2006-0190
4 -17 -06
ORDINANCE NO. 2006-19
0
AN ORDINANCE AMENDING CHAPTER 9.32, SMOKING IN PUBLIC PLACES,
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to
indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco
smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory
disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke
is responsible for the early deaths of up to 65,000 Americans annually. (National Cancer Institute
(NCI), Health effects of exposure to environmental tobacco smoke: the report of the California
Environmental Protection Agency. Smoking and Tobacco Control Monograph 10, Bethesda, MD;
National Institutes of Health, National Cancer Institute (NCI), August 1999.); and
WHEREAS, The Public Health Service's National Toxicology Program (NTP) has listed
secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS),
Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens, U.S. Department of
Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in
subsequent reports on carcinogens, 2003, 2005.); and
WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena,
Montana before, during, and after a local law eliminating smoking in workplaces and public places
was in effect, has determined that laws to enforce smoke free workplaces and public places may be
associated with a reduction in morbidity from heart disease. (Sargent, Richard P.; Shepard, Robert
M.; Glantz, Stanton A., Reduced incidence of admissions for myocardial infarction associated with
public smoking ban: before and after study, British Medical Journal 328: 977 -980, April 24, 2004.);
and
WHEREAS, The U.S. Centers for Disease Control has issued a warning that anyone at risk
for heart disease should avoid entering smoke - filled environments; and
WHEREAS, secondhand smoke is particularly 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 that are exposed to secondhand smoke have been shown to have an
increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental
abnormalities, and cancer. (California Environmental Protection Agency (Cal EPA), Health effects
of exposure to environmental tobacco smoke, Tobacco Control 6(4): 346 -353, Winter, 1997.); and
WHEREAS, local and state governments throughout the country have successfully passed
smoke free air laws to protect people against the harmful effects of secondhand smoke; and
WHEREAS, numerous economic analyses examining restaurant and hotel receipts and
controlling for economic variables have shown either no difference or a positive economic impact
after enactment of laws requiring workplaces to be smoke free. Creation of smoke free workplaces
is sound economic policy and provides the maximum level of employee health and safety. (Glantz,
S.A. & Smith, L., The effect of ordinances requiring smoke free restaurants on restaurant sales in
the United States., American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.; Urbonas,
C.M., The economic impact of smoke free workplaces: an assessment for Nova Scotia, prepared for
Tobacco Control Unit, Nova Scotia Department of Health, GPI Atlantic, September 2001.), 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. (Department of Health and Human Services. The
Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health
Service, Centers for Disease Control, 1986.); and
WHEREAS, The Environmental Protection Agency has determined that secondhand smoke
cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are
only capable of filtering the particulate matter and odors in smoke, do not eliminate the known
toxins in secondhand smoke. (Environmental Protection Agency (EPA), Indoor air facts no. 5:
environmental tobacco smoke, Washington, D.C.: Environmental Protection Agency (EPA), June
1989.); and
WHEREAS, local and statewide smoke free workplace laws are now in effect for
approximately 36% of the U.S. population, leaving another 64% still unprotected from exposure to
a known carcinogen. People working in or visiting in smoke - filled hospitality settings like
restaurants, bars, and entertainment venues are especially at risk; and
WHEREAS, the Village was not preempted by the Illinois Clean Indoor Air Act (410 ILCS
80/1 et seq.) which became effective on July 1, 1990 since the Village had previously enacted
Ordinance No. 63 -5 which was an ordinance passed "concerning the regulation of smoking prior to
October 1, 1989 "; and
2
WHEREAS, Cook County, Illinois, on March 15, 2006, enacted an ordinance entitled
"Cook County Clean Indoor Air Ordinance" which ordinance shall not be applicable within the
corporate limits of the Village; and
WHEREAS, the Corporate Authorities of the Village of Buffalo Grove 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 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 PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part
of this Ordinance as if fully set forth herein.
Section 2. Chapter 9.32 of the Village of Buffalo Grove Municipal Code is hereby amended
to read as follows:
Chapter. 9.32
Smoking In Public Places
9.32.010 Definitions.
For purposes of this Chapter, the following terms shall have the following meanings:
A. "Business" means any sole proprietorship, partnership, joint venture,
corporation, association, limited liability partnership, limited liability company 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,
which is the owner, lessee or occupant of a building or a portion of a building 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. "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 person or 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.
3
F. "Open Air Dining Area" means a seating area open to the air that is accessory
to a restaurant, hotel, cafeteria, club or other enclosed public place engaged in purveying
commercial food or beverage service where members of the public, members or guests are
invited to sit and receive food or beverage service.
G. "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, restrooms, medical facilities, clubs, and the interior of a
vehicle of public conveyance. "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 or a health
care facility.
"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. "Public Entrance" means every doorway or other entrance to a public place
or place of employment.
I. "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 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 Buffalo Grove where there is in progress any public
meeting.
"Public place" shall not include:
4
0
1. a private dwelling unit, unless the dwelling is also used as a
licensed childcare, adult care facility, health care facility, nursing,
long term care or assisted living facility; or
2. hotel or motel rooms designated as smoking, provided that no
more than ten percent (10 %) 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 in any form.
K. "Village" means the Village of Buffalo Grove.
9.32.020 Prohibition of Smoking in Enclosed Public Places.
A. It is unlawful 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.
9.32.030 Prohibition of Smoking in Places of Employment.
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.
9.32.040 Prohibition of Smoking in Open Air Dining Areas.
A. It is unlawful to smoke in any open air dining area.
B. It is unlawful to smoke within twenty (20) feet of an open air dining area.
9.32.050 Prohibition of Smoking at Entrances.
A. It is unlawful to smoke within twenty (20) feet of a public entrance of either a
public place or a place of employment.
B. It is unlawful to smoke within twenty (20) feet of an operable window of either a
public place or a place of employment.
C. It is unlawful to smoke within twenty (20) feet of a ventilation air intake of
either a public place or a place of employment.
F7
o •
9.32.060 Designation of Other No- Smoking 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 this Chapter 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.
9.32.070 Exemptions.
The prohibitions on smoking set forth in this Chapter shall not apply to a private
dwelling unit, unless said dwelling is also used as a day care facility for children or adults or
a health care facility.
9.32.080 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 Chapter or exercises any rights afforded by this Chapter.
9.32.090 Signs.
Each owner, lessor, lessee, employer, or other person in control of a public place or
place of employment shall post conspicuous "No Smoking" signs in the enclosed area and at
every public entrance of any public place or place of employment 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 or such other sign, approved by the Village,
that clearly states that 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.
9.32.100 Penalties.
A. Any person who smokes in an area where smoking is prohibited under the
provisions of this Chapter shall be guilty of an offense punishable by a fine of fifty dollars
($50.00).
B. Any person who owns, manages, operates or otherwise controls a public
place, a place of employment or an open air dining area that permits smoking in an area
where smoking is prohibited under the provisions of this Chapter, shall be guilty of an
offense punishable by a fine of fifty dollars ($50.00) and such violation may result in the
suspension or revocation of any permit or license issued for the premises on which the
violation occurred.
6
E
C. Each day that any violation of this Chapter shall continue shall constitute a
separate offense.
9.32.110 Other Applicable Laws.
This Chapter 9.32 shall not be interpreted or be construed to permit smoking where it is
otherwise restricted by other applicable laws.
9.32.120 Severability.
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.
9.32.130 Effective Date.
The prohibitions stated in this Chapter shall be effective on October 1, 2006. All premises
affected by this Chapter that are in existence on the approval date hereof shall cause signs to
be posted, pursuant to the requirements of this Chapter, in a conspicuous location within the
public place or place of employment on or before October 1, 2006. All premises affected by
this Chapter that are established subsequent to the approval date hereof shall cause such
signs to be posted as a condition to obtaining applicable business licensing.
Section 3. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 -
ABSENT: 0 - None
PASSED: April 17 , 2006.
APPROVED: April 17 , 2006.
PUBLISHED: April 18 , 2006.
ATTEST:
i lage Clerk
APPROVED: `
Village President
7
R
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on April 17, 2006 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2006 -19 entitled: AN ORDINANCE
AMENDING CHAPTER 9.32, SMOKING IN PUBLIC
PLACES, OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE provided by its terms that it should
be published in pamphlet form.
The pamphlet form of Ordinance No. 2006 -19,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on April 18,
2006 and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 18th day of
April, 2006.
M: s/„ ,
V ge Clerk �i�l/`�-
4 -17 -06
ORDINANCE NO. 2006-19
AN ORDINANCE AMENDING CHAPTER 9.32, SMOKING IN PUBLIC PLACES,
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to
indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco
smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory
disease, and lung cancer. The. National Cancer Institute determined in 1999 that secondhand smoke
is responsible for the early deaths of up to 65,000 Americans annually. (National Cancer Institute
(NCI), Health effects of exposure to environmental tobacco smoke: the report of the California
Environmental Protection Agency. Smoking and Tobacco Control Monograph 10, Bethesda, MD:
National Institutes of Health, National Cancer Institute (NCI), August 1999.); and
WHEREAS, The Public Health Service's National Toxicology Program (NTP) has listed
secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS),
Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens, U.S. Department of
Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in
subsequent reports on carcinogens, 2003, 2005.); and
WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena,
Montana before, during, and after a local law eliminating smoking in workplaces and public places
was in effect, has determined that laws to enforce smoke free workplaces and public places may be
associated with a reduction in morbidity from heart disease. (Sargent, Richard P.; Shepard, Robert
M.; Glantz, Stanton A., Reduced incidence of admissions for myocardial infarction associated with
public smoking ban: before and after study, British Medical Journal 328: 977 -980, April 24, 2004.);
and
WHEREAS, The U.S. Centers for Disease Control has issued a warning that anyone at risk
for heart disease should avoid entering smoke - filled environments; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals
with cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease; and
1
: + s
WHEREAS, children that are exposed to secondhand smoke have been shown to have an
increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental
abnormalities, and cancer. (California Environmental Protection Agency (Cal EPA), Health effects
of exposure to environmental tobacco smoke, Tobacco Control 6(4): 346 -353, Winter, 1997.); and
WHEREAS, local and state governments throughout the country have successfully passed
smoke free air laws to protect people against the harmful effects of secondhand smoke; and
WHEREAS, numerous economic analyses examining restaurant and hotel receipts and
controlling for economic variables have shown either no difference or a positive economic impact
after enactment of laws requiring workplaces to be smoke free. Creation of smoke free workplaces
is sound economic policy and provides the maximum level of employee health and safety. (Glantz,
S.A. & Smith, L., The effect of ordinances requiring smoke free restaurants on restaurant sales in
the United States., American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.; Urbonas,
C.M., The economic impact of smoke free workplaces: an assessment for Nova Scotia, prepared for
Tobacco Control Unit, Nova Scotia Department of Health, GPI Atlantic, September 2001.); 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. (Department of Health and Human Services. The
Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health
Service, Centers for Disease Control, 1986.); and
WHEREAS, The Environmental Protection Agency has determined that secondhand smoke
cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are
only capable of filtering the particulate matter and odors in smoke, do not eliminate the known
toxins in secondhand smoke. (Environmental Protection Agency (EPA), Indoor air facts no. S:
environmental tobacco smoke, Washington, D.C.: Environmental Protection Agency (EPA), June
1989.); and
WHEREAS, local and statewide smoke free workplace laws are now in effect for
approximately 36% of the U.S. population, leaving another 64% still unprotected from exposure to
a known carcinogen. People working in or visiting in smoke - filled hospitality settings like
restaurants, bars, and entertainment venues are especially at risk; and
WHEREAS, the Village was not preempted by the Illinois Clean Indoor Air Act (410 ILCS
80/1 et seq.) which became effective on July 1, 1990 since the Village had previously enacted
Ordinance No. 63 -5 which was an ordinance passed "concerning the regulation of smoking prior to
October 1, 1989 "; and
K
WHEREAS, Cook County, Illinois, on March 15, 2006, enacted an ordinance entitled
"Cook County Clean Indoor Air Ordinance" which ordinance shall not be applicable within the
corporate limits of the Village; and
WHEREAS, the Corporate Authorities of the Village of Buffalo Grove 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 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 PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part
of this Ordinance as if fully set forth herein.
Section 2. Chapter 9.32 of the Village of Buffalo Grove Municipal Code is hereby amended
to read as follows:
Chapter 9.32
Smoking In Public Places
9.32.010 Definitions.
For purposes of this Chapter, the following terms shall have the following meanings:
A. "Business" means any sole proprietorship, partnership, joint venture,
corporation, association, limited liability partnership, limited liability company 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,
which is the owner, lessee or occupant of a building or a portion of a building 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. "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 person or 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.
3
F. "Open Air Dining Area" means a seating area open to the air that is accessory
to a restaurant, hotel, cafeteria, club or other enclosed public place engaged in purveying
commercial food or beverage service where members of the public, members or guests are
invited to sit and receive food or beverage service.
G. "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, restrooms, medical facilities, clubs, and the interior of a
vehicle of public conveyance. "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 or a health
care facility.
"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. "Public Entrance" means every doorway or other entrance to a public place
or place of employment.
I. "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 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 Buffalo Grove where there is in progress any public
meeting.
"Public place" shall not include:
4
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Y
M
1. a private dwelling unit, unless the dwelling is also used as a
licensed childcare, adult care facility, health care facility, nursing,
long term care or assisted living facility; or
2. hotel or motel rooms designated as smoking, provided that no
more than ten percent (10 %) 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 in any form.
K. "Village" means the Village of Buffalo Grove.
9.32.020 Prohibition of Smoking in Enclosed Public Places.
A. It is unlawful 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.
9.32.030 Prohibition of Smoking in Places of Employment.
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.
9.32.040 Prohibition of Smoking in Open Air Dining Areas.
A. It is unlawful to smoke in any open air dining area.
B. It is unlawful to smoke within twenty (20) feet of an open air dining area.
9.32.050 Prohibition of Smoking at Entrances.
A. It is unlawful to smoke within twenty (20) feet of a public entrance of either a
public place or a place of employment.
B. It is unlawful to smoke within twenty (20) feet of an operable window of either a
public place or a place of employment.
C. It is unlawful to smoke within twenty (20) feet of a ventilation air intake of
either a public place or a place of employment.
9
19
9.32.060 Designation of Other No- Smoking 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 this Chapter 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.
9.32.070 Exemptions.
The prohibitions on smoking set forth in this Chapter shall not apply to a private
dwelling unit, unless said dwelling is also used as a day care facility for children or adults or
a health care facility.
9.32.080 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 Chapter or exercises any rights afforded by this Chapter.
9.32.090 Signs.
Each owner, lessor, lessee, employer, or other person in control of a public place or
place of employment shall post conspicuous "No Smoking" signs in the enclosed area and at
every public entrance of any public place or place of employment 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 or such other sign, approved by the Village,
that clearly states that 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.
9.32.100 Penalties.
A. Any person who smokes in an area where smoking is prohibited under the
provisions of this Chapter shall be guilty of an offense punishable by a fine of fifty dollars
($50.00).
B. Any person who owns, manages, operates or otherwise controls a public
place, a place of employment or an open air dining area that permits smoking in an area
where smoking is prohibited under the provisions of this Chapter, shall be guilty of an
offense punishable by a fine of fifty dollars ($50.00) and such violation may result in the
suspension or revocation of any permit or license issued for the premises on which the
violation occurred.
2
C. Each day that any violation of this Chapter shall continue shall constitute a
separate offense.
9.32.110 Other Applicable Laws.
This Chapter 9.32 shall not be interpreted or be construed to permit smoking where it is
otherwise restricted by other applicable laws.
9.32.120 Severability.
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.
9.32.130 Effective Date.
The prohibitions stated in this Chapter shall be effective on October 1, 2006. All premises
affected by this Chapter that are in existence on the approval date hereof shall cause signs to
be posted, pursuant to the requirements of this Chapter, in a conspicuous location within the
public place or place of employment on or before October 1, 2006. All premises affected by
this Chapter that are established subsequent to the approval date hereof shall cause such
signs to be posted as a condition to obtaining applicable business licensing.
Section 3. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 0 -None
PASSED: April 17 .2006.
APPROVED: Anril17 .2006.
PUBLISHED: April 18 2006.
ATTEST:
i lage Clerk
APPROVED:
Village President
7