CHAPTER 3
SMOKING REGULATIONS

SECTION:

4-3-1: Definitions

4-3-2: Acknowledgment Of Applicability Of The Smoke Free Illinois Act

4-3-3: Prohibition In Unenclosed Public Areas

4-3-4: Prohibition At Entrances

4-3-5: Prohibition At Public Meetings

4-3-6: Prohibition In Common Residential Areas

4-3-7: Hotel And Motel Regulations

4-3-8: Retail Tobacco Stores

4-3-9: Signs And Ashtrays

4-3-10: Owner And Occupant Responsibility

4-3-11: Penalties

4-3-12: Severability

4-3-1: DEFINITIONS:

ENTRANCE:

   A.   The doorway or other entrance to a public place or public area that is open to, and intended for use by, the general public for ingress and egress to the public place or public area, 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.

OUTDOOR EATING AREA: A seating area open to the air that is accessory to a restaurant.

OUTDOOR EVENT: A scheduled outdoor musical, dance, theatrical, dramatic, entertainment or performance event, or a scheduled outdoor community fair, parade, event or market, that is organized, licensed or permitted by the owner of an outdoor venue and to which members of the general public are invited.

OUTDOOR VENUE: An outdoor theater, 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 event that is organized, licensed or permitted by the owner of the venue, and including, without limitation, parking lots located on the same property as the theater, plaza, street, or other improved area.

PARK GROUNDS: All unenclosed areas of a park or playground: a) that is owned or operated by the Village, the park district, or a public school district, and b) to which members of the general public have been granted a right of access. "Park grounds" shall include, without limitation, parking lots located on the same property as the park or playground.

PUBLIC MEETING: A meeting open to the public pursuant to the Illinois Open Meetings Act, 5 Illinois Compiled Statutes 120/1 et seq.

SCHOOL GROUNDS: All unenclosed areas of property on which a public or private school, or school-related use, is located, which areas shall include, without limitation, parking lots located on the same property as the public or private school or school-related use.

SMOKE FREE ILLINOIS ACT: The Smoke Free Illinois Act, 410 Illinois Compiled Statutes 82/1 et seq., as may be amended. If a word or phrase is not specifically defined in this chapter, it shall have the meaning ascribed to it in the Smoke Free Illinois Act.

SMOKE OR SMOKING: The carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. "Smoke" or "smoking" does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the Federal American Indian Religious Freedom Act, 42 USC 1996 and 1996a. (Ord. 1747, 3-23-2016)

4-3-2: ACKNOWLEDGMENT OF APPLICABILITY OF THE SMOKE FREE ILLINOIS ACT:

   A.   The Village hereby acknowledges that the Smoke Free Illinois Act is applicable, and is in full force and effect, within the Village of Monee. No person shall smoke in any place in the Village within which smoking is prohibited pursuant to the Smoke Free Illinois Act.

   B.   In the event of a conflict between the Smoke Free Illinois Act and the provisions of this chapter, the most restrictive provision shall control. (Ord. 1747, 3-23-2016)