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Home My WebLink AboutOrd 5683 03/04/2008 ORDINANCE NO. 5683 AN ORDINANCE REGULATING THE INSTALLATION OF SMOKING SHELTERS AND PROHIBITING SMOKING ON PUBLIC USAGE PROPERTY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 4th day of March 2008. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of March 2008. ORDINANCE NO. 5683 REGULA TING THE INST ALLA TION OF SMOKING SHELTERS AND PROHIBITING SMOKING ON PUBLIC USAGE PROPERTY 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 5/11-19.1-11 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 discovered that business owners throughout the Chicago metropolitan area, in response to the municipal and state regulation of smoking indoors and outdoors within 15 feet of any entrance, exit, open window, or ventilation intake that serves an enclosed area, are proposing or have already installed temporary or permanent smoking shelters adjacent to their facility; and WHEREAS, the health and safety of the community is at risk due to the type of materials used to construct these shelters and the mechanical and electrical devices installed to light, heat, and entertain it; WHEREAS, the smoking shelters' design and installation are often inconsistent with the business facility's appearance, as well as the appearance and character of the neighborhood; and WHEREAS, a potential risk exists that the smoking shelter may be used as an outdoor lounge for consuming food and liquor. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Chapter 19, Article VIII, entitled "Clean Air Regulations," of the Mount Prospect Village Code shall hereby be amended by deleting the current Article VIII and substituting a new Article VIII to read as follows: ARTICLE VIII Sec. 19.801 TITLE This article shall be known as CLEAN AIR REGULA TIONS and shall be in addition to the provisions of any state or federal legislation. (Ord. 5607, 1-2-2007, eff. 3-15-2007). C:IDocuments and SettingslkdewislLocal SettingslTemporary Internet FileslOLK6BIRevised Clean Air Ordinance - 4 Mar 08smokingsheltersdoc Sec. 19.802 DEFINITIONS CLEAR OPENING: A portion of a shelter that is not covered by any material and is completely open to the air and traversable. SMOKING: The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other similar object. (Ord. 5607, 1-2-2007, eff. 3-15-2007). SMOKING SHELTER: Any shelter where smoking is permitted by a business owner and is not an "enclosed area" as defined by the Smoke Free Illinois Act. Sec. 19.803 PUBLIC USAGE PROPERTY: Smoking on or in any train station, platform or bus shelter owned or used by any public transportation agency or in any municipal garage is prohibited. Sec. 19.804 SMOKING SHELTERS A. A smoking shelter shall be designed, constructed, and installed according to the following requirements: 1. The shelter must be detached from any other building. 2. The shelter may be no larger than one hundred fifty (150) square feet. 3. The shelter must have at least one permanently clear opening that is not less than eighty inches (80") in height and sixty inches (60") in width. 4. The walls of the shelter must be made of a clear, transparent material. 5. The shelter may utilize UL approved outdoor lighting fixtures and UL approved electrical heating fixtures. Such fixtures shall be hard wired and installed and operated according to manufacturers specifications. The shelter may not contain any other electrical devices or any other mechanical devices, such as televisions or generators. 6. Seating may be installed in the shelter. While the shelter is in operation, the seating must be permanently attached to the shelter or to the ground. No stools or chairs (freestanding or attached) are permitted inside the shelter. 7. Tables, bar counters, signs, or any other type offurnishings are prohibited. 8. The shelter must have at least one, but no more than two, tobacco waste receptacles and must be approved by and listed with a recognized fire or life safety agency. The shelter must also have at least one garbage receptacle. 9. Materials used to construct the shelter, seating, and all waste receptacles must be non- combustible, as defined in Section 703.4.1 of the International Building Code. 10. The shelter and any approved fixtures, devices, or furnishings must be constructed and installed in accordance with the Village's building and fires codes, as well as adhere to all applicable load requirements as set forth by the International Building Code. C:\Documents and SettingslkdewislLocal SettingslTemporary Internet FileslOLK6BIRevised Clean Air Ordinance - 4 Mar OBsmokingshelters.doc B. For purposes of the Mount Prospect Zoning Code, a smoking shelter is not deemed to be an accessory structure within an industrial or commercial zoning district. Accordingly, a smoking shelter may only be located as follows: I. On the premises of a Mount Prospect licensed business. 2. On an approved surface. 3. Not less than fifteen (15) feet from any entrance, exit, open window, or ventilation intake that serves an enclosed area where smoking is prohibited. 4. The shelter must conform to the zoning setback requirements for the property. If the structure cannot meet the setback requirements due to physical constraints, then the structure may be located in a required side or rear yard only so long as it is located no closer than ten (10) feet from any lot line. C. The service and/or consumption of any drinks or food in the smoking shelter are strictly prohibited. D. The installation and modification/remodeling of a smoking shelter requires a building permit. A non- refundable fee is required for the initial permit application. An additional fee is required for each subsequent modification/remodeling permit. These fees shall be in the amount set forth in Division II, Appendix A of this Code. E. Maintenance of the smoking shelter is the responsibility of the property owner. Sec. 19.805 PENALTY Any person violating any provisions of this article shall be subject to a fine as set forth in Appendix A, Division III of this Code. If the premises is licensed for the service of alcoholic beverages and an alcoholic beverage is served or consumed in the smoking shelter, it shall be a violation of the liquor license. SECTION 2: Appendix A, Division II shall be amended by adding the following to Chapter 19: Sec. 19.804 SMOKING SHELTERS: D. Nonrefundable Fee: $250.00 Each subsequent modification/remodeling permit: Fee $50.00 SECTION 3: Appendix A, Division III shall be amended by deleting Section 19.809, Penalty (Clean Air Regulations), in its entirety and replacing it with the following: Section 19.805 PENALTY Smoker violating Section 19.803 of this code: Not less than $100.00 nor more than $500.00 per day per offense. Any violation of Section 19.804 of this code: Not less than $250.00 nor more than $1000.00 per day per offense. C:IDocuments and SettingslkdewislLocal SettingslTemporary Internet FileslOLK6BIRevised Clean Air Ordinance - 4 Mar 08smokingshelters.doc SECTION 4: That 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: Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: Corcoran PASSED and APPROVED this 4th day of March, 2008 ~~J:~~ IrVii'na K. Wilks, Mayor ATTEST: 7=-.. '7-.~. M. LIsa Angel , ViU~ e lerk C:\Documents and Settings\kdewis\Local Settings\Temporary Internet Files\OLK6B\Revised Clean Air Ordinance - 4 Mar 08 smok in gs hel ters. doc C:IDocuments and SettingslkdewislLocal SettingslTemporary Internet FileslOLK6BIRevised Clean Air Ordinance - 4 Mar 08smokingshelters.doc