G48-15 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:
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"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.
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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
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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
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