G55-89 Ordinance No. G55-89
AN ORDINANCE
PROHIBITING SMOKING IN PUBLIC PLACES
WHEREAS, studies by the Surgeon General of the United States, the National
Academy of Sciences, and other health organizations have linked passive exposure to
tobacco smoke (second-hand smoke) to a variety of negative health conditions in non-
smokers; and
WHEREAS, the Council of the City of Elgin seeks to strike a reasonable balance
between the rights of smokers and nonsmokers by regulating smoking in certain public
places and places of employment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. Definitions.
(a) ASSEMBLY HALLS means every room, chamber place of meeting or public
assembly, including school buildings under the control of any board, council, commission,
committee, including joint committees or agencies of the city or any political subdivision
of the state during such time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the city.
romk (b) BAR includes a business or any area within a business which is primarily used
for the sale and consumption of alcoholic beverages and where food is not regularly
served or the sale and consumption of food is secondary to that of alcoholic beverages.
(c) BUSINESS means any sole proprietorship, partnership, joint venture or other
business entity formed for profit-making purposes, including retail establishments where
goods or services are sold as well as professional cooperotions and other entities where
legal, medical, dental, engineering, architectural or other professional services are
de livered.
(d) DINING AREA constitutes any building containing a counter or table upon
which meals are served.
(e) EMPLOYEE means any person who is employed by any employer in the
consideration for direct or indirect monetary wages or profit, and any person who
volunteers his or her services for a non-profit entity.
(f) HEALTH FACILITIES include all patient bed areas, wards, semiprivate rooms,
hallways and waiting rooms of all health institutions.
(g) MOTION PICTURE THEATRE means any theatre engaged in the business of
exhibiting motion pictures.
(h) NONPROFIT ENTITY means any corporation, unincorporated association or
other entity created for charitable, philanthropic, educational, character building,
political, social or other similar purposes, the net proceeds from the operation of which
are committed to the promotion of the objects or purposes of the organization and not to
private financial gain.
(i) PLACE OF EMPLOYMENT constitutes all areas within any building under the
control of a business, nonprofit entity or governmental body which employees normally
frequent during the course of employment.
(j) PRIVATE OFFICE constitutes any room or area within a place of employment
which is designated for use by a specific number of employees, all of whom are smokers,
and such room is enclosed on all sides by walls which extend from floor to ceiling, doors
and windows.
(k) PUBLIC PLACE constitutes my area within a building or vehicle to which the
public is invited or in which the public is permitted.
(I) RESTAURANT means my coffee shop, cafeteria, luncheonette, tavern,
cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, or
other eating establishment, organization, club, boardinghouse, or guesthouse which gives
or sells food to guests, patrons or employees, and is not defined in this section as a bar.
(m) RETAIL TOBACCO STORE means a retail store utilized primarily for the
sale of tobacco products and accessories and in which the sale of other products is
merely incidental.
(n) SERVICE LINE means any indoor line at which one or more persons are
waiting for or receiving service of any kind, whether or not the service involves the
exchange of money.
(o) SMOKING means inhaling, burning or carrying any lighted cigar, cigarette,
pipe, reed, plant or any other combustible substance in any manner or in any form.
(p) SPORTS ARENA means sports pavilions, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, and other similar places where members of
the general public assemble either to engage in physical exercise, participate in athletic
competition or witness sports events.
(q) THEATRE includes any building not open to the sky which is primarily
designated for the purpose of exhibiting any motion picture, stage, drama, lecture
musical recital, or other similar performance.
(r) PUBLIC TRANSPORTATION FACILITIES AND VEHICLES include buses, taxi
cabs, and other means of public means of public transportation as well as ticket,
boarding, and waiting areas of Qll public transit depots.
Section 2. Prohibition of Smoking in Public Places. Smoking is unlawful in all
public places within the City of Elgin with the following exceptions:
Bars and bar areas of restaurants.
Bowling establishments.
Retail tobacco stores.
Restaurants with fewer than forty seats.
Restaurants, public and private assembly rooms while these places
are being used for private functions.
•
Hotel and motel rooms rented to guests. •
Private clubs when used for private functions wherein the general
public is not admitted without an invitation.
Ticket, boarding, and waiting areas of public transit depots which
have a designated nonsmoking area that shall be at least fifty percent
(50%) of the total area.
Restaurants with a seating capacity of more than forty (40) persons
which have a designated nonsmoking area that shall be at least fifty
percent (50%) of the total area.
Lobbies in buildings used for the purpose of exhibition of motion
pictures, stage productions, lectures and music recifals which have a
designated nonsmoking area that shall be at least fifty percent (50%) of the
total area.
Lobbies of sports arenas, convention halls, aquariums, galleries,
libraries and museums which have a designated nonsmoking area that shall
be at least fifty percent (50%) of the total area.
Hospital waiting areas which have a designated nonsmoking area that
shall be at least fifty percent (50%) of the total area.
Section 3. Regulation of Smoking in Places of Employment. Smoking shall be
prohibited in all areas within places of employment with the following exceptions:
Private offices occupied exclusively by smokers.
Cafeterias which have a designated nonsmoking area of at least fifty
percent (50%) of the total seating capacity.
Lounges, lobbies and other nonworking areas which have a designated
nonsmoking area of at least fifty percent (50%).
Section 4. Posting of Placing of Signs.- Any area to be designated as nonsmoking
shall post and maintain "no smoking" signs and/or post and maintain the international no
smoking symbol in a conspicuous place. The signs shall be posted at least five (5) feet
but not more than eight (8) feet above the floor level with letters not less than one inch
(1") in height. The owner, operator, manager or other person having control of such
places shall be responsible for the timely and proper posting of these signs. Signs shall be
of sufficient number and prominent location to convey the message clearly and legibly.
Enforcement. Enforcement of this ordinance shall be by the Bureau of Inspection
Services by any or all of the following actions:
I. Serving notice requiring the correction of any violation of this
article.
2. Calling upon the City Attorney to maintain an action for injunc-
tion directing the correction of any such violation and for assessment and
recovery of the civil penalty.
r
3. Issuing a citation ordering payment of the civil penalty or, in
the alternative, appearance before the court to contest assessment of the
penalty.
Section 5. Violations and Penalties. •
It shall be unlawful for any person who owns, manages, operates or otherwise
controls the use of any premises regulated by the ordinance to fail to comply with any of
its provisions.
It shall be unlawful for any person to smoke in any area where smoking is prohibited
by the provisions of this ordinance.
Any person who violates any provision of this ordinance shall be guilty of an offense
punishable by a fine not less than ten dollars ($10) and not more than twenty-five dollars
($25) for each separate offense. Each day such violation continues shall constitute a
separate offense.
Section 6. That this ordinance shall be in full force and effect from and after
January 2, 1990.
s/ George VanDeVoorde
elk George VanDeVoorde, Mayor
Presented: June 14, 1989
Passed: June 14 , 1989
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
6/ Marie Yeerman
Marie Yearman, City Clerk
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