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Home My WebLink About5. OLD BUSINESS 12/5/06 ORDINANCE NO. AN ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS IN THE VILLAGE OF MOUNT PROSPECT. ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has authority and power to regulate for the protection of the public health and welfare; and WHEREAS, pursuant to the provisions of 65 ILCS 5/11-19.1-1-11, the Corporate Authorities of the Village have the authority to prescribe by ordinance the regulation of the use of lands connected with the emission of air contaminants and may abate operations, activities or uses causing air contamination; and WHEREAS, the President and Board of Trustees have found and determined that based upon the United States Environmental Protection Agency's classification, secondhand smoke is a "Class A Carcinogen"; and WHEREAS, secondhand smoke is the third leading cause of preventable death in the United States and causes cancer, stroke and heart disease; and WHEREAS, employees who work in smoke filled businesses suffer a substantially 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 U.S. Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and declare 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 /I employment; and (2) to guarantee the right of nonsmokers to breath smoke-free air which shall have priority over the desire to smoke. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: A new Article VIII entitled, "Clean Air Regulations" shall be added to Chapter 19 entitled "Health Regulations" of the Mount Prospect Village Code which shall be inserted and read as follows: ARTICLE VIII CLEAN AIR REGULATIONS Sec. 19.801 TITLE. This Article VIII shall be known as "Clean Air Regulations" and shall be in addition to and not be limited by the provisions of any state or federal legislation. It is the intent of the President and Board of Trustees to strictly regulate secondhand smoke. Sec. 19.802 SMOKING PROHIBITED. Smoking is prohibited in the following places in the Village of Mount Prospect: A. Enclosed Areas as defined in Section 19.803. B. Within fifteen (15') feet of a door, window or within fifteen (15') feet of a ventilation air intake of any Enclosed Area. C. Public Usage Property as defined in Section 19.803. Sec. 19.803 DEFINITIONS. The following words and phrases used in this Article shall have the following meanings: Private Dwelling Unit Space: Any premises intended for and used as actual living space, including but not limited to a home, apartment, retirement home, group home 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. Public Usage Property: For purposes of this Article VIII, Public Usage Property shall include (1) Any outdoor property of whatever kind or nature, owned or leased by the Village of Mount Prospect; (2) Any public parking garage or other non-residential parking facility; (3) Any property owned or used by any public transportation agency including, but not limited to, train stations, platforms, parking lots and bus stops; and (4) Any outdoor eating area to which the public is invited. 2 SmokinQ: The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other similar object. Enclosed Area: Any public buses, taxis and other vehicles of public conveyance and any space between a floor and ceiling that is enclosed on all sides by any combination of solidwalls, windows and/or doorways; subject to the following: A. A Private Dwelling Unit Space is not included in this definition and this Article VIII prohibition shall not apply unless the Private Dwelling Unit Space is used as a licensed childcare, adult care or health care facility; and B. A Retail tobacco store utilized exclusively for the sale of tobacco products and accessories is not included in this definition and this Article VIII prohibition shall not apply. C. A hotel or motel room designated as "smoking" is not included in this definition and this Article VIII shall not apply; provided that no more than twenty percent (20%) of the available rooms for rent in any single building may be designated as smoking rooms. D. A lounge or bar area of any business holding a Mount Prospect Class A, B, E, M, S, S1 or T liquor license, is not included in this definition and this Article VIII prohibition shall not apply to such lounges or bar areas, provided each of the following conditions are met: -1. The lounge or bar area shall be separated from the rest of the premises by a floor-to-ceiling solid wall or other barrier that does not allow smoke and other airborne particles to pass through to the rest of the premises. Entrances and exits between smoking and nonsmoking areas must be closed at all times except for immediate ingress or egress by a patron or employee. 2. The lounge or bar area shall have a heating, ventilation and air conditioning ("HV AC") system separate from the rest of the premises. 3. The lounge or bar area shall not include any common area of the premises to which a person not using the lounge or bar may need access. This shall include, but not be limited to, entrances, exits, waiting areas, restrooms and access routes to any such areas. A lounge or bar area may have entrances, exits, waiting rooms and restrooms where smoking is allowed so long as separate nonsmoking entrances, exits, waiting room and restrooms are provided. If anyone of the conditions of 1 through 3 above is not met, the prohibitions of this Article VIII shall apply. Sec. 19.804 APPLICATION TO OWNERS. No owner, operator or person in control of a place where smoking is prohibited shall permit smoking or fail to take reasonable steps to stop a person from smoking in that 3 place. Reasonable steps shall include both requesting that the person stop smoking and informing the person that the law is being broken. Sec. 19.805 RET AILlA TION PROHIBITED. No person may, in any manner, retaliate or discriminate against any other person because that person reports or attempts to prosecute a violation of this Article. This shall include retaliation or discrimination by an owner or manager against an employee, applicant for employment or customer. Sec. 19.806 POSTING OF SIGNS; REMOVAL OF SMOKING PARAPHERNALIA Every Enclosed Area where smoking is prohibited by this Article shall have posted at every entrance a conspicuous sign indicating "NO SMOKING". Such "NO SMOKING" signs shall have a white field with the words "NO SMOKING" printed in red letters four (4") inches high with a one-half (1/2") 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 Article. The operator, manager or other person having control of an area where smoking is prohibited shall remove all ashtrays and other smoking paraphernalia intended for use where smoking is prohibited. Sec. 19.807 RIGHT TO DECLARE PREMISES NON-SMOKING. Notwithstanding any other provision of this ArtiGle, an owner, manager or other person in control of any indoor or outdoor premises may declare that premises as a nonsmoking area by posting a sign as set forth in Section 19.806. If such a sign is posted, any violator shall be subject to the penalties set forth in Section 19.808. Sec. 19.808 PENAL TY. Any person violating any provisions of this Article shall be subject to a fine as set forth in Division III of Appendix A of the Mount Prospect Village Code. The Village may commence revocation proceedings for any business license issued where more than three violations of this Article have occurred. SECTION 2: Appendix A, Division III of the Mount Prospect Village Code shall be amended by adding the following under Chapter 19, Section 19.808. Art. VIII Clean Air Regulations Smoker violating Article VIII Not less than $100.00 nor more than $500.00 Property owner Permitting Smoking in violation of Article VIII Not less than $250.00 nor more than $1,000.00 SECTION 3: This Ordinance shall be in full force and effect on the 61st day after it is signed by the Mayor. 4 SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this ATTEST: M. Lisa Angell, Village Clerk day of ,2006. I rvana K. Wilks, Mayor 5