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HomeMy WebLinkAboutG48-15 Ordinance No. G48-15 AN ORDINANCE AMENDING CHAPTER 9.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "SMOKING PROHIBITED IN PUBLIC PLACES" TO PROVIDE FOR SMOKING AND TOBACCO USE REGULATIONS WHEREAS, the City Council of the City of Elgin finds that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to public health, and that second hand tobacco smoke causes harmful side effects and illness; and WHEREAS,the Illinois General Assembly has previously adopted the Smoke Free Illinois Act at 410 ILCS 82/1, et seq.; and WHEREAS,the Smoke Free Illinois Act includes limits on home rule units whereby home rule units may regulate smoking in public places but that regulation must be no less restrictive than in the Smoke Free Illinois Act; and WHEREAS,the Smoke Free Illinois Act is applicable,and is in full force and effect,within the City of Elgin; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt the provisions of the Smoke Free Illinois Act and to adopt further regulations prohibiting the use of tobacco products in city parks; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, regulations pertaining to prohibiting smoking in public places, places of employment and in government vehicles and prohibiting the use of tobacco products in public parks pertain to public health and welfare; and WHEREAS, regulations protecting public health and welfare pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.50 of the Elgin Municipal Code, 1976, as amended, entitled "Smoking Prohibited in Public Places" be and is hereby further amended in its entirety to read as follows: s "Chapter 9.50 SMOKING AND TOBACCO USE REGULATIONS 9.50.010: DEFINITIONS: Words or phrases as used in this chapter shall be defined as provided in the Smoke Free Illinois Act at 410 ILCS 82/1, et seq., as amended, except as otherwise provided herein. PARKS: A park, conservation area, playground, recreation facilities or other area in the city that is owned or operated by the City of Elgin for such purposes or which is designated by the city council as a park,including,without limitation,unenclosed exterior areas, buildings and parking lots located on the same property as the park. Notwithstanding the foregoing, for the purposes of this chapter, parks shall not include city golf courses, the festival park lawn area and the city sports complex athletic fields during such times the sports complex athletic fields are programed for organized adult athletic events. TOBACCO PRODUCT: Any lighted or unlighted cigarette, electronic nicotine delivery system (ENDS), cigarillos, pipes, hookah products, marijuana, herbs and any other smoking product, including smokeless, spit or spitless, dissolvable, or inhaled tobacco, including but not limited to dip, chew, snuff or snus, and all nicotine delivery devices that are not FDA approved as cessation products. 9.50.020: ADOPTION OF THE SMOKE FREE ILLINOIS ACT: The provisions of the Smoke Free Illinois Act, 410 ILCS 82/1, et seq., as amended, are hereby adopted. No person shall smoke, or use an e-cigarette, in any place within the City of Elgin within which smoking is prohibited pursuant to the Smoke Free Illinois Act, as amended. In the event of a conflict between the Smoke Free Illinois Act and the provisions of this chapter, the most restrictive provision shall control. 9.50.030: PROHIBITION ON USE OF TOBACCO PRODUCTS IN CITY PARKS: No person shall smoke, chew, snuff, inhale, ingest or otherwise use any tobacco product in city parks. 9.50.040: VIOLATION AND PENALTY: A. It is unlawful for any person to smoke in an area where smoking is prohibited provided by the provisions of this chapter. It is unlawful for any person to use tobacco in any area where tobacco use is prohibited by the provisions of this chapter. It is unlawful for any person who owns, operates or otherwise controls a public place or place of employment to fail to comply with any of the provisions of this chapter. 2 B. A person who smokes in an area where smoking is prohibited under Section 15 of the Smoke Free Illinois Act shall be fined in an amount that is One Hundred Dollars ($100.00) for a first offense and Two Hundred and Fifty Dollars ($250.00) for each subsequent offense. A person who owns, operates or otherwise controls a public place or place of employment that violates Section 15 or Section 20 of the Smoke Free Illinois Act shall be fined (1) Two Hundred and Fifty Dollars ($250.00) for the first violation, (2)Five Hundred Dollars($500.00)for the second violation within one year after the first violation,and(3)Two Thousand and Five Dollars($2,500.00) for each additional violation within one year after the first violation. A person who uses a tobacco product in a city park in violation of this chapter shall be fined in an amount that is One Hundred Dollars($100.00) for a first offense and Two Hundred and Fifty Dollars ($250.00) for each subsequent offense. 9.50.050: SEVERABILITY: If any provision, clause, sentence, paragraph, section or a part of the Smoke Free Illinois Act or this chapter or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competence jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or otherwise invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or a part thereof directly involving the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part that have not been included." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. ■tain, ayor 3 Presented: December 2, 2015 Passed: December 2, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 2, 2015 Published: December 4, 2015 Attest imberly Dewis, City Clerk .';`""��N�S s 4 �i� , `, f. ,. \ O ... S RPOR:A1 4