O-21-07 03/12/2007VILLAGE OF LEMONT
ORDINANCE 0 ) - 07
CLEAN INDOOR AIR ORDINANCE
FOR THE VILLAGE OF LEMONT
COOK, WILL & DU PAGE COUNTIES, IL
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 12th day of March , 2007
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 12th day
of March , 2007
ORDINANCE V - I —0
VILLAGE OF LEMONT CLEAN INDOOR AIR ORDINANCE
WHEREAS, secondhand smoke contains over 4,000 chemical compounds, of which 200
are known poisons including carbon monoxide, arsenic, cyanide, benzene and
formaldehyde; and
WHEREAS, the U.S. Environmental Protection Agency classifies secondhand smoke as
a "Class A Carcinogen;" and
WHEREAS, the U.S. Center for Disease Control (CDC) estimates that 3,000 lung cancer
deaths and more than 35,000 coronary heart disease deaths occur annually among adult
nonsmokers in the United States as a result of exposure to secondhand smoke; and
WHEREAS, secondhand smoke is the third lead mg cause of preventable death in the
U.S. and causes cancer, stroke, and heart disease, and has also been linked to Sudden
Infant Death Syndrome (SIDS) and exacerbation of asthma symptoms, including
triggering asthmas attacks; and
WHEREAS, employees who work in smoke - filled businesses suffer a 25 -50% higher risk
of heart attack and higher rates of death from cardiovascular disease and cancer, as well
as increased acute respiratory disease and measurable decrease in lung function; and
WHEREAS, the American with Disabilities Act, which requires that disabled persons
have access to public places and workplaces, deems impaired respiratory function to be a
disability; and
WHEREAS, there is no known safe level of exposure to secondhand smoke; and
WHEREAS, the U.S. Surgeon General has determined that the simple separation of
smokers and nonsmokers within the same air space may reduce, but does not eliminate,
the exposure of nonsmokers to secondhand smoke; and
WHEREAS the U.S. Environmental Protection Agency has determined that secondhand
smoke cannot be reduced to safe levels in businesses by high rates of ventilation; and
WHEREAS, air cleaners, which are only capable of filtering the particulate matter and
odors in smoke, do not eliminate the known toxins in secondhand smoke; and
WHEREAS, ASHRAE (American Society of Heating, Refrigerating and Air
Conditioning Engineers) bases its ventilation standards on totally smoke -free
environments because it cannot determine a safe level of exposure to secondhand smoke,
which contains cancer- causing chemicals, and ASHRAE acknowledges that the
technology does not exist that can remove chemicals from the air that cause cancer; and
WHEREAS, exposure to secondhand smoke costs the nation $5 billion in direct medical
costs and $5 billion in indirect medical costs annually; and
WHEREAS, limiting the exposure to secondhand smoke will result in considerable
savings to taxpayers through the reduction of direct and indirect medical costs for the
Village of Lemont; and
WHEREAS, the states of California, Massachusetts, Rhode Island, Utah, Vermont,
Idaho, Connecticut, South Dakota, Maine, Delaware, Florida, New Jersey, and
Washington adopted protective clean indoor air laws that eliminate workers', patrons',
and visitors' exposure to secondhand smoke; and
WHEREAS, since 2002, ninety independent studies have concluded that there is either no
economic impact or there is a positive economic impact after the implementation of
smoke -free restaurant bar laws and laws banning smoking in the workplace; and
WHEREAS, the Village of Lemont Board of Trustees finds and declares that the
purposes of this Ordinance are (1) to protect the public health and welfare by prohibiting
smoking in all public places and places of employment, and (2) to guarantee the right of
nonsmokers to breathe smoke -free air which shall have priority over the desire to smoke.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES:
Section 1: Title
This Ordinance shall be known as the Village of Lemont Clean Indoor Air Ordinance.
Section 2: Interpretation with Other Laws
Nothing in this Ordinance supersedes any existing elimination of smoking that is already
covered by fire code restrictions.
Section 3: Definitions
The following words and phrases, wherein used in this Ordinance, shall have the
following meanings:
"Arcade" means a place of amusement, which contains four or more automatic
amusement devices and is not licensed to serve alcoholic liquor.
"Bar /Tavern" means an establishment that is devoted to the serving of alcoholic
beverages for consumption by guests and patrons on the premises and does not have an
on -site kitchen to prepare food. Food service is limited to providing snack items or
commercially prepared or wrapped foods that require no preparation.
"Business" means any sole proprietorship, partnership, joint venture, corporation, limited
liability company or other business entity formed for profit - making 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" means 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 non - profit entity.
"Employer" means any person, business, partnership, association, corporation, including
without limitation a municipal corporation, trust, or non - profit entity that employs the
services of one or more individual persons.
"Enclosed Area" means all space between a floor and ceiling that is enclosed or semi -
enclosed with (i) solid walls or windows (exclusive of doorways), which extend from the
floor to the ceiling, or (ii) solid walls with half wall petitions and no windows (exclusive
of doorways) without limitation to lobbies and corridors.
"Health -Care Facility" means any office or institution providing medical care or
treatment of diseases, whether physical, mental, or emotional, or other medical,
physiological, or psychological conditions, including without limitation hospitals, clinics,
-homes for the aging or chronically ill, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, dentists and all specialists within these
professions. The definition shall include all waiting rooms, hallways, private rooms,
semiprivate rooms, and wards within health care facilities.
"Place of Employment" means 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 childcare, adult day care, health care facility, or
home -based business of any kind open to the public.
"Public Place" means any enclosed area to which the public is invited or in which the
public is permitted, including without limitation banks, educational facilities, government
buildings, health care 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 childcare, adult daycare, health care facility, or home -based business of any kind
open to the public.
"Private Club" or "lodge" means anv not - for - profit association that: (i) has been in active
and continuous existence for at least three years; and (ii) has a membership roll of more
than 50 bona fide members who have membership dues on an annual or other periodic
basis.
"Private Function" means 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.
"Restaurant" means an eating establishment, including without limitation coffee shops,
cafeterias, sandwich shops, and private and public school cafeterias that or offers for sale,
food to the public, guests or employees, as well as kitchens and catering facilities in
which food is prepared on the premises for serving elsewhere. The term "Restaurant"
shall include, if applicable, a restaurant bar area.
"Restaurant bar area" means an area of a restaurant that is primarily devoted to the
serving of alcoholic liquor.
"Retail Tobacco Store" means 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 18 is permitted.
"Secondhand smoke" or "Involuntary smoking" is a mixture of the smoke given off by
the burning ends of a cigarette, pipe, cigar, bidis, and kreteks (sidestream smoke) grid the
smoke emitted at the mouthpiece and exhaled from the lungs of smokers (mainstream
smoke).
"Service Line" means any indoor line at which one (1) or more persons are waiting for or
receiving services of any kind, whether or not the service involves the exchange of
money.
"Shopping Mall" means any enclosed walkway or hall area that serves to connect retail or
professional establishments.
"Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette,
pipe, weed, hookah, or other lighted tobacco product in any manner or in my form.
"Enclosed or Semi - Enclosed" "Sports Arena" or "Recreational Area" means any sports
pavilion, stadium, gymnasium, health spa, boxing 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.
Section 4: Prohibition of Smoking in Public Places
Smoking shall be prohibited in all enclosed public places and places of employment
within the Village of Lemont, including without limitation the following places:
1. Arcades.
2. Aquariums, galleries, libraries, and museums.
3. Bingo facilities.
4. Bowling Alleys.
5. Convention facilities.
6. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical
recital, or other similar performance.
7. Health care facilities; adult day care facilities.
8. Day care centers, nursery schools, elementary schools, high schools, community
colleges, technical training establishments, specialty schools, colleges, and universities.
9. Lobbies, hallways and other common areas in apartment buildings, condominiums and
enclosed common areas in trailer parks.
10. Polling places.
11. Public Transportation under the authority of government agencies, including without
limitation buses, trains, taxicabs, and limousines, and ticket boarding and waiting areas of
public transit stations.
12. Restaurants, including if applicable, a Restaurant bar area.
13. Restrooms, lobbies, reception areas, hallways, and other enclosed common use areas.
14. Public elevators and all retail stores where merchandise is displayed and offered for
sale.
15. Rooms, chambers, places of meeting or public assembly, including without limitation
school buildings, under the control of an agency, board, commission, committee or
council or a political subdivision of the Village, to the extent the place is subject to the
jurisdiction of the Village.
16. Service lines.
17. Shopping malls.
18. Sports arenas or recreational areas, including without limitation, enclosed places in
outdoor areas.
19. Grocery stores.
20. Public meetings.
21. Gymnasiums.
23. Gaming facilities.
23. Public and private school buildings.
Section 5: Reasonable Distance
Smoking is prohibited within fifteen (15) feet of any entrance to an enclosed area in
which smoking is prohibited.
Section 6: Where Smoking is not Regulated.
Notwithstanding any other provision of this Article to the contrary, the following areas
shall be exempt from the provisions this Ordinance, provided smoking is not limited in
such areas under the Illinois Clean Indoor Air Act.
1. Private residences, except when used as a licensed childcare, adult day care facility,
health care facility, or a home -based business of any kind open to the public.
2. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking
rooms provided, however, that not more than twenty-five percent (25 %) of the rooms
rented to guests in a hotel or motel may be so designated.
3. Private and semi - private rooms in nursing homes and low -term care facilities that are
occupied by one or more persons, all of whom are smokers and have requested in writing
to be placed or to remain as the case may be, in a room where smoking is permitted.
4. Private clubs or lodges.
Section 7: Declaration of Establishment as Non - smoking.
Notwithstanding any other provision of this Ordinance, an owner operator, manager, or
other person in control of an establishment, facility, or outdoor area may declare that
entire establishment, facility, or outdoor area as a non - smoking place. Smoking shall be
prohibited in any place in which a sign conforming to the requirements of this Ordinance
is posted.
Section 9: Enforcement
A. Any law enforcement agency, code enforcement official and certified local public
health department with jurisdiction shall be authorized to enforce this Ordinance within
its jurisdiction. The certified local public health department is the Cook County
Department of Public Health, except within those areas within Cook County which are
served by another local health department certified by the Illinois Department of Public
Health, in which case said certified local health department shall be authorized to enforce
the Ordinance.
B. Any citizen who desires to register a complaint under this Ordinance may file a
complaint with the Village of Lemont.
C. The Cook County Department of Public Health, while an establishment is undergoing
other public health inspections, inspect for compliance with this Ordinance.
D. Any owner, manager, operator, or employee of an establishment regulated by this
Ordinance shall inform persons violating this Ordinance of the appropriate provisions
thereof.
E. In addition to the remedies provided by the provisions of this Ordinance, the
applicable certified local health department or any person aggrieved by the failure of the
owner, operator, manager of other person in control of a public place or a place of
employment to comply with the provisions of this Section may apply for injunctive relief
to enforce these provisions in any court of competent jurisdiction.
Section 10: Violations and Penalties
A. A person who smokes in an area where smoking is prohibited by this
Ordinance shall be guilty of an infraction, punishable by a fine not more than one
hundred dollars ($100).
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 Ordinance shall be
guilty of an infraction, punishable by:
1. A fine not exceeding one hundred dollars ($100) for the first violation.
2. A fine not more than five hundred dollars ($500) for the second violation within one
(1) year of the first violation.
3. A fine not more than two thousand five hundred dollars ($2500) for each additional
violation within one (1) year 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.
C. Each day on which a violation of this Ordinance occurs shall be considered a separate
and distinct violation.
Section 12: Other Applicable Laws
This Ordinance shall not be interpreted or be construed to permit smoking where it is
otherwise restricted by other applicable laws.
Section 14: Severability
If any provision, clause, sentence or paragraph of this Ordinance or the application
thereof to any person or circumstances shall be held invalid by a court of competent
jurisdiction, such invalidity shall not affect the other provisions of this Ordinance which
can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Section 15: Effective Date
This ordinance shall take effect July l St, 2008.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, ILLINOIS on
this 12`h day of March , 2007.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
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JOHN F PIAZZA, Vill • ge P s dent
ARLENE SMOLLEN, Village Clerk