Each of the following enumerated acts or omissions is hereby declared to constitute a public nuisance and shall constitute a violation of this municipal code. In addition, it shall be a public nuisance and shall constitute a violation of this Municipal Code to commit any offense or permit a condition or use of property which is in fact a nuisance according to the common law, other ordinances of the village, or the statutes of the State of Illinois, or which deleteriously affects public health, welfare, or safety, or greatly offends the public morals or decency.
(A) Animals.
(1) Animal carcasses. To cause or permit the carcass of any dead animal or vegetable matter, slops, swill, suds, garbage, filth, stable drippings or other offal or noisome substance of any kind to be collected, deposited or remain in any place, except in approved covered containers and then only long enough to be properly disposed of.
(2) Unclean animal shelter. To keep, cause or suffer to be kept upon any premises any chicken coop, chicken house or pen; or to keep, cause or suffer to be kept upon any premises any stable, kennel, doghouse, dog-run or other structure or place for the retaining, care or shelter of any fowls or animals in an unclean, unsanitary or filthy condition.
(3) Grazing of animals. To allow or permit the grazing or riding of animals upon parkways, or on private property without the permission of the owner thereof, nor in such a manner as to interfere with anyone walking upon the public sidewalks, or that they may cause damage to ornamental plantings.
(4) Certain animals and fowl prohibited. To own, keep or use any railroad car, yard, pen, place, structure or premise, in or upon which cattle, swine, chickens, fowl or other livestock shall be confined or kept, unless the aforementioned animals are kept in conformance with the conditions of a special use permit granted pursuant to the provisions of the Code of the village.
(5) Permitting offensive animal noises. To keep or permit to be kept upon any premises any dog or other animal or fowl emitting loud, frequent and continuous offensive noises.
(6) Ground feeding. Ground feeding of animals and/or birds, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, opossum, skunk, ducks, geese. To spread, cast, deposit or dump food, including birdseed, corn, bread pieces, food scraps, animal chow or any like or similar substance on any public or private property in the village. Aboveground bird feeders shall be permitted as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds.
(B) Dogs.
(1) Permitting dogs to discharge fecal matter or to urinate on public or private property. To suffer or permit any dog owned or under one's control to deposit or discharge any fecal matter or to urinate upon any public or private property other than upon the property of the owner or person having control of the dog. The words FECAL MATTER and URINATE shall have the following meanings:
FECAL MATTER is hereby defined as waste matter or excrement discharged from the intestines; and
URINATE is hereby defined as the act or process of passing or discharging a fluid from the kidneys known as urine.
(2) Dangerous, fierce, vicious dogs. To own or permit any dangerous, fierce or vicious dog to be found at large in the streets or public ways or upon the private premises of any person other than the owner or keeper of the dog.
(3) Authority to slay dangerous dogs. Any dangerous, fierce or vicious dog running at large in the streets or public places of the Village, or upon private premises of any other person than the owner or keeper is hereby declared to be a nuisance, and the dog may be slain by any police person.
(4) Dogs running at large. To own or permit any dog upon the streets or in public places or upon private property other than that of the owner or keeper unless such dog is firmly held on a leash, is muzzled or is in an enclosed vehicle.
(C) Dangerous and offensive conditions.
(1) Offensive substances. To throw or deposit any night soil, dead animal, offal, compost or other offensive or noisome substance upon any lot, street, alley, park or other public place or in any watercourse, pond, spring or well.
(2) Offensive smells. To so conduct any business or use of any premises as to create an offensive smell which taints the air or renders it unwholesome or disagreeable to the neighborhood.
(3) Dense or offensive smoke. To cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other device.
(4) Obstructing watercourses. To obstruct any watercourse, ravine or gutter so as to cause water to stagnate therein, or to permit foul or stagnant water to stand upon any premises.
(5) Polluting water. To pollute, corrupt, contaminate or render unwholesome or impure the water of any drinking hydrant, water main, reservoir, storm sewer, spring, stream, pond or lake.
(6) Unsanitary buildings or premises. To prevent any building, structure or premises to become a breeding place for rats or other vermin or to permit the building, structure or premises to remain in an unclean or unsanitary condition so as to be prejudicial or dangerous to the health of individuals or the public.
(7) Offensive business: To erect, maintain or use any building or other place for a rendery, tallow chandlery, glue factory, tannery, slaughtering house, packing house, rendering establishment, bone factory or without limitation to the foregoing, for any trade, employment or manufacture which by occasioning noxious exhalations or otherwise, is offensive and dangerous to health of individuals or the public.
(8) Dangerous buildings, structures or premises. To permit any building, structure or premises to become or remain in an unsafe or dilapidated condition so as to pose a danger to public health, safety or welfare.
(9) Stagnant water. To allow stagnant water to accumulate or stand in swimming pools, ornamental ponds or fountains, and other containers so as to enhance or promote the breeding of mosquitoes or other unhealthful insects and the resulting danger to public health, safety and welfare. For purposes of this section, STAGNANT WATER shall mean any accumulation of water which does not circulate at all times with sufficient velocity to prevent the existence of any “dead” or non-moving spots.
(D) Garbage and rubbish.
(1) Open rubbish.
(a) To allow, cause or permit rubbish to be set out upon the parkways, at the rear of store buildings, or other places, for the purpose of being picked up by a rubbish collector, in containers which are not suitable or which permit or allow the rubbish contents to be scattered or blown around, causing an unclean condition to the annoyance, prejudice or discomfort of others.
(b) To place, cause or permit any tangible thing to be placed upon or permitted to remain upon any parkway within the village, except for the purpose of being picked up by a regularly scheduled scavenger service; to allow or permit the placement of items for pickup by a scavenger service upon any parkway sooner than one day before the regularly scheduled day for pickup; to allow or permit containers or other tangible things to remain upon any parkway beyond the day following the regularly scheduled day for scavenger service pickup.
(2) Garbage or refuse on premises. To cause or permit to remain on any premises garbage, offal, refuse, ashes, miscellaneous waste or any animal or vegetable matter which is likely to become offensive or injurious to health or to be blown about by the wind, for a longer period of time than 24 hours at any one time, except in metal or concrete containers with tight fitting covers thereon from which regular garbage collection is made at least once a week, provided, however, that grass clippings and leaves only may be contained in plastic bags or paper bags clearly marked as yard waste.
(3) Garbage and debris.
(a) To permit or maintain an unsightly yard, lot or premises where there is an accumulation or deposit of tin cans, glass jars, bottles, metal materials, refuse, rubbish, junk, waste, manure, straw, weeds, tree stumps, tree clippings, brush, firewood, discarded or broken building materials, discarded sod, old lumber, old brick or concrete blocks, machinery or parts thereof, or other like matter or things. It shall be unlawful for any person owning, leasing, occupying or controlling any plot of real estate to permit the accumulation or deposit of the aforesaid garbage and debris except as hereinafter provided.
(b) Discarded or broken building materials incident to construction on the site where the debris is located shall not remain on the plot for more than seven days. Failure to remove the building materials within seven days or permitting the deposit or accumulation of any of the other garbage or debris described in division (D)(1) above for any period of time shall constitute a violation of this section.
(c) An authorized village official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the village upon which such a nuisance is found to exist, requiring them or any of them to remove the garbage and debris constituting a nuisance within 24 hours. The notice or citation will be served in one of the following manners:
1. By a written notice sent by United States certified mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate and as to the owner the notice may be addressed to the address shown on the most recent tax bill for the real estate.
2. By general notice addressed to all owners, lessees, occupants or persons controlling real estate printed in a newspaper of general circulation in the village, which notice shall direct attention to the provisions of this section and provide that the garbage and debris shall be removed not later than ten days after the notice is so printed. The notice is authorized to be printed once in each month from April through September in each year as the Director of Development Services shall deem necessary.
3. By a written notice personally delivered by the village official or representative to the person owning, leasing, occupying or controlling the real estate.
(d) In the event any person so notified shall fail or refuse to comply with the notices or citations, it shall be lawful for the village to cause the garbage and debris to be removed in any manner it shall designate, and to charge the cost of the removal to any person owning, leasing, occupying or controlling the real estate. The cost for so doing shall be calculated on the basis of administration fee of $500 plus actual cost of garbage and debris removal.
(e) The cost and expense incurred by the village, and/or by the person or firm performing the service by authority of the village, in the abatement of the nuisance following the refusal or failure of the responsible party to abate the nuisance, including reasonable attorneys fees, shall constitute a lien upon the real estate affected, which lien shall be enforced as provided by statute. The village shall provide notice of the lien either by personally serving or sending notice by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year.
(f) Any commercial or residential property within the village that has been previously issued a notice or citation under this section within the same calendar year will be considered a repeat offender and the village will have the authority to abate the nuisance without additional prior notice, and the real estate property owner will have a lien placed upon this property per the above stated procedures. Notice of the lien shall be sent as in division (D)(5) above.
(4) Burning garbage or leaves. To burn any garbage, refuse, leaves, grasses, weeds or any organic horticultural landscape waste, except that the burning of elm tree wood and prunings of elm trees on the premises where it is produced shall be permitted, as may be necessary, to control the spread of the Dutch elm disease; provided, however, that all required permits from the County of Cook, Illinois, the State of Illinois or the United States Government have been obtained for the burning.
(E) Obstruction.
(1) Open building materials. To create or suffer to be created or to remain upon any premises in a residential district for a period of more than seven days, unless incident to construction on the premises and then not to exceed 30 days, the storing, piling, accumulating, heaping, amassing or collecting bricks, concrete blocks, lumber, iron, pipe or any building materials in such quantities that the same is, or may become a menace to the health of individuals or the public; or that the same is unsightly, objectionable and offensive to those living in the neighborhood or to the public; or that the same may or does become dangerous to the children playing in the neighborhood; or that the same may or does become an attraction to rats and thereby become, or is dangerous to the health of any individual or the public.
(2) Business use of public property. To use or occupy any part of a street, parkway, alley or sidewalk of the village for the purpose of carrying on, soliciting or promoting any trade, business or other enterprise; also, to cause or permit the storage of any product, supplies for or equipment incidental to the operations of such business or enterprises, upon any street, parkway, alley or sidewalk within the village.
(3) Obstructing public ways. To obstruct or encroach upon public streets and highways, private ways, streets, alleys, sidewalks, parking lots or public places of the village so as to interfere with the passage of vehicles or persons thereon.
(F) Spreading poisons. To spread, or to cause or permit any agent or employee to spread any poison for the purpose of killing rats, mice, rodents, insects or other vermin, in any public way or public place; or to spread or to cause or permit any agent or employee to spread any poison for the purposes in any yard, court, passageway or other open place on private premises, or on the outside of any building or structure, or in any place within a building or structure which is open to the general public, or where pet dogs, cats or other domestic animals or fowls have access, without placing the same in a receptacle of a kind or character that it can be reached only by the kind of vermin which the poison is intended to kill, or without placing a wire or other guard about same in such way that no child or domestic animal, domestic fowl, or other harmless creature can reach the same.
(G) Weeds and high grass.
(1) To permit the growth upon any premises of any noxious weeds, except as hereinafter provided. Canada thistles and all of its varieties, perennial sow thistles, European bindweed, leafy spurge, Russian Knapwood, Johnson grass, giant foxtail, hoary cress, jimson, burdock, cockleburrs, ragweed, goldenrod and similar weeds and all weeds which, due to pollination, are a menace to health are, for the purposes of this section, defined to be noxious weeds. It shall be unlawful for any person owning, leasing, occupying or controlling any plot of real estate to permit the growth of noxious weeds thereon except when the real estate is a wetland designated by the Army Corps of Engineers or a natural area otherwise protected by law, or as hereinafter provided.
(2) (a) All weeds shall be pulled or otherwise destroyed by the owner, lessee, tenant, occupant or person in control of the real estate whenever the weeds shall exceed eight inches in height but in no event less often than twice a year, once between June 15 and July 1, and once between August 1 and August 15 of each year. The failure to destroy weeds of the height specified or within the designated periods shall constitute a violation of this section. The pulling or destruction of the weeds shall be in accordance with the following standards:
1. In the event the tract of real estate on which the weeds are located shall be vacant real estate, but being agriculturally cultivated with crops for sale or for human consumption, the owner, lessee, tenant, occupant or person in control of the real estate shall be required to pull or otherwise destroy those weeds located within 30 feet of the perimeter of the real estate.
2. In the event the tract of real estate on which the weeds are located shall not exceed five acres and shall be vacant and not contain any agriculturally cultivated crops for sale or consumption, the owner, lessee, tenant, occupant or person in control of said real estate shall be required to pull or otherwise destroy those weeds on the entire tract.
3. In the event the tract of real estate on which the weeds are located shall exceed five acres in area and shall be vacant real estate, the owner, lessee, tenant, occupant or person in control of the real estate shall be required to pull or otherwise destroy those weeds located within 30 feet of the perimeter of the real estate.
(b) The height of natural grass shall not be greater than eight inches in height. This maximum height shall be maintained at all times. Enforcement shall be conducted as that required for weed control in this section.
(3) An authorized village official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the village upon which such a nuisance is found to exist, requiring them or any of them to remove the weeds and/or high grass constituting the nuisance within 24 hours. The notice or citations will be served in one of the following manners;
(a) By a written notice sent by United States certified mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate and as to the owner the notice may be addressed to the address shown on the most recent tax bill for the real estate.
(b) By general notice addressed to all owners, lessees, occupants or persons controlling real estate printed in a newspaper of general circulation in the village, which notice shall direct attention to the provisions of this section and provide that the weeds shall be destroyed and/or tall grass cut not later than ten days after the notice is so printed. The notice is authorized to be printed once in each month from April through September in each year as the Village Services Director shall deem necessary.
(c) By a written notice personally delivered by the village official or representative to the person owning, leasing, occupying or controlling the real estate.
(4) In the event any person so notified shall fail or refuse to comply with the notices or citations, it shall be lawful for the village to cause such weeds and/or tall grass to be removed or cut down in any manner it shall designate, and to charge the cost of the removal to any person owning, leasing, occupying or controlling the real estate. The cost for so doing shall be calculated on the basis of administration fee of $500 plus actual cost of weed and/or tall grass removal.
(5) The cost and expense incurred by the village, and/or by the person or firm performing the service by authority of the village, in the abatement of the nuisance following the refusal or failure of the responsible party to abate the nuisance, including reasonable attorney's fees, shall constitute a lien upon the real estate affected, which lien shall be enforced as provided by statute. The village shall provide notice of the lien either by personally serving or sending notice by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year.
(6) Any commercial or residential property within the village that has been previously issued a notice or citation under this section within the same calendar year will be considered a repeat offender and the village will have the authority to abate the nuisance without additional prior notice, and the real estate property owner will have a lien placed upon this property per the above stated procedures. Notice of the lien shall be sent as in division (G)(5) above.
(H) Dead or infected trees and shrubs. To cause or permit to remain on any premises dead trees or shrubs or trees or shrubs that are infected with injurious insects, pests or infected with plant diseases which are liable to spread to other plants, trees or shrubs to the injury of said plants, trees or shrubs or to the injury of man or property.
(I) Combustible materials near buildings. To store, keep, pile or stack hay, straw, wood, firewood or other combustible or inflammable materials including but not limited to gasoline, oil, motor fuel, kerosene or other similar petroleum product within the space of 50 feet of any building. Provided, however, that this shall not apply to temporary piling of materials to be used for building purposes, or to businesses licensed for the storage thereof or to residences where small quantities of said materials are properly stored for home use.
(J) Motor vehicles.
(1) Parking of vehicles. To park, store or keep any vehicle in any rear, side or front setback on private or public property on grass or gravel is prohibited.
(2) Repair of motor vehicles in public view. To dismantle, repair or assemble any motor vehicle or major part thereof on any premises, unless for compensation; or
(a) The activity is done within a structure or building which shields the activity from the public view and is done solely for a motor vehicle owned by the owner or lessee of the premises and not for compensation; or
(b) Unless the activity is done solely for a motor vehicle owned by the owner or lessee of the premises and not for compensation and then not to exceed a period of three consecutive days if the activity is not done within a structure or building which shields such activity from the public view; or
(c) The activity is undertaken at a licensed business premises.
(3) Repair of motor vehicles in public ways. To wash or repair any motor vehicle, including but not limited to changing or replacing parts, greasing or the performance of any other type of maintenance, service or work on any motor vehicle on any roadway or public right of way within the village except for such emergency repairs as are necessary to remove the vehicle from the roadway. The emergency repairs shall be made only as close as possible to the right-hand edge of the roadway, with the vehicle facing in the direction of the traffic flow, except in cases of indicated one-way streets where emergency repairs may additionally be performed as close as possible to the left-hand edge of the roadway, with the vehicle facing in the direction of the traffic flow; to cause or permit to remain on any premises any motor vehicle, wagon or other conveyance, not currently licensed by the State of Illinois, which has been stripped of component parts, permitted to become in a rusted condition or which has been damaged to the extent that the repair thereof would cost in excess of $400.
(4) Operating motorized vehicles without adequate muffler. To drive, operate or run any motorized vehicle on private or public property without an adequate muffler or noise abatement system so as to permit the emission from the motorized vehicle of loud or disturbing noises. An inadequate muffler or noise abatement system includes but is not limited to any muffler or, noise abatement system which has been changed or altered subsequent to original manufacture, removed or permitted to remain in disrepair due to inadequate or improper maintenance, an accident or any other cause.
(K) Inoperable motor vehicles or parts thereof. To cause or permit an inoperable motor vehicle to remain on public or private property within the view of the public.
(1) (a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
INOPERABLE MOTOR VEHICLE. Any motor vehicle from which, for a period of at least seven days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power.
INOPERABLE MOTOR VEHICLE. Shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power for three consecutive days in order to perform ordinary service or repair operations.
(b) This section shall not apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business, engaged in the wrecking or junking of motor vehicles.
(2) Once an inoperable motor vehicle described above has been identified, the Police Department, or the Department of Code Enforcement shall issue a notice of impending tow for an inoperable motor vehicle. The notice, to be given in accordance with division (K)(3) below, shall inform the owner, lessee, occupant or person controlling the real estate whereon the vehicle is located that the vehicle is scheduled for towing on the tenth day following receipt of the notice, or publication of the notice, whichever is applicable. If the person notified wishes to challenge the substance of notice of impending tow and the scheduled towing before the tow occurs, a tow hearing may be requested at the Police Department in accordance with Ord. 1319, and a decision on the appropriateness of tow will be made to determine whether or not the tow is justified and whether it will proceed as scheduled.
(3) The notice of impending tow shall be served in one of the three (3) following described methods:
(a) By a written notice sent by United States certified mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate, and as to the owner the notice may be addressed to the address shown on the most recent tax bill for the real estate.
(b) By a written notice personally delivered by a police officer or the other authorized village official or representative to person owning, leasing, occupying or controlling the real estate.
(c) By general notice addressed to the owner, lessee, occupant or person controlling said real estate printed in a newspaper of general circulation in the village, which notice shall direct attention to the provisions of this section.
(L) Smoking ban - public places.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
MAIN ENTRANCE. Any public entryway into or out of an enclosed indoor area used by the general public and/or to which the general public is invited or permitted or which serves as a place of employment. A MAIN ENTRANCE does not include an entryway to or from an outdoor dining area, a delivery/storage entrance or an entryway limited only to employees working within the enclosed indoor area.
OPEN AIR DINING AREA. Any seating area within the village open to the air that is accessory to a restaurant, hotel, cafeteria, club, or other public place engaged in purveying commercial food or beverage service where members of the public, members or guests are invited to sit and receive food and beverage service for a consideration.
OUTDOOR VENUE. Any outdoor theater, amphitheater, plaza, street, or other improved area that is used as a public venue or forum to which members of the general public are invited to listen, view or otherwise participate in an outdoor event within the village.
PARK. Any public park or recreation area within the village that is open to and used by the general public.
PUBLIC PLACE. PARK (as defined herein), OUTDOOR VENUE (as defined herein), or enclosed indoor area used by the general public and/or to which the general public is invited or permitted, or which serves as a place of employment, including but not limited to:
1. Health care facilities, nursing homes (except as hereinafter provided), food service establishments, restaurants, taverns/bars, retail food stores, banquet halls, commercial establishments, indoor theatres, libraries, museums, concert halls, public conveyances, educational facilities, auditoriums, arenas, common or public areas of condominium buildings and health care facilities (including nursing home care facilities, except as hereinafter provided), laundromats, public transportation facilities, marketing establishments, educational facilities, retail stores, convention facilities, bingo facilities, galleries, shopping malls, arenas and meeting rooms, polling places, school, Village of Crestwood or other government buildings, offices and office buildings, factories, warehouses and other places of work.
2. Restrooms, lobbies, reception areas, hallways, offices, elevators, and other common areas.
3. Meeting places, meeting or conference rooms, cafeterias, room chambers, places of public assembly, offices used by more than one employee, residences used as a licensed child care facility, adult day care facility, health care facility or a homebased business of any kind open to the public.
4. Taxis, vehicles of public conveyance and vehicles owned, leased or operated by the village.
5. Facilities used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance.
6. A PUBLIC PLACE does not include:
a. Private residences, except when used as a licensed childcare facility, adult day care facility, health care facility or a home-based business of any kind open to the public.
b. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms provided, however, that not more than 25% of the rooms rented to guests in a hotel or motel may be so designated.
c. Private and semi-private rooms in nursing homes and long-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.
d. A temporary outdoor smoking shelter (“shelter”) erected by the owner or other person in control of a public place on the premises of the public place and which outdoor smoking shelter meets the following criteria:
i. Not more than one shelter shall be erected on or upon a public place;
ii. The shelter shall be permitted only from November 1 through and including April 30 in any year;
iii. The shelter shall not exceed 100 square feet (except as provided in below) and shall not be located within 15 feet of any main entrance to a public place;
iv. No food or beverage service shall be provided to or permitted within the shelter; and
v. Plans for any shelter shall be submitted in advance of erection to the village's Department of Development Services for review and approval and, upon the approval, the issuance of a permit. No fee shall be charged for the review or permit.
SMOKE or SMOKING. The carrying or holding of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar or cigarette of any kind. SMOKE also means the gaseous products and particles created by the use of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment.
(2) Prohibition of smoking in public places. Except as provided in division (L)(3), below, smoking shall be prohibited in all public places within the village. The owner or other person in control of a public place shall post a clear and conspicuous sign, in form and content approved by the village, at every main entrance to the public place stating that smoking therein is prohibited. The owner or other person in control shall also remove all ashtrays and other smoking paraphernalia from within the public place.
(3) Prohibition of smoking in outdoor venues and events.
(a) It is unlawful to smoke in the following outdoor venues and/or events:
1. Public parks and recreation areas within 15 feet of any play area or any playground.
2. Public or private school grounds.
3. Public sidewalks within 15 feet of a main entrance to a public place, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area.
4. At any scheduled outdoor event to which the public is permitted or invited, which takes place within an outdoor theater, amphitheater, stadium, or other similar semi-enclosed facility.
(b) It is unlawful to smoke in or within 15 feet of an outdoor venue during the time that an outdoor event (as described in division (L)(3)(a)4., above) is taking place.
(4) Prohibition of smoking in open air dining areas except as designated.
(a) It is unlawful to smoke in any open air dining area except such area, or portion thereof, designated for smoking by the owner or other person in control of the open air dining area.
(b) It is unlawful for the owner or other person in control of an open air dining area to knowingly permit smoking in that open air dining area unless such area or portion thereof has been designated for smoking.
(c) The owner or other person in control of an open air dining area who has designated all or a portion thereof for smoking must clearly display signage, in form and content approved by the village, indicating the portion of the open air dining area where smoking is permitted.
(5) Reasonable distance. Smoking is prohibited within 15 feet of any main entrance to a public place.
(6) Non-retaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.
(7) Violations and penalties.
(a) A person who smokes in an area where smoking is prohibited by this section shall be guilty of an infraction, punishable by a fine not more than $100 for the first violation, $150 for the second violation and $200 for each subsequent violation.
(b) A person who owns, manages, operates or otherwise controls a public place and who fails to comply with the provisions of this section shall be guilty of an infraction, punishable by:
1. A fine not exceeding $100 for the first violation.
2. A fine not exceeding $500 for the second violation occurring within one year of the first violation.
3. A fine not exceeding $2,500 for each additional violation occurring within one year of a prior violation and a 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 section occurs shall be considered a separate and distinct violation.
(8) Other applicable laws. This section shall not be interpreted or be construed to permit smoking where it is otherwise restricted by other applicable laws.
(9) Severability. If any provision, clause, sentence or paragraph of this section 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 section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(Ord. 2037, passed 4-21-2011)