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HomeMy Public PortalAboutOrdinance 2729VILLAGE OF PLAINFIELD ORDINANCE NO. 2008 - 2729 AN ORDINANCE ENACTING CHAPTER 3, ARTICLE V OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Relating to Clean Air ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD THIS 7th DAY OF JANUARY 2008. Published in pamphlet form by the authority of the President and Board of Trustees of the Village of Plainfield, Will County, Illinois, this 8th day of January, 2008. ORDINANCE NO. 2008 - 2729 AN ORDINANCE ENACTING CHAPTER 3, ARTICLE V OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Related to Clean Air WHEREAS, the Village of Plainfield ("Village"), Will County, Illinois, as a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, is enacting this Ordinance pursuant to its home rule authority; and WHEREAS, pursuant to the laws of the State of Illinois, the Village has the authority to adopt ordinances providing for protection of the health, safety and general welfare of the Village; and WHEREAS, the regulation of clean air within the Village through restrictions to curb secondhand smoke is a matter which affects the health, safety and general welfare of the citizens of the Village; and WHEREAS, the Village President and the Village Board of Trustees ("Village Board") have determined that, in the interest of promoting the health, safety and welfare of the Village, it is necessary and desirable to amend the Village's Code of Ordinances to comprehensively regulate secondhand smoke within the Village; and WHEREAS, the Village President and the Village Board specifically find that the passage of this Ordinance will promote the health, safety and welfare of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, as follows: SECTION ONE. That the Preamble to this Ordinance and Exhibits are adopted by this reference as if fully set forth herein. SECTION TWO. That Chapter 3, Article V of the Village's Code of Ordinances, entitled "Clean Air", be and hereby is enacted as set forth in Section Three below. The text enacting this Article of the Village's Code of Ordinances with document markings is attached hereto as Exhibit "A". Additions to the code are I n rli SECTION THREE. SECTION: 3-160 Title and application. 3-161 Definitions. 3-162 Prohibition on smoking in public places, places of employment and governmental vehicles. 3-163 Posting of no smoking signs; removal of ash trays. 3-164 Designation of other nonsmoking areas. 3-165 Exemptions. 3-166 Enforcement; complaints. 3-167 Violations. 3-168 Injunctions. 3-169 Severability. 3-17Q - 3-180 Reserved. Sec. 3-1 fi0. Title and appliication. This chapter shall be known as the Village of Plainfield Clean Air Ordinance and shall be in addition to, and not be limited by, the provisions of any state or federal legislation. (Ord. 200$ - ; eff. -2008) Sec. 3-1 fit . Definitions. The following words and phrases, wherein used in this chapter, shall have the following meanings: Bar: An establishment devoted to the serving of alcoholic beverages or alcoholic liquor for consumption by guests on the premises and that derives no more than ten (10) percent of its gross revenue from the sale of food consumed on the premises. Bar includes, but is not limited to, taverns, nightclubs, lounges and cabarets. Employee: A person employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for anot-for-profit entity. Employer. A person, business, partnership, association, or corporation, including a municipal corporation, trust, or not-for-profit entity that employs the services of one ar more individual persons. Enclosed area: All space between a floor and a ceiling that is enclosed or partially enclosed with: (1) solid walls or windows, exclusive of doorways; ar (2) solid walls with partitions and no windows, exclusive of doorways, that extend from the float to the ceiling, including, without limitation, lobbies and corridors. Enclosed or partially enclosed sports facility or arena: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events. Gaming equipment or supplies: Gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code. Gaming facility. An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue. Healthcare facility. An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. Healthcare facility includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities. Place of employment Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including but not limited to, entrances and exits to places of employment including a minimum distance of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference rooms and classrooms; break rooms and cafeterias; and other common areas. A private residence or home based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a place of employment. Private club: A not-for-profit association that: (1) has been in active and continuous existence for at least three (3) years prior to the effective date of this ordinance, whether incorporated or not; (2) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times; (3) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; and (4) only sells alcoholic beverages incidental to its operation. For purposes of this definition, "private club" means an organization that is managed by a board of directors, executive committee, or similar body chosen by the members at an annual meeting, has established by-laws, a constitution, or both to govern its activities, and has been granted an exemption from the payment of federal income tax as a club under 2C USC 501. Private residence: The part of a structure used as a dwelling, including without limitation: a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin, or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home, or assisted living facility shall not be considered a private residence. Public place: That 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, the State of Illinois, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance of fifteen feet (15') 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 childcare, foster care, or other similar social service care on the premises. For purposes of this definition "public place" includes but is not limited to the following: hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities including buildings and vehicles owned, leased, ar operated by the State of Illinois or state subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, and no less than seventy five (75) percent of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences. Restaurant. An eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that give or offer for sale food to the public, guests, or employees; and a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant. Retail Tobacco Store: A retail establishment that derives more than eighty (80) percent of its gross revenue from the sale of loose tobacco, plants or herbs and cigars, cigarettes, pipes, and other smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco stare" does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license. 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. Unit of local government. The meaning ascribed to it in Section 1 of Article VII of the Constitution of the State of Illinois. (Ord. 2008 - ;eff. -2008) Sec. 3-162. Prohibition on smoking in public places, places of employment and governmental vehicles. Unless specifically exempted by this article, smoking in public places, places of employment, and governmental vehicles is prohibited. No person shall smoke in a public place or place of employment, or in any vehicle owned, leased, or operated by the Village, any other unit of local government, the State of Illinois or any political subdivision of the State. (Ord. 2008- eff. -2008) Sec. 3-163. Posting of no smoking signs; removal of ashtrays. In each public place and place of employment where smoking is prohibited by this article, "no smoking" signs or the international "no smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that premises. Each public place and place of employment shall have pasted at every entrance a conspicuous sign clearly stating that smoking is prohibited. All ashtrays shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager, or other person having control of the area. (Ord. 2008- eff. -2008) Sec. 5-164. Designation of other nonsmoking areas. Notwithstanding any other provision of this article, any employer, owner, occupant, lessee, operator, manager or other person in control of any public place or place of employment may designate anon-enclosed area of a public place or place of employment, including outdoor areas, as an area where smoking is prohibited. Such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in section 3-163 above. (Ord. 2008- eff. -2008) Sec.3-165. Exemptions. Notwithstanding any other provision of this article, smoking is allowed in the following areas: 1. Private residences or dwelling places, except when that residence or dwelling place is used as a childcare, adult daycare, or healthcare facility or any other home based business open to the public. 2. Retail tobacco stores as defined in section 3-161 of this article in operation prior to the effective date hereof. All such retail tobacco stores shall annually file with the Village Clerk an affidavit stating the percentage of its grass income during the prior calendar year derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that commences its business operation after the effective date of this article may only qualify for an exception if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited. 3. Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by ane or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home. 4. Hotel and motel sleeping roams that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than twenty five (25) percent of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms. (Ord. 2008- eff. -2008) Sec, 3-166. Enforcement; complaints. 1. The Village, through its Chief of Police or his designee, shall enforce the provisians of this article and may assess fines for violations of this article. 2. Any person may register a complaint with the Village Police Department for a violation of this article. (Ord. 2008- eff. -2008) Sec.3-167. Violations. 1. A person, corporation, partnership, association or other entity who violates section 3-162 or 3-163 of this article shall be fined pursuant to this section. Each day that a violation occurs is a separate violation. 2. A person who smokes in an area where smoking is prohibited under any provision of this article shall be fined an amount not less than One Hundred Dollars ($100.00) and not more than Two Hundred and Fifty Dollars ($250.00). A person who awns, operates, or otherwise controls a public place or place of employment that violates any provision of this article shall be fined (1) not less than Two Hundred Fifty Dollars ($250.00) for the first violation; (2) not less than Five Hundred Dollars ($500.00) for the second violation that occurs within one (1) year after the first violation; and (3) not less than Seven Hundred and Fifty Dollars ($750.00) for each additional violation within one year after the first violation. 3. A person, corporation, partnership, association or other entity who violates section 3-163 of this article shall be fined an amount not less than One Hundred Dollars ($100.00) and not more than Two Hundred and Fifty Dollars ($250.00). (Ord. 2008- eff. -2008) Sec. 3-168. Injunctions. The Village, upon repeated violations, may initiate, in a circuit courk, an action to enjoin violations of this article. (Ord. 2008- eff. -2008) Sec.3-169. Severability. If any provision, clause or paragraph of this article shall be held invalid by a court of competent jurisdiction, such validity shall not affect the other provisions of this article. (Ord. 2008- eff. -2008) Secs. 3-170-- 3-180 Reserved. *State law references: 410 ILCS 82/1 et seq. SECTION FOUR. That any Village Ordinance or Resolution, or part thereof, in conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly repealed. SECTION FIVE. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be stricken and shall not affect any other provision of this Ordinance. SECTION SIX. This Ordinance shall be in full force and effect after its passage, approval, and publication in pamphlet form as provided by law. SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. 2729. PASSED the 7th day of January, 2008. AYES: Manning, Racich, Dement, Fay, Lamb NAYS: None ABSENT: Vaupel APPROVED this 7th day of January, 2008. °~~~~ mes A. Waldorf _ illage President - --~ ED~~A~D FIL DIN MY OFFICE: ._ _ _ ~ - ~ Michelle Gibas --Village Clerk EXHIBIT "A" SECTION: 3-160 Z,jtle and annlication~ 3_161 QQfinitions. 3-162 Pr hibition on smoking jri governmental YP.~jrle~. ,x,;163 Posting of n~~moking of as 3-164 3-165 Exemptions. ~~ 3-167 Violations. 3"168 Iniunctions_ 3-169 ,$pverability. 3-170-170 - 3-180 Reserved. haoter shall be known as the Village of Plainfield Clean~i_r rinn hll in '~n n nt li h rviin of a v state or fede al legislation. (Q d. 2008 - : eff. Sec.3-161. Definitions. Th f II win r n hr wh r in i i h r h Ilh v following mea B r: li hm nt th ruin h I' v r r al h li r f r m ti n nth r mi riv n m r th n 1 r nt r v nu fr h I f f n m r mi B I t i n ~mi t v rn ni ht I n n rt. A n ml I rip ni rt' 'r r in it tm w r r r r nwh v l rh r rvi f r - r tit ntit / r.A r 'n rtnr i in r r rtin~ municipal corporation. trust. or n t-for-profit entity that emnlovs_th rvi f n r in ivi I r En / r I tw fl r n ilin th I r partially enclosed with: (1l solid walls or windows. exclusive of doorways: or_(2) li II wi h ' i n n win w I iv f th n f h fl h in I i with t li i n l i rri r Enclosed or partially enclosed spo s facility or aron_ :~An~r~~ orts pavilion. t i mn h Ith xin wimmi I r II rri rink in II r th r i I w m r f n r l I in h I x r i r rti i hl ti i i n r r r n l ti '' r t wi I r l re r I r th n in i n r m' imp fin h Illin i in f min B R I ili An t li Illin i nt tili 'ni tr tiv r' ril for r f wh r min nt r li r r f r th f r in Ith ar i r ve f i i An f' wh th i t r in ti I r r vidin r r I r th r tm nt i l h i l I r h l i n ition I in limit i l r h i n hosoit Is hr II weiaht ontrol clinic ___ ill I ri s. nursina ho ffi mes. homes fort r n h' ink car r h ' th r h i nti t n II within th r f i n He It~hcar semipriva P f ~ facility includes all te rooms. w r~~ m l m n~ An r wain_ a rooms. hallwa s~~ar'v wi hip healthcare_ facilities. n r ntr I f I' r m r riv t r th t r it t n r l v hro h th r I m nt i t in b limit n n xi t I I m n~ I in inim m n f fift 1 fr m r n xi win w n v ntil ti n~ k th t n n l w m ki r hi it ~ ffi rk r • r m of r r I m r m n ri n t mm n r A riv r i p h m in nl t vi li n hil r It r r h r imil i t rvi nth r i iv t l in i I f A n t-f fi n f I I men . i n h t thr t: 1 n in r ri ti ff tiv f thi ordin nce . whether incoraor t ed or not: (21 ~s t_h_~cZwn~~less ee. or occug ant_o_f_a ilin __ rtint f d I ivl fr I r t II i r II fr r ti n r rnl ri i li' n vlnt r th ~ r t f r ni in• 4 nl I h li y r i i nt i r n. F r r f thi finit' "riv t I n niz tin i m p r r x mmitt a or similar bodv ch os n the members at an annual meetina ~h~ t I~ -I n ti n r h v rn it n h r nt n i nfr mth ff r lin m t x n r2 ~J.SC SQi, Pri i n r f tr t r w Ilin in I in limit~tipn_ a p ivate home. townh use. condominium. apartment. mobile homeL v~~ation home cabin__or ottaae. For the purposes of this definit~n, a hotel motel. i n. resort. lod_ ae. b and breakfast or oth imil r li inh rin h m i livin f ilit considered a private rpsi ence. P l~ Th t r' n it in r v n n t public re ardless of whet er the building or vehicle is owned in whpl~ or in riv r n r ti ' h t t f l' r n h r li r r l h h r f i r f r a mi i in minim m i t n f fift o f 1 fr m ntr xi win w th v ntil in k th n n l r wh r m kin i i A " li n riv n nl th ri i n i t rvi ~ n hil f t r r r ~I r i t rvi r h r mi r r finiti n" li " 'n I t is n t limited to the.. following hospitals restaurants, retail stores. offices. commer~el establi~h_ments. elevators. indoor theaters. libraries. museums.. n r li n i f ili i n r in homes._ a ditoriums. enclosed or partially enclosed sports ar~n i a rooms. schools. exhibition halls. convention facilities. polling plaoes private clubs gaming facilities. all. government v hi I f iliti 'n it in nd v ' wn I r rt h tt flllin' subcontract healthcare facilities or clinics. enclosed shopping centers_~ it rvi li hm nt fi i I i ti tin I f iliti k r h rin f iliti r tr m ' i a areas,. obbies. bars. taverns. bowling alleys. skating rinks. rece~tio areas. and no less than seventy five (7~ percent of ~he__$le pima quarters within a hotel. motel, resort. inn. Inda_e.. ~_ n kf r th ~ it r li i n h are rente~tp_guests. but excludes griyat~residences. r nt. in t bli h n in I in ut n i ff h ri n n n n li h l f h iv r ff r f r I th li r m l i h n r t rin f ili i f i r nth r mi r ruin I wh r. "Restaur nt" includes a b r area within the restaurant. ilT r:Artil ihmnttht r~ hn iht r i t r rmth I I hr n ' r i t tt i n th r m kin n in whi h h h r i t "R t ilt r" I rtm nt r tin f l r r r~ li hm nt r n establishment with any~ype of liauor. food,,, or„_r~~taurant license. kaQr smQkina: The carrvina„ smoking. b_urnina. inhaling. or exhaling of anv kind of liahted nine. cigar. cigarette. hooka h. weed. herbs~:Qr anv other liahted mokina eauinment. nit f l I v rpm ni: Th m pin ri t i in i the Constitution of the State of Illinois. (Ord. 20Q.$ - :eff. -20081 Unless specifically exempted by. this a_ rticle. smoking in public places. places of mplovment. and governmental vehi I~.~ is prohibited. No person shall smoke in bli I r l wn I r r t th Vill n t th t f Illin i r nv political subdivision of the State... (Or~~2..QQ$~ff. -20081 In ea ch public place a nd place of employ ment where s moking is prohibited thi rti I "n m i a pictoria l re i n prese ntation of a burning cig kin m l arette enclosed in a red it I with r r r it h II I rl n n i I t h cane r. operator. man age r. or o ther_g er~ Q ~~ .n in ~ nt.~ rol Q f that premises. Each li I n la f m l _ _ I h v t t v r ntr n n i i n I rl t tin tha m kin i r hi it .All h r h II r m v fr man r h r r hi it hi arti I th can r oper ator. manager. or oth er pe rson havin g control of t he area. (Ord. 2008- eff. -20081 Notwithstandin anv other provision of this article. anv employer. owner. T .lessee. operator. manaa~r Qr ~th~r person in control of anv public place or place of emnlovment may designate anon-enclosed area of a public ~~ f m l m n in I in t r r n r wh r mkin i rhiit h n hll i I t i n r hi it'n ~n in th m n r ri in ti n 3-163 above. (Ord. 2008- eff. -20081 Se No c. 3-165. e twiths andina anv oth r orovis ion_of thi s article. smokin a_is ~gwed in thq _ _ f I in r 1. P 'v t r i n r w Ili I x t w nth t r n Ilin I i t r I r r h I f ili r n t 2. home based busines it t t s oven o the pub in lics i n -1 1 hi rti i r i prior to the effecti a d ate h r eof All s uch re t ail t t r h II~~~ III fil th V~ I n ff' vit _ _ t ti h r fit in ri ri r I n r ri fr m t I f l I r h n r i t tt r t mkin vi f mkin n r mkin ri A rtilt tr th t mm it r i n r th f 'v t hi rti m_av onlv__au lifv for an exceg u~ I the in ti n if loc n ate~_in ~ freest m r m th anding uc in ture n t migrate in o an enclo riv t riv sed area where t r m in r amokina is hi in h n its l rm r iliti th t c r m r r on II f wh r m r n h r in itina t o be pla ce or to rem ' in r h r __ kin i r i h h n t infil th r f th r in 4 tl t l in m t r rn n r int m' r r vi th t l mkin r m nth m fl m nti n n m r fr r th h r r m t m ki i infiltr t r hi i t m n n fiv r fth m rn t h tl m l m i n r wh mkin II w t t r m m ki r n kin n t h n x t t m n ntl Vi 1. i n l m ki c. 3-16~.~~Geme Th Vill r m nt: cam i hi r. 2 - ff. la~lnt~ f P li r i n -2 II of h vi i n f thi I n in f r ~ i n f~ rti I. . An n m i t r m lai i h th Vi P li rtm nt violation of this ~rti l e (Ord 2008- eff. ^20~ Sec.3-167. Viols~t,L_I1~S~ . A pe rson . corp or ati on. p artn ers hip . ass ocia tion o r other en tity who violates se cti on 3 -162 o f t hi s art icle s ha ll b e fine d p ursua nt to this s ection. Each day th ~t. ~ vio lation oc cu rs i s a s ep arat e viol atio n. 2. A person who smoke s in an area where smoking is proh ibited un der anv rviin fhi rtil hll fin n m ntntl hn n Hnr ollars ($100.001 an 250.001. A person d not more than Two Hundred and who owns. operates. or otherwise c Fifty Doll ontrols a ars public place r l f m l m nt th t vi I rviin f thi rti I h II fin 1 n I thnTw Hnr Fi Dllr 2 f rth fir viltin•2 n t l th n Fi r f nd vi I ti nth t ccurs within 1 r n not I than v n Hundred and Fifty Do llars (5750.001 for each additional violation within one vear after the first vio lation. r r ti n rtn r hi i ti n r th r ntit wh vi I t section 3-1.63 of this article shall be fined an amount not less than One Hnr Dllr 1 n ntmr thnTw Hnr n Fift Dllr r 2 - ff. -2 Th Vill n r t vi I ti n m initiat in it it rt n ti n t ' ations of this article. (Ord. 2008- eff. -2008) f rviin I r r r h f thi rti I h II h l inv li rt competent jurisdiction. such validity shall not affect the other provisions of this article. (Ord. 2008- eff. -20081