HomeMy WebLinkAboutOrdinance 09-O-26 Amending City Code Title 8, Chapter 18, Section 5, Prohibition of Smoking (2) (1)
1/12/2026
09-O-26
AN ORDINANCE
Amending City Code Title 8, Chapter 18, Section 5
“Prohibition of Smoking”
WHEREAS, Title 8, Chapter 18, Section 5 of the City Code prohibits
smoking at or on certain types of property, including certain City-owned property,
namely “beaches,” “playgrounds,” and “tot lots,” “; and
WHEREAS, the City of Evanston Parks & Recreation Board unanimously
approved a prohibition on smoking in City parks on October 17, 2014; and
WHEREAS, despite the approval of the Parks & Recreation Board, City
parks were excluded from the list in the Evanston City Code of locations where smoking
is prohibited, likely in error; and
WHEREAS, without the express inclusion of “parks” in City Code Section
8-18-5, enforcement may be subject to inconsistent interpretation by City staff and
residents, given that not all City-owned outdoor recreation space can be characterized
as a “beach, tot lot, or playground”; and
WHEREAS, the Evanston City Council finds it is in the best interests of
the City to amend the City Code to include City parks in Section 8-18-5,
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Title 8, Chapter 18, Section 5 “Prohibition of Smoking” of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
8-18-5. PROHIBITION OF SMOKING.
Page 1 of 4
09-O-26
Smoking shall be prohibited in the following places:
Aquariums, galleries, libraries, and museums.
Arcades.
Beaches.
Bingo facilities.
Businesses.
Convention facilities.
Daycare centers, nursery schools, elementary schools, high schools, community
colleges, technical training establishments, specialty schools, colleges and
universities.
Facilities used for exhibiting a motion picture, stage, drama, lecture, musical recital,
or other similar performance.
Government vehicles used for City business such as maintenance trucks or fleet
vehicles.
Grocery stores.
Gymnasiums.
Healthcare facilities.
Lobbies, hallways, and other common areas in apartment buildings and
condominiums, and housing cooperatives.
Performance entertainment venues, subject to Section 8-18-7 of this Chapter.
Playgrounds and tot lots.
Polling places.
Public and private school buildings.
Public elevators and all retail stores where merchandise is displayed and offered for
sale.
Public meetings.
Public parks.
Public transportation facilities under the authority of government agencies,
including, without limitation, buses, trains, taxicabs and limousines, and ticket,
boarding and waiting areas of public transit stations.
Restaurants, subject to Section 8-18-7 of this Chapter.
Restrooms, lobbies, reception areas, hallways, and other enclosed common use
areas.
Rooms, chambers, places of meeting or public assembly, including, without
limitation, school buildings under the control of an agency, board, commission,
Page 2 of 4
09-O-26
committee or council, of the City or a political subdivision of the state, to the extent
the place is subject to the jurisdiction of the City.
Service lines.
Shopping malls.
Sidewalk cafes licensed by the City.
Sports arenas or recreational areas, including, without limitation, enclosed places in
outdoor arenas.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2026
Adopted: ___________________, 2026
Approved:
__________________________, 2026
_______________________________
Daniel Biss, Mayor
Page 3 of 4
January 12
February 23
Attest:
_______________________________
Stephanie Mendoza, City Clerk
09-O-26
Approved as to form:
______________________________
Alexandra B. Ruggie, Corporation Counsel
Page 4 of 4