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Home My WebLink AboutOrdinance #2010ORDINANCE NO. 2010 AN ORDINANCE REPEALING AND REPLACING CHAPTER 14 (SMOKING) OF TITLE 6 (POLICE REGULATIONS) OF THE CANTON MUNICIPAL CODE WHEREAS, on January 1, 2008, Smoke Free Illinois (410 ILCS 82 et. seq.) went into effect; and WHEREAS, Section 60 of Smoke Free Illinois (410 ILLS 82/60) allows any non-home rule municipality to regulate smoking pursuant to the Act; and WHEREAS, smoking creates a risk to the personal health of those in the environment of such smoke as well as the risk of potential damage to property that may result from the combustible nature of such substance; and WHEREAS, the City of Canton is a non-home rule municipality that desires to regulate smoking in public places, in enclosed indoor areas used by the public and enclosed indoor areas as a place of work pursuant to the authority vested to it by 410 ILCS 82/65; and WHEREAS, based on the foregoing, the Legal and Ordinance Committee determined that it is necessary and in the best interests of the citizens of Canton, Illinois to repeal and replace Chapter 14 (Smoking) of Title 6 (Police Regulations) of the Canton Municipal Code to exercise their statutorily granted authority per 410 ILCS 82/65 and prohibit smoking in the areas defined in the ordinance; and WHEREAS, the City Council has made a similar determination. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois, as follows: SECTION I: That Section 6-14-1 entitled "Smoking Prohibited Near Gasoline or Fuel" of the Canton Municipal Code, shall be, and is hereby, repealed in its entirely and replace with a new Chapter 14, Title 6, which shall be and read as follows: A. Title and Purpose. This ordinance 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 breath 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 Chapter, the following terms shall have the following meanings: a. Beer Garden means a seating area open to the air that is supplemental to a Class A liquor license, as defined in Section 3-8-4(A)(s) of the Canton Municipal Code. b. Employee means 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 anon-profit entity. c. Employer means any person, business, partnership, association or corporation, including municipal corporations, trust or non-profit entity that employees one or more employees. d. 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 ceiling. Place of employment means 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 day care facility for children or adults. f. Public place means 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. g. Smoke or smoking means inhaling, exhaling, burning, carrying or possessing a lighted cigar, cigarette, pipe or other combustible substance in any manner of form. C. Prohibition in Public Places, Places of Employment and Government Vehicles. No person shall smoke in a public place or in any place of employment or within 15 feet 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 Chapter. D. Designation of Other No-Smoking Areas. Nothing in this Chapter 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 Chapter 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 chapter. 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 Chapter shall not apply to the following specific locations and circumstances: 2 a. Private residences or dwelling places, except when used as child or adult daycare or other home-based business open to the public. b. 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 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 antobacco-related products in quantity for resale. c. Private and semi-private rooms in a convalescent or nursing home (as defined in Section 10-1-12 of the Canton Zoning Code) where each resident occupant of the room as signed a written waiver authorizing smoking in the room. d. Hotel or motel rooms designated as smoking, provided that no more than 10% of the available rooms for rent in any single hotel or motel facility shall be designated as smoking rooms. Nothing in this Chapter 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. e. Beer gardens, provided that it is operated by a Class A liquor license holder, with a Subclass A supplemental license and s~lbject to the restrictions set forth in Section 3-8- 4(A)(2) of the Canton Liquor Code and that the smoking occurs more than 15 feet from the entrance, exit, windows that open or ventilation intake. G. Penalties. a. Any person who violates this Chapter shall be fined $100 for a first violation and $250 for each subsequent violation. A person who owns, operates, or otherwise controls a public place or place of employment that violates this Chapter shall be fined $250 for the first violation and $500 for the second violation within one year of the date of the first violation and $2,500 for each additional violation within one year of the date of the first violation. b. Each day that any violation of this Chapter continues shall constitute a separate offense. c. Violation notices or citations for violations of this Chapter may be issued, served, and resolved in accordance with other ordinance violations of the City Code. H. Severability. If any provision or part of this Chapter or the application thereof to any person or circumstance is held to be invalid, the remainder of the chapter and the application of the provision or part thereof to other persons not similarly situated or to other circumstances shall be no affected thereby. SECTION II: This Ordinance shall be in full force and effect on, but not before September 1, 2010, and following its passage, approval, and publication in pamphlet form in the manner provided by law. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this Ord day of Auk-ust , 2010, upon a roll call vote as follows: AYES: Alderman West, Alderman Sarff, Alderman Reed, Alderman Schenck, Alerman Hartford, Alderman Pickel, Alderman Rivero, Alderman Ellis NAYS: None ABSENT: None '~ A roved: (~J` - -~s~ pp Kevin R. Meade, M yor Attest: Tana ucker, City Clerk 4