
(10) Bar area of a restaurant, subject to the conditions in this Section 54-66(b)(1 O)(i)-(vi):
(i) The restaurant must have a physical bar where alcoholic beverages are served for
immediate consumption.
(ii) The physical bar and the area adjacent to it shall be separated from the nonsmoking
areas of the restaurant by a floor-to-ceiling solid wall or other barrier that does not allow
smoke and other airborne particles to pass through to the nonsmoking area of the
restaurant. Entrances and exits between smoking and nonsmoking areas must remain
closed at all times except when in immediate use by a patron or employee.
(iii) The bar area of a restaurant shall have a heating, ventilation and air conditioning
("HV AC") system separate from the nonsmoking area of the restaurant.
(iv) The bar area of restaurant shall not include any common area of the premises to
which a nonsmoker may need access, including but not limited to entrances, exits,
waiting areas, restrooms and access routes thereto. A bar area of a restaurant may have
separate entrances, exits, waiting rooms and restrooms wherein smoking is allowed.
(v) The bar area of a restaurant shall not exceed 50% or more of the of the restaurant's
floor space available for use by the restaurant's patrons. For the purposes of calculating
the 50% threshold, a restaurant shall not include the kitchen, storage areas or other
areas not available to the public.
(vi) In the event a bar area of a restaurant is not in compliance with all of the conditions
stated in this Section 54-66(10)(i)-(vi) no later than July 7, 2004, then no smoking shall
be allowed in the bar area of a restaurant.
(c) Any bar, retail tobacco store, bowling alley or bar area of a restaurant where smoking is allowed
shall be clearly and conspicuously identified by signs that advise patrons that smoking is allowed on the
premises and warns that environmental tobacco smoke is dangerous to a person's health.
(d) A bar that does not prohibit smoking shall file reports with the Village Manager, certified by a
Certified Public Accountant, on a quarterly basis, together with such supporting information as may be
required by the Village Manager or designee. The reports shall specify the monthly and quarterly sales
of food consumed on-premises, and the gross sales of all food and beverages consumed on-premises,
and the ratio of such food sales to gross sales. In the event the total sales of food consumed on-
premises exceeds twenty-five (25) percent of the gross sales of food and beverages consumed on-
premises for a period of six (6) consecutive months, then such establishment shall no longer be
deemed to be a bar. A bar is not required to file the aforementioned reports if it serves food that is only:
(i) pre-packaged snack foods, Le. package is served directly to the customer or pre-packaged snack
foods from an approved source that are opened and served in bowls to customers; or (ii) provided from
a commercially approvedprocessing plant and requires no direct handling and preparation by the bar
staff .
(Code 1979, 955.272; Ord. No. 03-7-C-3188, 92,7-7-2003; Ord. No. 04-7-C-3289, 9 1,7-19-2004)
Sec. 54-67. Smoking prohibited in places of employment.
(a) This section shall apply to places of employment employing one or more employees.
(b) Smoking in all enclosed facilities at places of employment shall be prohibited. This includes
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common work areas, auditoriums, classrooms, conference and meeting rooms, private offices,
elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all
other enclosed facilities.
(c) Each employer and place of employment shall adopt, implement, make known and maintain a
written smoking policy, prohibiting smoking in all enclosed places. This prohibition on smoking shall be
communicated to all existing employees and to all prospective employees upon their application for
employment.
(d) All enclosed facilities, including buildings and vehicles owned, leased, or operated by the Village of
Skokie shall be subject to the provisions of this article.
(Code 1979, 955.273; Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-68. Posting of no smoking signs.
Signs indicating "No Smoking" shall be posted in all public places and all non-smoking areas,
including but not limited to places of employment, where smoking is prohibited. Every public place and
place of employment where smoking is prohibited by this Article shall have posted at every entrance or
vestibule a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking
paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner,
operator, manager, or other person having control of the area.
(Code 1979, 955.274; Ord. No. 03-7-C-3188, 92, 7-7-2003)
Sec. 54-69. Reasonable distance.
Smoking is prohibited within a reasonable distance of an enclosed area where smoking is prohibited, so
as to insure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation
systems, or other means.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-70. Declaration of establishment as nonsmoking.
Notwithstanding any other provision of this article, an owner, operator, manager, or other person in
control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor
area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the
requirements of Section 54-68 is posted.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-71. Retaliation prohibited.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee,
applicant for employment, or customer because that employee, applicant, or customer exercises any rights
afforded by this article or reports or attempts to prosecute a violation of this article.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-72. Enforcement.
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(a) This Article shall be enforced by the Village Manager or designee.
(b) Notice of the provisions of this Article shall be given to all applicants for a certificate of occupancy
or a business license in the Village of Skokie.
(c) Any citizen who desires to register a complaint under this Article may initiate enforcement with the
Village Manager or designee.
(d) The Public Health Department, Community Development Department, Fire Department, or their
designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for
compliance with this Article.
(e) Notwithstanding any other provision of this article, an employee or private citizen may bring legal
action to enforce this article.
(f) In addition to the remedies provided by the provisions of this section, the Village Manager or
designee, or any person aggrieved by the failure of the owner, operator, manager, or other person in
control of a public place or a place of employment to comply with the provisions of this article, may
apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-73. Public education.
The Department of Public Health or Village Manager shall engage in a continuing program to explain
and clarify the purposes and requirements of this article to citizens affected by it, and to guide owners,
operators, and managers in their compliance with it. The program may include publication of a brochure for
affected businesses and individuals explaining the provisions of this article.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-74. Minors not allowed.
No one under the age of eighteen (18) years of age shall enter, or shall be allowed to enter, any of the
public places listed in Section 54-66(b)(1), (3), (4), (6), (8) and (10) of this Article where smoking is allowed.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Sec. 54-75. Other applicable laws.
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by
other applicable laws.
(Ord. No. 03-7-C-3188, 92,7-7-2003)
Secs. 54-76--54-90. Reserved.
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~t.t~F\€L~
AN ORDINANCE AMENDING CHAPTER 95 OF THE 1988 CITY OF
SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY ADDING
ARTICLE XIV, THE SPRINGFIELD CLEAN INDOOR AIR ORDINANCE OF
2006, AS AMENDED.
WHEREAS, many health organizations have conducted studies that show
secondhand smoke can cause health problems in non-smokers; and
WHEREAS, secondhand smoke is particularly hazardous to elderly peopler
people with cardiovascular diseaser and individuals with impaired respiratory
function; and
WHEREAS, children exposed to secondhand smoke have an increased risk of
asthmar respiratory infectionsr sudden death syndromer developmental abnormalities
and cancer; and
WHEREAS, the City Council desires to promote public health while
simultaneously protecting the economic stability of the local business community;
and
WHEREASr Public Act 94-517, effective January 1, 2006, amends the Illinois
Clean Indoor Air Act, 410 ILCS 80/1 et seq., to allow municipalities to regulate
smoking in public places.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SPRINGFIELD, ILLINOIS:
Section 1: That the City Council of the City of Springfield, Illinois, hereby
amends Chapter 95 of the 1988 City of Springfield Code of Ordinances, as amended,
by adding Article XIV, attached hereto as Exhibit A.
Section 2: That the previous Article XIVr PenaltYr is renumbered as Article
XV.
Section 3: This ordinance shall become effective on September 17r 2006,
at 3:00 a.m.
PASSED:
, 2006
SIGNED:
, 2006
RECORDED:
, 2006
MAYOR
ATTEST:
Approved as to legal sufficiency:
CITY CLERK
Reauested bv: Mavor Timothv J. Davlin
I
Office of Corporation Counsel/Date
EXHIBIT A
ARTICLE XIV. THE SPRINGFIELD CLEAN INDOOR AIR ORDINANCE OF
2006.
~ 95.751
Title.
This Article shall be known as the Springfield Clean Indoor Air Ordinance of
2006.
~ 95.752
Interpretation With Other Laws.
Nothing in this Article overrides any existing elimination of smoking that is
already covered by fire code restrictions.
~ 95.753
Definitions.
The following words and phrases shall have the following meanings when
used in this Article:
"Employee" means any person who is employed by an employer in
consideration for direct or indirect monetary wages or profit.
"Employer" means any person, business, partnership, corporation or
association, including without limitation a municipal corporation, trust, or non-profit
entity that employs the services of more than two persons.
"Health Care Facility" means any office or institution providing care or
treatment of diseases, whether physical, mental, emotional or physiological,
including without limitation hospitals, rehabilitation hospitals or facilities, clinics,
nursing homes, homes for the chronically ill, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, dentists, and all specialists within
these professions. This definition shall include all waiting rooms, hallways, private
rooms, semi-private rooms and wards within health care facilities.
"Place of Employment" means any enclosed area under the control of a public
or private employer where employees are during the course of employment,
including but without limitation work areas, employee lounges, restrooms,
conference rooms, classrooms, employee cafeterias, hallways and vehicles. A
private residence is not a "Place of Employment" unless it is used as a childcare,
adult day care or health care facility.
"Public Place" means any enclosed indoor area to which the public is invited or
in which the public is permitted, including without limitation banks, bars, concert
facilities, educational facilities and government buildings to the extent the place is
subject to the jurisdiction of the City, health care facilities, laundromats, members-
only clubs or associations, museums, public transportation facilities, reception areas,
restaurants, retail service establishments, retail stores, shopping malls, sports
arenas, theatres, and zoos. A private residence is not a "Public Place" unless it is
used as a childcare, adult day care or health care facility.
2
"Retail Tobacco Store" means any retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is merely
incidental, does not hold a liquor license, and where no one under 18 is permitted.
"Smoking" means inhaling, exhaling, burning or carrying any lighted cigar,
cigarette or other lighted tobacco product in any manner or in any form.
~ 95.754 Prohibition of Smoking in Public Places and Places of
Employment.
Smoking shall be prohibited in public places and places of employment within
the City of Springfield, except as provided in section 95.756.
~ 95.755
Duty to Inform Employees of Smoking Prohibition.
Each employer, owner or manager whose place of employment is affected by
the prohibition of smoking set forth in this Article shall inform all existing employees
by the effective date of this Article and all prospective employees upon their
application for employment of the prohibition on smoking.
~ 95.756
Exemptions.
Notwithstanding any other prOVIsion of this Article to the contrary, the
following areas shall be exempt from the provisions of this Article:
(a) Private residences, except when used as a childcare, adult care facility
or health care facility.
(b) Private vehicles.
(c) Hotel and motel sleeping rooms that are rented to guests and are
designated as smoking rooms provided, however, that not more than
25 percent (25%) of the rooms rented to guests in a hotel or motel
may be so designated.
(d) Retail tobacco stores, provided that smoke from these places does not
infiltrate into areas where smoking is prohibited under the provisions
of this Article.
(e) Stage productions, ballets or similar exhibitions where a cast member
smokes as part of a performance.
(f) Private and semi-private rooms in nursing homes and long-term care
facilities that are occupied by one or more persons, all of whom are
smokers, and have requested, in writing, to be placed in a room where
smoking is permitted.
~ 95.757
Smoking.
Declaration of Establishments or Outdoor Areas as Non-
Notwithstanding any other prOVISion of this Article, an owner, operator,
manager or other person in control of an establishment, facility, or outdoor area may
declare that entire establishment, facility or outdoor area as a non-smoking place by
conforming to the requirements of section 95.758.
3
~ 95.758
Posting of Signs.
Every public place and place of employment where smoking is prohibited by
this Article shall have posted at all public and employee entrances a conspicuous sign
clearly stating that smoking is prohibited. Those public places where limited smoking
is allowed shall have posted at all public and employee entrances a conspicuous sign
clearly stating that smoking is allowed only in the following areas: (list of areas
where smoking is allowed in conformance with this Article).
Smoking shall be prohibited in any place in which a sign conforming to the
smoking prohibition requirements of this Article is posted.
~ 95.759
Removal/Restriction of Smoking Paraphernalia.
The owner, operator, manager or other person having control of an area
where the provisions of this Article prohibit smoking shall remove all ashtrays and
other smoking paraphernalia intended for use where smoking is prohibited. Such
smoking paraphernalia may be maintained in those restricted areas where smoking
is allowed.
~ 95.760
Non-retaliation.
No person or employer shall discharge, refuse to hire, or in any manner
retaliate against an employee, applicant for employment, or customer because that
employee, applicant or customer exercises any rights afforded by or reports a
violation of this Article. No employee or customer may in any manner retaliate
against an employer or business owner, operator, manager or employee because
that employer or place of business enforced the provisions of this Article.
~ 95.761
Enforcement.
(a) The applicable local health department shall enforce the provisions of
this Article.
(b) Notice of the provisions of this Article shall be given to all applicants
for a business license in the City of Springfield.
(c) Any person who desires to register a complaint under this Article may
initiate enforcement with the local health department.
(d) The local health department shall, while a business is undergoing
otherwise mandated inspections, inspect for compliance with the
provisions of this Article.
(e) An owner, operator, manager or employee of a business regulated by
this Article shall so inform persons in their establishments who are
violating this Article of the appropriate provisions thereof.
(f) In addition to the remedies provided by the provisions of this Article,
the applicable local health department may apply for injunctive relief
to enforce those provisions in any court of competent jurisdiction.
4
~ 95.762
Violations and Penalties.
(a) A person who smokes in an area prohibited by this Article shall be
guilty of an infraction, punishable by a fine not less than fifty dollars
($50) and not more than three hundred dollars ($300).
(b) A person or entity that owns, manages, operates or otherwise controls
a public place or place of employment and who fails to comply with the
provisions of this Article shall be guilty of an infraction, punishable by:
(1) A fine not exceeding fifty dollars ($50) for the first violation.
For purposes of this provision, a first violation is one violation in
any twelve-month period.
(2) A fine not exceeding two hundred dollars ($200) for the second
violation within one (1) year of the first violation.
(3) A fine not more than five hundred dollars ($500) for each
additional violation within one (1) year and a five (5) day
suspension or revocation of any permit or license issued by the
City of Springfield to the person for the premises on which the
violation occurred.
(4) Each day on which a violation of this Article occurs shall be
considered a separate and distinct violation.
(5) Revenues collected pursuant to the enforcement of this Article
shall be dedicated to the enforcement of such Article and to
public education.
~ 95.763
Public Education.
The applicable local health department shall engage in a continuing program
to explain and clarify the purposes and requirements of this Article to citizens
affected by it, and to guide owners, operators and managers in their compliance with
it.
~ 95.764
Government Agency Cooperation.
The Mayor and the City Council shall annually request that other
governmental and additional agencies having facilities located within the City of
Springfield establish local operating procedures in cooperation and compliance with
this Article. This includes urging all federal, state, county, city, special district and
school district agencies to update their existing smoking control regulations to be
consistent with the provisions of this Article.
~ 95.765
Severability.
If any provision, clause, sentence or paragraph of this Article or the
application thereof to any person or circumstance shall be held invalid by a court of
competent jurisdiction, such invalidity shall not affect the other provisions of this
Article that can be given effect without the invalid provision or application, and to the
end the provisions of this Article are declared to be severable.
S:\WPDOCS\ORDINANC\CODE\Ch 95 Smoking ban (Mayor) amend.doc
5
W,L."t-(i: I rk"
12-23 SMOKING REGULATIONS IN PUBLIC PLACES AND PLACES OF
EMPLOYMENT
12-23.1 DEFINITIONS.
For the purpose of this Section 12-23 and subsections thereof, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) Business: Any sole proprietorship, partnership, joint venture, corporation,
whether for-profit or not-for-profit, or any other business entity, including but not limited
to, retail businesses and service businesses where goods or services are sold to the public;
and professional corporations, partnerships or other business entities wherein legal,
medical, dental, engineering, architectural or other professional services are provided. A
Business shall include a club, as defined in this section.
(b) Club: A private not-for-profit association, corporation or other entity consisting
of persons who are bona fide paying members, and which owns, leases or uses a building
or portion thereof, the use of such premises being restricted primarily to members and
their guests.
(c) Employee: Any person who is employed by a business, and shall include the
owner or operator of a sole proprietorship or other similar business entity.
(d) Employer: Any business that employs one or more employees.
(e) Enclosed Area: All space in any structure, or portion thereof, located between a
floor and ceiling that is enclosed on all sides by walls, windows, doorways or
combinations thereof that extend from the floor to the ceiling.
(f) Knowingly or Knowing: Shall have the same meaning as set forth in Article 4,
Section 4-5, of the Illinois Criminal Code of 1961 (ILCS, Ch. 720, Act 5, 4-5), now or
hereafter amended.
(g) A Public Place means:
(1) Any enclosed area in a building or structure within the village which members
of the public are invited or permitted to visit or use, including lobbies, hallways and other
common areas of businesses or apartment buildings, condominiums, cooperatives,
congregate housing, and other multiple-unit residential structures; provided that a Public
Place shall not include:
(A) A private dwelling place, unless such dwelling is also used for a day care home
or day care center, whether for children or adults. Private Dwelling Place includes
private and semi-private rooms in nursing homes and long-term care facilities that are
occupied by one or more persons, all of whom are smokers and have requested in writing
to be placed or to remain, as the case may be, in a room where smoking is permitted.
(B) Hotel and motel rooms that are rented to guests and are designated as smoking
rooms; provided, however, that no more than 20 percent of al the rooms available to be
rented to guests in a hotel or motel may be designated as smoking rooms.
(2) The interior of any mode of public transit or conveyance, including but not
limited to, a bus, train, taxi or livery.
(h) Place of Employment: Any enclosed area of a business within the village where
one or more employees are required or permitted by an employer to work in the course of
their employment, including without limitation the generality of the foregoing work
areas: private offices, auditoriums, classrooms, conference and meeting rooms,
cafeterias, employee lounges, stairs, hallways, restrooms, and the interior of a motor
vehicle or public conveyance. A Place of Employment does not include a private
dwelling place which is the site of a lawful home occupation, unless such dwelling is also
used for a day care home or day care center, whether for children or adults. Private
Dwelling Place includes private and semi-private rooms in nursing homes and long-term
care facilities that are occupied by one or more persons, all of whom are smokers and
have requested in writing to be placed or to remain, as the case may be, in a room where
smoking is permitted. A Place of Employment shall include a club, as defined in this
section.
(i) Smoke or Smoking: Inhaling, exhaling, burning or otherwise cons uming
through combustion any tobacco, including, without limiting the generality of the
foregoing, the carrying of any lighted or burning cigarette, cigar, pipe or tobacco in any
of its forms.
G) Tobacco: Any substance containing tobacco leaf, including but not limited to,
any cigar, cigarette, leaf tobacco, pipe tobacco, or tobacco in any of its forms.
(k) Tobacco Dealer: Shall have the meaning set forth in Chapter 5, Section 5-1.1 of
this Code. (2003-0-75, 11/11/03)
12-23.2 SMOKING PROIDBITED IN PUBLIC PLACES AND PLACES OF
EMPLOYMENT.
(a) It shall be unlawful for any person to smoke in any public place or place of
employment.
(b) It shall be unlawful for any person to smoke in any place designated as a "No
Smoking Area," as provided in Section 12-23.4 of this chapter.
(c) It shall be unlawful for any employer to knowingly permit smoking in any
enclosed area in any place of employment.
(d) It shall be unlawful for the owner, occupant or lessee, as the case may be, in
control of a public place to knowingly permit smoking in any enclosed area in said public
place.
(e) It shall be unlawful for an employer or for the owner, occupant or lessee, as the
case may be, in control of a public place to fail to post signage or remove ash trays, as
provided in Section 12-23.5 of this chapter. (2003-0-75, 11/11/03)
12-23.3 EXEMPTIONS.
The prohibitions on smoking set forth in Section 12-23.2 shall not apply to: any
public place or place of employment that is a tobacco dealer, whose principal business is
the sale at retail of tobacco and tobacco-related products; provided that smoke generated
by smoking on the premises of the tobacco dealer does not infiltrate into enclosed areas
where smoking is otherwise prohibited pursuant to Section 12-23.2. (2003-0-75,
11/11/03)
12-23.4 DESIGNATION OF OTHER NO SMOKING AREAS.
Nothing in this Section 12-23 shall be deemed to limit the authority of the owner,
occupant or lessee of any public place or business to designate non-enclosed areas,
including outdoor areas, of said public place or business as a place where smoking is also
prohibited and, if said owner, lessee or occupant shall conspicuously post signs
prohibiting smoking in the manner described in Section 12-23.5 of this chapter, then
smoking shall be prohibited to the same extent as provided for enclosed areas in Section
12-23.2 ofthis chapter. (2003-0-75, 11/11/03)
12-23.5 POSTING OF SIGNS AND REMOVAL OF ASH TRAYS.
Each owner, lessee, employer or other person in control of a public place or a place of
employment shall be responsible for the following:
(a) Post conspicuous signs in the enclosed area, or the entrance to the public place,
place of employment or the building wherein they are located, as the case may be,
bearing the text "No Smoking" or the international "No Smoking" symbol, which consists
of a pictorial representation of a cigarette enclosed in a circle with a bar across it.
(b) Remove ash trays or other similar containers intended for the deposit of tobacco
ash, cigarettes, cigars or other tobacco products from public places. (2003-0-75,
11/11/03)
12-23.6 VIOLATIONS AND PENALTIES.
(a) A violation of Section 12-23.2(a) or 12-23.2(b) of this chapter shall be
punishable by a fine of $50. Any person served with a citation or notice of violation of
Section 12-23.2(a) or 12-23(b) of this chapter may avoid court prosecution for said
violation, by surrendering the citation or notice of violation to the Violations Bureau of
the Wilmette Police Department within ten days from the date appearing on said citation
or notice of violation, along with payment of$50. Any person making such payment
shall receive a receipt for same from the Police Department.
(b) A violation of Section 12-23.2 (c) or 12-23.2(d) shall be punishable by a fine of:
(1) Not less than $50 nor more than $100 for a first violation or a violation that
occurs more than one year after the date of a previous violation.
(2) Not less than $100 nor more than $200 for a second violation occurring within
one year of the date of a previous violation that was adjudicated against the same
defendant.
(3) Not less than $200 nor more than $500 for a third or subsequent vio lation within
one year of the date of a first violation that was adjudicated against the same defendant.
(c) A violation of Section 12-23.2(e) shall be punishable by a fine of$50. Any
person served with a citation or notice of violation of Sectbn 12-23.2( e) of this chapter
may avoid court prosecution for said violation, by surrendering the citation or notice of
violation to the Violations Bureau of the Wilmette Police Department within ten days
from the date appearing on said citation or notice of violation, along with payment of $50
and demonstration of compliance with the provisions of Section 12-23.5 of this chapter.
Any person making such payment shall receive a receipt for same from the Police
Department.
(d) Each day that any violation of Section 12-23.2(c), Section 12-23.2(d) or Section
12-23.2(e) of this chapter shall continue, shall constitute a separate offense.
(e) In addition to any other penalty provided in this Section 12-23.6, the village may
apply to any court of competent jurisdiction for injunctive relief to require compliance
with, or cease violations of, the provisions of this Section 12-23. (96-0-11, 4/9/96; 2003-
0-75, 11/11/03)
12-23.7 INCONSISTENCY WITH FIRE PREVENTION CODE.
No portion of this Section 12-23 shall be deemed to supersede any portion of Chapter
9, Section, "Fire Prevention," of this Code, or the BOCA National Fire Prevention Code
incorporated by reference therein. In the event of any inconsistency between the
provisions of this Section 12-23 and any of the provisions of Section 9-6, the provisions
of Section 9-6 shall control. (94-0-52, 10/11/94)
MOllnt Prospect
INTEROFFICE MEMORANDUM
Village of Mount Prospect
Mount Prospect, Illinois
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ASSISTANT VILLAGE MANAGER
DATE: MAY 4,2006
SUBJECT: VILLAGE HALL FRONT ENTRANCE ENHANCEMENTS
The Village Board had requested the Village Hall architect, DLK, to review the front
entrance on the Emerson side of the building to propose enhancement options for possible
consideration. The enhancements were requested as a desire to make the front (main)
entrance more prominent in order to draw attention to the entrance so patrons and citizens
can easily distinguish it from the rest of the building. In addition to the enhancement
requests for the front entrance there was a desire to consider some enhancements in the
main stairwell of the Village Hall so it appeared less utilitarian (attached example).
DLK has created five schemes (attached as scheme A-E) for consideration with each
representing a differing degree of construction and enhancement intensity. Several
schemes enclose the front entrance portico while some others enclose it partially. This
variation will allow the Village Board to visually determine the level of enclosure desired
based on amount of prominence preferred. The costs of the different schemes are directly
linked to the level of construction necessary to achieve the scheme desired. The scheme
that shows the removal of the support columns to allow for a large main door is projected to
be the most expensive option due to the need to provide alternate structural support during
the construction process. General cost estimates will be provided by the contractor that
built the Village Hall, W.B. Olson at the meeting. Regardless of the scheme chosen the
main stairwell enhancements should be considered to be included in the construction
process at the same time as the front entrance enhancements might be undertaken.
Staff and representatives from DLK and W.B. Olson will be present to facilitate the
discussion at the Committee of the Whole meeting on May 9. If you have any questions,
please contact me.
~ .s:--t:Lfl
David Strahl
H:\VILM\Village Hall\Front Entrance\VB Scheme Summary memo.doc
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Mount Prospect
Director
Glen R. Andler
~
Deputy Director
Sean P. Dorsey
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
AGENDA
MOUNT PROSPECT SOLID WASTE COMMISSION
Mav 9, 2006
CONFERENCE ROOM B, PUBLIC WORKS FACILITY
1700 WEST CENTRAL ROAD
7:30 PM
I. CALL TO ORDER
il. APPROV AL OF MINUTES
. February 14, 2006
ill. CITIZEN FORUM
N. SOLID WASTE PROGRAMS/DATA
V. OLD BUSINESS
VI. NEW BUSINESS
. Cart Delivery
. Yard Waste Program
VII. NEXT MEETING
VIII. ADJOURNMENT
ANY INDNIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF
A DISABILITY NEEDS SOME ACCOMMODA nON TO P ARTICIP ATE PLEASE
CONTACT PUBLIC WORKS AT 847.870.5640, TDD 847.392.1235.
Phone 847/870-5640
Fax 847/253-9377
www.mountprospect.org
Mount Prospect
Director
Glen R. Andler
Deputy Director
Sean P. Dorsey
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
Mount Prospect Solid Waste Commission
February 14, 2006
Meeting Minutes
Call to Order
Chairman Luteri called the meeting to order at 7:35 p.m.
Present
Chairman George Luteri
Commissioner Rod Mobus
Commissioner Mary Rosen
Commissioner Ken Westlake
Commissioner Mary Winkler
Staff Liaison Jason Leib
Absent
Commissioner Pankaj Parikh
Approval of Minutes
Minutes from the September 15, 2005 meeting were approved as written.
Citizen Forum
No residents were in attendance to address the Commission.
Solid Waste Pro~rams and Data
The Commission reviewed the year to date recycling and yard waste counts.
The Commission stated that it would be important to review the recycling counts
after the new wheeled recycling carts are distributed. The commission feels that
recycling will increase with the greater capacity to recycle and would like to see
the recycling counts following the cart distribution.
Old Business
Staff liaison Mr. Leib provided an update on the Ashley Cove Apartment
Complex. Mr. Leib informed the Commission that the Environmental Health
Department is working to use Community Development Block Grant (CDBG)
money for the construction of dumpster corals at the Ashley Cove complex. Mr.
Leib stated that he would keep the Commission informed of status as
Environmental Health's effort moves forward.
New Business
New Cart Collection Program Details
Mr. Leib updated the Commission on the new solid waste program details.
o All residential properties receiving curbside collection will
receive two carts, one for refuse and one for recycling.
o Residents will have a choice of three sizes for refuse carts;
35,65 and 95 gallon.
o Residents will have a choice of two sizes for recycling carts;
35 and 65 gallon.
o The cleanup weeks will be discontinued after the last
cleanup week that is scheduled for May 1 - May 5.
o Residents are required to use the carts. Refuse and
recycling will not be accepted in containers other then the
wheeled carts.
o Refuse and recycling must be contained in the wheeled
carts.
o The yard waste program will remain the same. There was a
reduction in the cost for the yard waste subscription
program.
o Properties will be billed $75 annually for garbage service.
Commissioner Mary Winkler asked if there was an option for a 95 gallon
wheeled cart for recycling. Mr. Leib informed the Commission that at
present time there is no option for a 95 gallon wheeled cart for recycling,
but if there is a big demand for a 95 gallon recycling cart the option could
potentially be added.
Mr. Leib distributed a first draft of the cart selection flyer that will be
distributed to all residential properties receiving curbside collection. The
Commission reviewed the flyer and made several suggestions to improve
the flyer. Mr. Leib also distributed a first draft of the new solid waste
website on CD to the Commission.
Other Business
Staff Liaison Mr. Leib informed the Commission that Public Works Open House
would be May 20th from 9 a.m. to 1 p.m.
Next Meeting
The next meeting was scheduled for May 9th at 7:30 p.m.
Adiournment
As there was no further business the meeting was adjourned at 9:00 p.m.
Call to Meeting
The Mount Prospect Fire Department Foreign Fire Tax Board
Regular Meeting
Wednesday, May lOth, 2006
7:00 PM
Police/Fire Training Room
Agenda
I. Call to Order
II. Roll Call
w. Foehring - Chairman
P. Buffalo - Vice Chairman
J. Flory - Treasurer
T. Huemann - Trustee
J. Miller - Secretary
III. Officers Reports
IV. New Business
a. Introduction of the Board and their purpose
b. Introduction of forms and procedures
TRUSTEES
Timothy J. Corcoran
Paul Wm. Hoefert
A. John Korn
Richard M. Lohrstorfer
Michaele W. Skowron
Michael A. Zadel
VILLAGE MANAGER
Michael E. Janonis
MAYOR
Irvana K. Wilks
Mount Prospect
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392-6000
Fax: 847/392-6022
www.mountprospect.org
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
COMMUMITY RELATIONS COMMISSION
ORDER OF BUSINESS
REGULAR MEETING
Meeting Location
Village Hall
50 South Emerson Street
Mount Prospect, IL 60056
Meeting Date and Time:
May 11, 2006
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
· April 13, 2006 Meeting
IV OLD BUSINESS
· Update on Make a Difference Day
· Follow-up discussion on Forum on Racism & Ethnic Diversity 2003
· International Education Week
· Fourth of July
· Suburban Mosaic Book
· Village Grant Application (CDBG)
· New Residents Reception
V. NEW BUSINESS
~. CORRESPONDENCE
VII. ADJOURNMENT
fIDillm~Tr
MINUTES
COMMUNITY RELATIONS COMMISSION
Community Center, Village Hall
Thursday, April 13, 2006
The Community Relations Commission (CRC) of the Village of Mount Prospect met Thursday,
April 13, 2006, at the Mount Prospect Village Hall located at 50 South Emerson Street, Mount
Prospect, Illinois.
CALL TO ORDER
The meeting was called to order at 7:02 p.m. by Chairman Tolbert.
ROLL CALL
Present
Chairman Tolbert
Commissioner Hernandez
Commissioner Parikh
Absent:
Commissioner Fuller
Commissioner Muench
Also in attendance:
Michael Semkiu, Deputy Chief of Police
APPROVAL OF MINUTES
A motion was made by Commissioner Parikh to approve the minutes of March 9th and seconded
by Commissioner Hernandez. These minutes were unanimously approved by a voice vote.
OLD BUSINESS
Update on "Make A Difference Day"
Chairman Tolbert distributed a flyer prepared by Baird & Warner Realty advertising the event.
The flyer was discussed and it was agreed that the text "Holmes Junior High Band, District 59"
be incorporated into the flyer and the text "Mount Prospect Music Makes a Difference
Committee" be removed. Baird & Warner Realty plans on distributing the flyers at open house
presentations in the area.
Commissioner Hernandez indicated the next Make a Difference Day will be held October 28,
2006. Instruments collected will be held at the Baird & Warner Realty. Chairman Tolbert
advised that Mayor Wilks would be addressing the Lion's Club and will read a statement
regarding the event. A copy of the statement is attached and made part of these minutes. The
Mayor recently issued an e-mail concerning the event, a copy of the e-mail is attached and
made part of these minutes.
Commissioner Hernandez indicated that a student will speak at the event and speak of the
importance of the musical instruments. Chairman Tolbert advised that Mayor Wilks will be
present at the event and will mention that musical instruments will again be collected.
Commissioner Parikh proposed possibly soliciting musical instruments for donation at the event;
however, it was decided not to. Chairman Tolbert advised he spoke to a Journal Newspaper
reporter regarding the event and an article will run in Friday's upcoming edition. Deputy Chief
Semkiu indicated the police department would provide refreshments for the event.
Commissioner Hernandez would contact the library in an effort to determine the quantity of
refreshments needed. It is anticipated there would be 15 - 20 students along with their parents
Page 1 of3
and families in attendance. The police department will provide cookies, juice and paper
products. Commissioner Hernandez advised the event will consist of 45 minutes of music.
Guest speakers will include Mayor Wilks and representatives of both the Lion's Club and Baird
& Warner Realty. Police department personnel will be responsible for putting the refreshments
out. Chairman Tolbert will be the master of ceremonies for the event.
Chairman Tolbert indicated that an advertisement for the event will be placed on the Village
marquee at the train station. Chairman Tolbert will prepare a program for the event which will
be sent to the commissioners for review. A notation will be placed on the flyer indicating the
police department will serve refreshments. Chairman Tolbert will contact a Harold Newspaper
reporter and inquire if an article could be run in the paper advertising the event.
Follow-up discussion on Forum on Racism & Ethnic Diversity 2003
It was the consensus of the group to table discussion until all members were present.
NEW BUSINESS
Fourth of July Festivities
The group discussed the possibility of including activities at upcoming Fourth of July
celebrations. Amongst these was possibly a yoga or martial arts demonstration. The group
anticipated they would present some activities this year and would expand in future years.
Chairman Tolbert has spoken to Lion's Club officials regarding including these diverse activities
at the Melas Park celebration. The consensus was to conduct the activities during family day
and possibly make use of the stage. Commissioner Hernandez indicated a dance group would
solicit participation from the crowd. Chairman Tolbert indicated he had spoken to a
representative of Saint Paul Lutheran Church and was told of their plans to have a mariachi
band perform at a church event scheduled for July 1 st as part of the Fourth of July celebration.
The Chairman requested guidance in exploring either this band or a similar band to perform as
part of the commissions' proposed activities for the holiday. This type of activity would
compliment the commissions' efforts. A motion was made by Commissioner Parikh to support
the idea after gathering additional information. The motion was seconded by Commissioner
Hernandez and approved unanimously by a voice vote. Chairman Tolbert moved to work
closely with Lion's Club members to develop a program of intercultural events for the Melas
Park July 4th celebration. The motion was seconded by Commissioner Hernandez and
approved unanimously by a voice vote.
Mosaic
John Brennan contacted Chairman Tolbert to request the support of the commission for the
"Mosaic Book" solicitation for 2006. Mr. Brennan had started the program while a commissioner
on the committee. These books would be used for fall reading. Commissioner Parikh moved to
lend support to the activity. The motion was seconded by Commissioner Hernandez and
approved unanimously by a voice vote.
Village Grant Application
The commission received correspondence from Clair Sloan, the Neighborhood Planner for the
Village. Ms. Sloan requested that the commission review and lend their support for the "First
Time Homebuyer's Program" grant she is submitting on behalf of the Village. A copy of the
letter is attached and made part of these minutes. Commissioner Parikh moved to lend support
to the grant application. The motion was seconded by Commissioner Hernandez and approved
unanimously by a voice vote.
Page 2 of3
New Residents Reception
Chairman Tolbert advised that on April 22,2006, from 8:30 a.m. to 10:30 a.m. the Village would
be hosting a welcoming reception for new residents to the Village. The reception would take
place in the Village Hall Community Room. The commission plans on having a table and all
commissioners are invited to attend.
The meeting was adjourned at 8:02 p.m. after a motion was made by Commissioner Hernandez
and seconded by Commissioner Parikh. The motion was approved by a unanimous vote.
Respectfully submitted,
)1J1 ~( ~~uvL
Michael Semkiu
Deputy Police Chief
Page 3 of3
Director
Glen R. Andler
Deputy Director
Sean P. Dorsey
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
NOTICE
THE MAY 8, 2006 MEETING OF THE SAFETY COMMISSION HAS BEEN CANCELLED. THE
NEXT REGULAR MEETING IS SCHEDULED FOR MONDAY, JUNE 12TH AT 7:00 P.M. AN
AGENDA OR CANCELLATION NOTICE WILL BE SENT PRIOR TO THIS MEETING.
DATED THIS 4TH DAY OF MAY, 2006.
Phone 847/870-5640
Fax 847/253-9377
www.mountprospect.org