Smoking in Public Places Chapter 9.32 Village Municipal Code9/16/2019 Buffalo Grove, IL Code of Ordinances
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Chapter 9.32 - SMOKING IN PUBLIC PLACES*
Sections:
9.32.010 - De nitions.
For purposes of this Chapter, the following terms shall have the following meanings:
"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.
"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.
"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.
"Employer" means any person or business that employs one or more employees.
"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.
"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 exercise or participate in athletic competitions or
recreational activities or to witness sports, cultural, recreational or other events.
"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.
"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.
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"Public entrance" means every doorway or other entrance to a public place or place of employment.
"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:
Vehicles of public conveyance and all government owned vehicles;
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;
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;
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:
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
Hotel or motel rooms designated as smoking, provided that no more than ten percent
of the available rooms for rent in any single building shall be designated as smoking
rooms.
"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 and shall also include the inhaling, exhaling,
burning or carrying any activated electronic cigarette or any "alternative nicotine product" as defined under
720 Illinois Compiled Statutes 675/1.5(a), as amended from time to time.
"Village" means the Village of Buffalo Grove.
(Ord. 2007-51 §§ 2, 3, 2007; Ord. 2006-19 § 2 (part), 2006).
(Ord. No. 2016-018, § 4, 3-21-2016)
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9.32.020 - Prohibition of smoking in enclosed public places.
It is unlawful to smoke in any enclosed area of any public place.
It is 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.
(Ord. 2006-19 § 2 (part), 2006).
9.32.030 - Prohibition of smoking in places of employment.
It is unlawful to smoke in any enclosed area of any place of employment.
It is unlawful for any employer to knowingly permit smoking in any enclosed area of any
place of employment.
(Ord. 2006-19 § 2 (part), 2006).
9.32.040 - Prohibition of smoking in open air dining areas.
It is unlawful to smoke in any open air dining area.
It is unlawful to smoke within twenty feet of an open air dining area.
(Ord. 2006-19 § 2 (part), 2006).
9.32.050 - Prohibition of smoking at entrances.
It is unlawful to smoke within twenty feet of a public entrance of either a public place or a
place of employment.
It is unlawful to smoke within twenty feet of an operable window of either a public place or a
place of employment.
It is unlawful to smoke within twenty feet of a ventilation air intake of either a public place or
a place of employment.
(Ord. 2006-19 § 2 (part), 2006).
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.
(Ord. 2006-19 § 2 (part), 2006).
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9.32.070 - Exemptions.
The prohibitions on smoking set forth in this Chapter shall not apply to a private dwelling unit, unless
the dwelling is also used as a day care facility for children or adults or a health care facility.
(Ord. 2006-19 § 2 (part), 2006).
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.
(Ord. 2006-19 § 2 (part), 2006).
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 is unlawful for any person to remove, deface or obscure any sign
posted pursuant to the provisions of this section.
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.
(Ord. 2007-51 § 4, 2007: Ord. 2006-19 § 2 (part), 2006).
9.32.100 - Penalties.
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.
A person who smokes in an area where smoking is prohibited pursuant to this Chapter shall
be fined in an amount not less than one hundred dollars and not more than two hundred
fifty dollars.
A person who owns, operates, or otherwise controls a public place or place of employment
that violates this Chapter shall be fined: (1) not less than one hundred fifty dollars for the first
violation, (2) not less than five hundred dollars for the second violation within one year after
the first violation, (3) not less than two thousand five hundred dollars for each additional
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violation within one year after the first violation, and (4) such violation may result in the
suspension or revocation of any permit or license issued for the premises on which the
violation occurred.
(Ord. 2007-51 § 5, 2007: Ord. 2006-19 § 2 (part), 2006).
9.32.110 - Other applicable laws.
This Chapter shall not be interpreted or be construed to permit smoking where it is otherwise restricted
by other applicable laws.
(Ord. 2006-19 § 2 (part), 2006).
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.
(Ord. 2006-19 § 2 (part), 2006).
9.32.130 - E ective 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.
(Ord. 2006-19 § 2 (part), 2006).