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Home My WebLink About#4127 Amending Provision 6-14-1 Relative Smoking CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL ATA REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 19111 DAY OF FEBRUARY, 2019 ADOPTED ORDINANCE NO. 4127. A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 19TH DAY OF FEBRUARY, 2019. (SEAL) �z DI. A PAVLEY-ROCK CITY CLERK CITY OF CANTON ORDINANCE NO. 4127 AN ORDINANCE AMENDING PROVISIONS 6-14-1 RELATIVE TO SMOKING IN THE CITY OF CANTON,ILLINOIS PASSED BY THE CITY COUNCIL OF THE CI"PY OF CANTON THE 19 111 DAY OF FEBRUARY, 2019. PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 191[1 DAY OF FEBRUARY, 2019. EFFECTIVE: FEBRUARY 19, 2019 Page 2 ORDINANCE NO. 4127 AN ORDINANCE AMENDING PROVISION 6-14-1 RELATIVE TO SMOKING IN THE CITY OF CANTON, ILLINOIS WHEREAS, pursuant to the Municipal Code and the City of Canton Code, the City of Canton has the authority to regulate the use and sale of tobacco involving minors and those of legal age within its municipal boundaries; and WHEREAS, the City Council of the City of Canton has determined that an update and amendment is required to be made pursuant to Provision 6-14-1 due to the use of electronic cigarettes to make its tobacco ordinances uniform. NOW,THEREFORE, BE IT ORDAINED, by the City Council for the City of Canton, Fulton County, Illinois, as follows: SECTION 1: "6-14-1: SMOKING PROHIBITED: (A) Title And Purpose: This section may be cited as the CITY OF CANTON SMOKING BAN ORDINANCE, the purpose of which is to protect the public health, comfort and environment by prohibiting smoking in all public places and places of employment in order to ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke and to avoid damage to property that may result from the combustible nature of such substance. (B) Definitions: For purposes of this section, the following terms shall have the following meanings: BEER GARDEN: A seating area open to the air that is supplemental to a class A liquor license, as defined in subsection 3-8-4(A)2 of this code. EMPLOYEE: Any person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity. EMPLOYER: Any person, business, partnership, association or corporation, including municipal corporations, trust or nonprofit entity that employs one or more employees. ENCLOSED AREA: 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 ceiling. PLACE OF EMPLOYMENT: Any enclosed area of a business within the city where one or more employees are required or permitted by an employer to work in the course of their employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, stairs, hallways, restrooms, medical facilities, private clubs, and the interior of a vehicle of public conveyance. A "place of employment" does not include a private dwelling unit, unless the dwelling is also used as a daycare facility for children or adults. PUBLIC PLACE: That portion of any building or vehicles used by and open to the public. Public place specifically excludes a private dwelling unit,unless said dwelling is also used as a daycare facility for children or adults. SMOKE OR SMOKING: Inhaling, exhaling, burning, carrying or possessing a lighted cigar, cigarette, pipe or other combustible substance in any manner or form. (C) Prohibition In Public Places, Schools, Places Of Employment And Government Vehicles: No person shall smoke in a public place or in any place of employment or within fifteen feet (15) of any entrance, exit, windows that open and ventilation intake to a public place or place of employment. No person may smoke in any vehicle owned, leased or operated by the city of Canton. Smoking is prohibited in indoor public places and workplaces unless specifically exempted in this section. No person shall smoke in any school or on any school related property or vehicle. Smoking for solely school purposes shall include the use of electronic cigarettes and vaping machines. (D) Designation Of Other No Smoking Areas: Nothing in this section shall be deemed to limit the owner, operator, lessor, lessee, employer, manager or other person in control of a public place or a place of employment from further prohibiting smoking by designating outdoor areas not subject to the restrictions of this section as a place where smoking is also prohibited,provided the owner, operator, lessor, lessee, employer, manager or other person in control conspicuously posts signs wherever smoking is prohibited in the same manner set forth in this section. (E) Signs: Each owner, operator, lessor, lessee, employer, manager or other person in control of a public place shall post conspicuous "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, at the entrance of each public place and place of employment where smoking is prohibited. All ashtrays shall be removed from any area where smoking is prohibited by the owner, operator, lessor, lessee, employer, manager or other person having control of the area. (F) Exemptions: This section shall not apply to the following specific locations and circumstances: 1. Private residences or dwelling places, except when used as child or adult daycare or other home based business open to the public. 2. The portion of the premises of a tobacco store or tobacco stand operated by a tobacco dealer, or that portion of the premises operated by a tobacco wholesaler, within which customers are allowed to sample tobacco products; provided, however, that any smoke generated by smoking on the premises of the tobacco store, tobacco stand, or tobacco wholesaler shall not infiltrate any 2 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, and a "tobacco wholesaler" is a wholesaler whose principal business is the sale of tobacco and tobacco related products in quantity for resale. 3. Private and semiprivate rooms in a "convalescent or nursing home" (as defined in section 10101- 12 of this code) where each resident occupant of the room has signed a written waiver authorizing smoking in the room. 4. Hotel or motel rooms designated as smoking, provided that no more than ten percent (10%) of the available rooms for rent in any single hotel or motel facility shall be designated as smoking rooms. Nothing in this section shall be deemed or interpreted as requiring, and no hotel or motel facility shall have, a minimum number of hotel or motel rooms in which smoking is permitted. 5. Beer gardens, provided that it is operated by a class A liquor license holder, with a subclass A supplemental license and subject to the restrictions set forth in subsection 3-8-4(A)2 of this code and that the smoking occurs more than fifteen feet (15') from the entrance, exit, windows that open or ventilation intake. (G) Penalties: 1. Any person who violates this section shall be fined one hundred dollars ($100.00) for a first violation and two hundred fifty dollars ($250.00) for each subsequent violation. A person who owns, operates, or otherwise controls a public place or place of employment that violates this section shall be fined two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for the second violation within one year of the date of the first violation and two thousand five hundred dollars ($2,500.00) for each additional violation within one year of the date of the first violation. 2. Each day that any violation of this section continues shall constitute a separate offense. 3. Violation notices or citations for violations of this section may be issued, served, and resolved in accordance with other ordinance violations of this code" SECTION 2 —That upon passage of this amendment, the City Clerk shall be instructed to submit to the Codifiers or Municipal Ordinance the said Ordinance amendment for insertion in its proper place and each copy of this Code within thirty (30)days of its final passage. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19'" day of February,2019 upon a roll call vote as follows: AYE'S: Aldermen Quin Mayhew,Angela Lingenfelter,Tad Putrich,Angela Hale, Craig West,John Lovell,Justin Nelson, Ryan Mayhew NAYE'S None 3 ABSENT None APPROVED:_ Mayor Kent M63,6well ATTES City Cler t lana Pav ey 4