(A) Background. Smoking creates the hazard of injury to the personal health of those in the environment of smoke as well as the potential damage to property which may result from the combustible nature of the substance. It has been determined that breathing ambient smoke is a health hazard to both smokers and nonsmokers. Cigarette smoking also produces several substances that are considered hazardous to health including carbon monoxide, hydrogen cyanide, nitrous oxide and formaldehyde. Secondhand smoke (68% of the smoke produced by a cigarette) affects the health of a bystander, interfering with respiratory tract defenses, often causing nonsmokers to have allergic or irritative reactions, and is a known cause of lung cancer. Because the hazards of smoking have a potentially harmful effect, material and direct, on the public health, safety, welfare, comfort and property of residents of the village, it is, therefore, necessary and desirable to establish regulations that prohibit smoking in enclosed public places and places of employment.
(B) Purpose. This section may be cited as the “Kenilworth Smoke Free Ordinance,” the purpose of which is to protect the public health, comfort and environment by prohibiting smoking in enclosed public places and places of employment, in order to ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke.
(C) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or phrase is not specifically defined in this section it shall have the meaning ascribed to it in the Smoke Free Illinois Act.
ENTRANCE.
(a) The doorway or other entrance to a public place that is open to, and intended for the use by, the general public for ingress and egress to the public place; and
(b) The doorway or other entrance to a place of employment that is open to, and intended for use by, the general public or business invitees for ingress and egress to a place of employment, or where employees are required or permitted to enter or exit.
PUBLIC PLACE. The portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, or any public entity and regardless of whether a fee is charged for admission, including a minimum distance, as set forth in the Smoke Free Illinois Act, of 15 feet from entrances, exits, windows that open and ventilation intakes that serve an enclosed area where smoking is prohibited. A PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed child care, foster care or similar social service care on the premises.
SMOKE FREE ILLINOIS ACT. The Smoke Free Illinois Act, 410 ILCS 82/1 et seq., as it may be amended from time to time.
(D) Acknowledgment of applicability of the Smoke Free Illinois Act.
(1) Applicability of the Smoke Free Illinois Act. The village hereby acknowledges that the Smoke Free Illinois Act is applicable, and is in full force and effect, within the village. No person shall smoke in any place in the village where smoking is prohibited pursuant to the Smoke Free Illinois Act.
(2) Most restrictive provision controls. In the event of a conflict between the Smoke Free Illinois Act and the provisions of this section, the most restrictive provision shall control.
(E) Prohibitions; smoking in public places, places of employment and governmental vehicles prohibited. No person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased or operated by the state or a political subdivision of the state. Smoking is prohibited in indoor public places and workplaces unless specifically exempted by the Smoke Free Illinois Act.
(F) Signs and ashtrays. Each owner, operator, manager or other person in control of any place within which smoking is prohibited pursuant to this section shall:
(1) Conspicuously post signs indicating that smoking is prohibited in the same manner as is provided in §§ 20(a) and 20(b) of the Smoke Free Illinois Act, 410 ILCS 82/20(a) and 20(b); provided, however, that in the event that there is no clearly defined entrance to a place within which smoking is prohibited pursuant to this section, the signs shall be posted on or adjacent to an existing identification sign located on the property; and
(2) Remove all ashtrays from the place within which smoking is prohibited, in the same manner as provided in § 20(c) of the Smoke Free Illinois Act, 410 ILCS 82/20(c).
(G) Owner and occupant responsibility. It shall be unlawful for any person who is the owner, occupant or lessee of any place where smoking is prohibited pursuant to this section to permit smoking in that place.
(Ord. 1003, passed 9-8-2008)