HomeMy WebLinkAboutORDINANCES-2007-081-O-07• 10/8/2007
8/16/2007
81-0-07
AN ORDINANCE
Amending Various Sections of the
Evanston Clean Air Ordinance
WHEREAS, the City of Evanston is a home rule unit of government
under Article VII of the 1970 Illinois Constitution; and
WHEREAS, the City, as a home rule unit of government, has the
authority to adopt ordinances and to promulgate rules and regulations governing
smoking that protect the public health, safety, and welfare of its citizens; and
WHEREAS, the Evanston City Council adopted Ordinance
• 10-0-06, the "Clean Air Act — Smoking" (the "Ordinance"), codified as Title 8,
Chapter 21 of the Evanston City Code of 1979, as amended ("City Code"); and
WHEREAS, Governor Blagojevich signed Public Act 095-0017, the
"Smoke Free Illinois Act" (the "Act"), into law on July 23, 2007; and
WHEREAS, Section 65 of the Act states that:
any home rule unit of local government... may regulate smoking in
public places, but that regulation must be no less restrictive than
this Act. This subsection (a) is a limitation on the concurrent
exercise of home rule power under subsection (i) of Section 6 of
Article VII of the Illinois Constitution; ...
and
WHEREAS, various portions of the Ordinance, are in fact less
0 restrictive than the Act; and
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WHEREAS, at its September 17, 2007, meeting, the Human •
Services Committee considered amendments to the Ordinance that correspond
to, if not exceed, the more restrictive provisions of the Act and recommended City
Council approval thereof; and
WHEREAS, at its September 24, 2007, and October 8, 2007,
meetings, the City Council considered, amended, and adopted the records and
recommendations of the Human Services Committee, as amended,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 8-21-3 of the City Code is hereby
further amended to read as follows:
8-21-3: DEFINITIONS:
The following words and phrases, whenever used in sections 8-21-4 through
8-21-9 of this chapter, shall have the following meanings:
ARCADE: A public place of amusement as defined in title 3, chapters 6 and 8 of
this code, which contains automatic amusement devices and is not licensed to
serve alcoholic liquor.
BUSINESS: Any sole proprietorship, partnership, joint venture, corporation,
limited liability company or other business entity formed for profitmaking
purposes, including, without limitation, retail establishments where goods or
services are sold as well as professional corporations and other entities where
legal, medical, dental, engineering, architectural, or other professional services
are delivered.
EMPLOYEE: Any person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and a person who volunteers his or
her services for a nonprofit entity.
•
EMPLOYER: Any person, business, partnership, association, corporation, •
including, without limitation, a municipal corporation, trust, or nonprofit entity that
employs the services of one or more individual persons.
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• ENCLOSED AREA: All space between a floor and a ceiling, that is enclosed or
semienclosed with: a) solid walls or windows (exclusive of doorways), or b) solid
walls with half wall partitions and no windows (exclusive of doorways) which
extend from the floor to the ceiling, without limitation to lobbies and corridors.
ENCLOSED OR SEMIENCLOSED SPORTS ARENA OR RECREATIONAL
AREA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena,
wrestling arena, swimming pool, roller and ice rink, bowling alley, and other
similar places where members of the general public assemble either to engage
in physical exercise, or participate in athletic competition or recreational activity,
to witness sports, cultural, recreational or other events.
HEALTHCARE FACILITY: Any office or institution providing care or treatment
of diseases, whether physical, mental, or emotional, or other medical,
physiological, or psychological conditions, including, without limitation,
hospitals, rehabilitation hospitals, clinics, nursing homes, homes for the aging or
chronically ill, retirement hotels, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, dentists, and all specialists within
these professions. This definition shall include all waiting rooms, hallways,
private rooms, semi private rooms and wards within health care facilities. This
definition specifically excludes licensed long term care facilities.
• PERFORMANCE ENTERTAINMENT VENUE: A commercial land use in which
the principal activity is the provision of performance entertainment in a
nontheatrical setting without a theatrical stage other than a raised platform or
without fixed seating. A performance entertainment venue may or may not,
subject to all applicable legislation, include the service of alcoholic liquor, and
may or may not allow dancing. A performance entertainment venue is not an
establishment in which the principal use is the service of prepared food and
beverages and in which the land user provides entertainment as an accessory or
incidental to the service of prepared food and beverages, nor is a performance
entertainment venue a cultural facility in which performance entertainment is
provided in a theatrical setting or with fixed seating.
A performance entertainment venue includes, without limitation:
(A) Live music venues;
(B) Venues for the provision of musical entertainment which is not live
for compensation;
(C) Dance or "DJ" (disc jockey) halls or clubs in which, for
• compensation, live or recorded musical entertainment is provided
with or without a dance floor;
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(D) Comedy clubs; and •
(E) Rap clubs.
PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or
private employer that employees frequent during the course of employment,
including, without limitation, work areas, employee lounges, restrooms,
conference rooms, classrooms, employee cafeterias, hallways and vehicles. A
private residence is not a "place of employment" unless it is used as a residential
care home, a child residential care home, childcare, adult daycare, healthcare
facility or home based business of any kind open to the public.
PRIVATE FUNCTION: A gathering of persons for the purpose of deliberation,
education, instruction, entertainment, amusement or dining where membership
or specific invitation is a prerequisite to entry and where the event is not intended
to be open to the public.
PUBLIC PLACE: Any enclosed area to which the public is invited or in which the
public is permitted, including, without limitation, banks, educational facilities,
government buildings, healthcare facilities, laundromats, museums, public
transportation facilities, reception areas, restaurants, bars/taverns, retail food
production and marketing establishments, retail service establishments, retail •
stores, shopping malls, sports arenas, theaters, and waiting rooms. A private
residence is not a "public place" unless it is used as a residential care home,
child residential care home, childcare, adult daycare, healthcare facility or home
based business of any kind open to the public.
RESTAURANT: Any retail "food establishment," as that term is defined in
section 8-8-2 of this title. The term "restaurant" shall include, if applicable, a
restaurant bar area.
RESTAURANT BAR AREA: An area of a restaurant that is primarily devoted to
the serving of alcoholic liquor.
RETAIL TOBACCO STORE: Any retail store utilized primarily for the sale of
tobacco products and accessories, and in which the sale of other products is
merely incidental and where no one under eighteen (18) is permitted. "Retail
tobacco store" does not include a tobacco department or section of a larger
commercial establishment or any establishment with any type of liquor, food, or
restaurant license.
SERVICE LINE: Any indoor line at which one or more persons are waiting for or
receiving services of any kind, whether or not the service involves the exchange
of money.
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• SHOPPING MALL: Any enclosed walkway or hall area that serves to connect
retail or professional establishments.
SMOKE OR SMOKING: Inhaling, exhaling, or carrying any lighted and/or
burning smoking materials. "Smoking" does not include the burning or carrying of
incense in a religious ceremony or the use of matches or lighters for nonsmoking
purposes. "Smoke" shall also mean the byproduct of the burning of any smoking
materials.
SMOKING MATERIALS: Any cigar, cigarette, pipe, weed, plant or other organic
substance grown, manufactured or processed which is intended to be used for
smoking in any form. "Smoking materials" do not include candles, incense or
other similar items.
SECTION 2: That Section 8-21-7 of the City Code is hereby
further amended to read as follows:
8-21-7: WHERE SMOKING IS NOT REGULATED:
Notwithstanding any other provision of this Chapter to the contrary, the following
• areas shall be exempt from the provisions of Sections 8-21-5 and 8-21-6 of this
Chapter:
(A) Private residences, except when used as a licensed childcare, adult care
facility, healthcare facility, or a home based business of any kind open to
the public, provided that smoke from these places does not infiltrate into
areas where smoking is prohibited under the provisions of this Chapter.
(B) Hotel and motel sleeping rooms that are rented to guests and are
designated as smoking rooms provided, however, that all smoking rooms
on the same floor must be contiguous and smoke from these places must
not infiltrate into areas where smoking is prohibited under the provisions
of this Chapter. Not more than twenty five percent (25%) of the rooms
rented to guests in a hotel or motel may be designated as rooms where
smoking is allowed. The status of rooms as smoking or nonsmoking may
not be changed, except to permanently add additional nonsmoking rooms.
(C) Retail tobacco stores in operation prior to the effective date of Ordinance
81-0-07, provided that smoke from these places does not infiltrate into
areas where smoking is prohibited under the provisions of this Chapter.
Any retail tobacco store that begins operation after the effective date of
• Ordinance 81-0-07 may- only qualify for an exemption if the store is
located in a freestanding structure, occupied solely by the business, and
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smoke therefrom does not migrate into an enclosed area where smoking •
is prohibited.
(D) Private clubs or lodges, as defined in section 5-2-1 of this Code.
SECTION 3: That Section 8-21-11 of the City Code is hereby
further amended to read as follows:
8-21-11: VIOLATIONS AND PENALTIES:
(A) A person who smokes in an area where smoking is prohibited by this
Chapter shall be guilty of an infraction, punishable by a fine not less than
one hundred dollars ($100.00) and not more than five hundred dollars
($500.00).
1. Each day on which a violation of this Chapter occurs shall be
considered a separate and distinct violation.
(B) A person who owns, manages, operates or otherwise controls a public
place or place of employment and who fails to comply with the provisions
of this Chapter shall be guilty of an infraction, punishable by: •
1. A fine of two hundred fifty dollars ($250.00) for the first violation.
2. A fine of five hundred dollars ($500.00) for the second violation
within one year of the first violation.
3. A fine of two thousand five hundred dollars ($2,500.00) for each
additional violation within one year of the first violation and a sixty
(60) day suspension or revocation of any permit or license issued
to the person for the premises on which the violation occurred.
4. Each day on which a violation of this Chapter occurs shall be
considered a separate and distinct violation.
SECTION 4: That Title 8, Chapter 21 of the City Code is hereby
further amended by adding a new Section 8-21-14 to read as follows:
8-21-14: POSTING OF SIGNS; REMOVAL OF ASHTRAYS:
(A) "No Smoking" signs or the international "No Smoking" symbol, consisting •
of a pictorial representation of a burning cigarette enclosed in a circle with
a bar across it, shall be clearly and conspicuously posted in each public
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• place and place of employment where smoking is prohibited by this
Chapter by the owner, operator, manager, or other person in control of
that place.
(B) Each public place and place of employment where smoking is prohibited
by this Chapter shall have posted at every entrance a conspicuous sign
clearly stating that smoking is prohibited.
(C) 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: That Title 8, Chapter 21 of the City Code is hereby
further amended by adding a new Section 8-21-15 to read as follows:
8-21-15: DESIGNATION OF OTHER NON-SMOKING AREAS:
Notwithstanding any other provision of this Chapter, any employer, owner,
occupant, lessee, operator, manager, or other person in control of any public
• place or place of employment may designate a non -enclosed area of a public
place or place of employment, including outdoor areas, as an area where
smoking is also prohibited provided that such employer, owner, lessee or
occupant shall conspicuously post signs prohibiting smoking in the manner
described in 8-21-14 of this Chapter.
SECTION 6: That Section 8-21-16 of the City Code is hereby
further amended to read as follows:
8-21-6: REASONABLE DISTANCE:
Smoking is prohibited within twenty five feet (25') of any entrances, exits,
windows that open, ventilation intakes, or other means by which smoke may
infiltrate into an enclosed area in which smoking is prohibited.
SECTION 7: That Section 8-21-9 of the City Code is hereby
further amended to read as follows:
8-21-9: NONRETALIATION:
• No individual may be discriminated against in any manner because of the
exercise of any rights afforded by this Chapter.
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•
SECTION 8: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 9: That if any provision of this Ordinance 81-0-07 or
application thereof to any person or circumstance is held unconstitutional or
otherwise invalid, such invalidity shall not affect other provisions or applications
of this Ordinance 81-0-07 that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of this Ordinance
is severable.
SECTION 10: That this Ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner
provided by law. •
Introduced:`-;�'�11-,''r-D-`� , 2007 Approved:
I
Adopted: 0 -6ZiLi x- ?/ , 2007 , 2007
rraine H. Morton, Mayor
Attest: Appro ed as to form:
Mary or' ity Clerk Cor tion Counsel
•