ARTICLE VII – SMOKE FREE AIR CODE

          26-7-1        BACKGROUND.  Smoking creates the hazard of injury to the personal health of those in the environment of such smoke as well as the potential of damage to property that may result from the incendiary nature of such activity.  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 total smoke produced by a cigarette) affects the health of the 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 County, it is necessary and desirable to establish regulations that prohibit smoking in all enclosed public places, in all enclosed places of employment, near entrances to all such public places and places of employment, in and near open air public dining areas, and within certain unenclosed public places including school grounds, parks and recreation areas and outdoor venues.

          26-7-2        PURPOSE.  This Article may be cited as the “Smoke Free Air Code,” the purpose of which is to protect the public health, comfort and environment by prohibiting smoking in all enclosed public places and places of employment, within twenty-five (25) feet of all public entrances to such places, in open air public dining areas and within twenty-five (25) feet of such areas, and within certain unenclosed public places including school grounds, parks and recreation areas and outdoor venues in order to ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke.

          26-7-3        DEFINITIONS.  For the purposes of this Article, the following terms shall have the following meanings:

          “Business” means any sole proprietorship, partnership, joint venture, corporation, association or other business entity, whether formed for profit or nonprofit purposes.  “Business” includes a “club” as defined in this Section.

          “Club” means a private not-for-profit association, corporation or other entity consisting of persons who are bona fide paying members and which owns, leases or uses a building or portion thereof, the use of which is restricted primarily to members and their guests.

          “Employee” means any person who is employed or retained by a business, and shall include the owner or operator of a sole proprietorship or other similar business entity.

          “Employer” means any business that employs one or more employees.

          “Enclosed Area” means all space in any structure or building that is enclosed on all sides by any combination of walls, windows, or doorways, extending from floor to the ceiling.

          “Open Air Dining Area” means a seating area open to the air that is accessory to a restaurant, hotel, cafeteria, private club or other public place engage din 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 Event” means 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 the public is invited.

          “Outdoor Venue” means an 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 that is organized, licensed or permitted by the owner of the venue.

          “Place of Employment” means an area under the control of a public or private employer within the County that employees normally frequent during the course of employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, staircases, hallways, restrooms, medical facilities, private clubs, and the interior of a vehicle of public conveyance.  “Place of Employment” also includes the home office portion of a private dwelling, but only if the home office is used by more than one employee or is frequented by business invitees.

“Place of Employment” does not include that part of a private dwelling used as a home office by a single employee only who resides in that dwelling.

          “Park” means a public park or recreation area that is open to and used by the general public.

          “Public Entrance” means the doorway or other entrance to a public place that is open to and intended for use by the general public for ingress and egress to the public place.

“Public entrance” also means a doorway or other entrance for pedestrian ingress and egress to a place of employment; (i) that is open to and intended for use by the general public or business invitee’s ingress and egress to the place of employment; (ii) where employees are required or permitted to enter or exit the place of employment.

          “Public Place” means an area that is open to and used by the general public, or any area to which the public is invited or in which the public is permitted, including without limitation:

          (A)               vehicles of public conveyance;

          (B)               common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms, elevators and staircases) of apartment buildings, condominiums, dormitory buildings, nursing home care facilities, and other multiple family residential structures;

          (C)               common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms, elevators and staircases) of any building or structure that is accessible to the public including without limitation office, commercial,
and industrial buildings, banks and financial institutions, educational institutions, health care facilities such as hospitals, clinics and doctor’s offices, museums, libraries, restaurants, polling places, government and County-owned buildings, food stores, cafeterias, theaters, auditoriums, train and bus stations, hotels, motels, and retail and service establishments.

          (D)               rooms, chambers, halls, or other locations within which meetings, hearings, or gatherings are held, to which the public is invited or in which the public is permitted, including specifically, but without limitation, any enclosed area under the control of the County where there is in progress any public meeting.

“Public place” shall not include:

          (A)               a private dwelling unit, unless said dwelling is also used as a day care facility for children or adults; provided that rooms in nursing homes or long-term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private dwelling units; or

          (B)               hotel or motel rooms designated as smoking, provided that no more than twenty percent (20%) of the available rooms for rent in any single building shall be designated as smoking rooms.

          “School Grounds” mean all public or private outdoor school grounds, but excluding any open areas specifically designated and permitted by the school administration for smoking by adults who are invited to use such area for smoking.

          “Smoke” or “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.

          “County” means the County of Union, Illinois.

          26-7-4        PROHIBITION IN ENCLOSED PUBLIC PLACES.

          (A)               It is unlawful to smoke in any enclosed area of any public place.

          (B)               It shall be unlawful for the owner, occupant or lessee, as the case may be, who is in control of a public place to knowingly permit smoking in any enclosed area in a public place.

          26-7-5        PROHIBITION IN UNENCLOSED PUBLIC PLACES AND OUTDOOR VENUES.

          (A)               It is unlawful to smoke in the following unenclosed public places:

                    (1)     The seating areas of all outdoor arenas, stadiums and amphitheaters.

                    (2)     Public parks and recreation areas.

                    (3)     School grounds.

                    (4)     Public sidewalks within fifteen (15) feet of a public entrance, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area.

                    (5)     Public sidewalks within fifteen (15) feet of an open air dining area, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area.

          (B)               It is unlawful to smoke in or within fifteen (15) feet of an outdoor venue during the time that an outdoor event is taking place.

          26-7-6        PROHIBITION IN PLACES OF EMPLOYMENT.

          (A)               It is unlawful to smoke in any enclosed area of any place of employment.

          (B)               It shall be unlawful for any employer to knowingly permit smoking in any enclosed area of any place of employment.

          26-7-7        PROHIBITION IN OPEN AIR DINING AREAS.

          (A)               It is unlawful to smoke in open air dining area.

          (B)               It shall be unlawful for the owner, occupant or lessee, as the case may be, in control of an open air dining area to knowingly permit smoking in the area available for open air dining.

          (C)               it is unlawful to smoke within fifteen (15) feet of an open air dining area.

          26-7-8        PROHIBITION AT PUBLIC ENTRANCES.

          (A)               It is unlawful to smoke within fifteen (15) feet of a public entrance to a public place or to a place of employment.

          (B)               It is unlawful for any person or persons to gather or congregate for the purpose of smoking within fifteen (15) feet of a public entrance.

          26-7-9        DESIGNATION OF OTHER NO-SMOKING AREAS.  Nothing in this Article shall be deemed to limit the owner, occupant or lessee of a public place or a place of employment to further prohibit smoking by designating outdoor areas not subject to the restrictions in this Article as a place where smoking is also prohibited, provided that the owner, occupant or lessee shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited within the designated outdoor area.

          26-7-10      NO RETALIATION.  No person, business or employer shall discharge, refuse to hire, or in any manner retaliate against an employee or customer because that employee or customer reports a violation of this Article or exercises by rights afforded by this Article.

          26-7-11      SIGNS.

          (A)               Each owner, lessor, lessee, employer, or other person in control of a public place shall post conspicuous “No Smoking” signs in the enclosed area of any public place where smoking is prohibited.  Such “No Smoking” signs shall have a white field with the words “No Smoking” printed in red letters, four (4) inches high with a one-half (1/2) inch face, or shall bear the international “No Smoking” symbol, which consists of a pictorial representation of a cigarette enclosed in a circle with a bar across it.  It shall be unlawful for any person to remove, deface or obscure any sign posted pursuant to the provisions of this Article.

          (B)               Each owner, lessor, lessee, employer or other person in control of a public park or recreation area, or of a school round, shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited within the park, recreation area or school ground.

          (C)               Each owner, lessor, lessee, management company or other person in control of an outdoor venue shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited within the outdoor venue during outdoor events.

          26-7-12      EXEMPTIONS.  The prohibition on smoking set forth in Section 6-35 and 6-37 shall not apply to a public place or place of employment of a tobacco dealer that permits customers to sample tobacco products on the premises of the tobacco dealer, provided that smoke generated by smoking on the premises of the tobacco dealer does not infiltrate any other enclosed public place or place of employment.  For purposes of this exemption, a tobacco dealer is a retailer whose principal business is the sale at retail of tobacco and tobacco-related products.

          26-7-13      PENALTIES.

          (A)               Any person who smokes in an area where smoking is prohibited under the provisions of this Article shall be guilty of an offense punishable by:

                    (1)     A fine of not less than Twenty-Five Dollars ($25.00) for a first violation.

                    (2)     A fine of not less than Fifty Dollars ($50.00) for a second violation.

                    (3)     A fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for a third and subsequent violation(s).

          (B)               Any person who owns, manages, operates or otherwise controls a public place, a place of employment or an open air dining area that permits smoking in an area where smoking is prohibited under the provisions of this Article, shall be guilty of an offense punishable by a fine of (i) not less than One Hundred Dollars ($100.00) for the first violation, (ii) not less than Two Hundred Fifty Dollars ($250.00) for the second violations, and (iii) not less than Five Hundred Dollars ($500.00) for each additional violation thereafter, unless said additional violation has
occurred within one (1) year after the first violation, in which case the minimum fine shall be not less than One Thousand Dollars ($1,000.00).  The maximum amount of fine to be levied herein shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) for each violation.

          (C)               Each day that any violation of this Article shall continue shall constitute a separate offense.