2007-0518 -9 -07
ORDINANCE NO. 2007 - 51
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 Horne Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Village Ordinance No. 2006 -19 was approved by the Village of Buffalo Grove
Corporate Authorities on April 17, 2006 and created a prohibition of smoking in enclosed public
places by enacting Chapter 9.32, Smoking In Public Places, of the Buffalo Grove Municipal Code;
and
WHEREAS, the Smoke Free Illinois Act was enacted by Public Act 95 -0017 and is
effective January 1, 2008; and
WHEREAS, Section 65 of the Smoke Free Illinois Act ("Act") provides that the Village of
Buffalo Grove may regulate smoking in public places but that such Village regulation must be no
less restrictive than the Act and that the Village may regulate smoking in any enclosed indoor area
used by the public or serving as a place of work if the area does not fall within the definition of a
public place under the Act; and
WHEREAS, the Village in order to comply with the Smoke Free Illinois Act needs to
amend Chapter 9.32 of the Buffalo Grove Municipal Code.
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. The following is hereby added to Section 9.32.010, Definitions, of the Village of
Buffalo Grove Municipal Code as follows:
9.32.010 Defimitions.
"Enclosed or partially enclosed sports arena" means any sports pavilion, stadium,
gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or
other similar place where members of the general public assemble to engage in physical
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exercise or participate in athletic competitions or recreational activities or to witness sports,
cultural, recreational or other events.
Section 3. The definition of "Public place" in Section 9.32.010, Definitions, of the Village
of Buffalo Grove Municipal Code is amended to read as follows:
9.32.10 Definitions.
"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 and all government owned vehicles;
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, enclosed or partially
enclosed sports arenas, 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:
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.
Section 4. Section 9.32.090, Signs, of the Village of Buffalo Grove Municipal Code is
amended to read as follows:
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9.32.090 Signs.
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A. 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.
B. All ashtrays shall be removed from any area where smoking is prohibited
by this Chapter by the owner, operator, manager, or other person having
control of the area.
Section 5. Section 9.32.100, Penalties, of the Village of Buffalo Grove Municipal Code is
amended to read as follows: `
9.32.90 Penalties.
A. A person, corporation, partnership, association or other entity who violates this
Chapter shall be fined pursuant to this Section. Each day that a violation occurs
is a separate violation.
B. A person who smokes in an area where smoking is prohibited pursuant to this
Chapter shall be fined in an amount not less that $100 and not more than $250.
C. A person who owns, operates, or otherwise controls a public place or place of
employment that violates this Chapter shall be fined (i) not less than $150 for
the first violation, (ii) not less than $500 for the second violation within one
year after the first violation, (iii) not less than $2,500 for each additional
violation within one year after the first violation, and (iv) such violation may
result in the suspension or revocation of any permit or license issued for the
premises on which the violation occurred.
Section 6. This ordinance shall be in full force and effect on January 1, 2008 and from
and after its passage, approval and publication.
AYES: 5 — Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 - Braiman
PASSED: August 20 , 2007.
APPROVED: August 20 , 2007.
PUBLISHED: August 21 , 2007.
ATTEST: ��ll ``
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C,Village Clerk
F:\F3uffalo Grove \Smoking \smoking Ord revision-doe
APPROVED:
Village President
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