[HISTORY: Adopted by the City Council of
the City of Evanston 12-19-2006 by Ord. No. 06-17, effective 9-4-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 10 was repealed
by Ord. No. 86-1.
A.Â
The governing body of the City of Evanston does hereby
find that:
(1)Â
Numerous peer reviewed studies have found that tobacco
smoke is a major contributor to indoor air pollution and that breathing
secondhand smoke is a cause of disease in healthy nonsmokers, including
heart disease, stroke, respiratory disease, and lung cancer. At special
risk are children, elderly people, individuals with cardiovascular
disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease.
(2)Â
Health hazards induced by breathing secondhand smoke
include lung cancer, heart disease, respiratory infection, and decreased
respiratory function, including bronchoconstriction and bronchospasm.
(3)Â
A significant amount of secondhand smoke exposure
occurs in the workplace. Employees who work in smoke-filled businesses
suffer a twenty-five- to fifty-percent higher risk of heart attack
and higher rates of death from cardiovascular disease and cancer,
as well as increased acute respiratory disease and measurable decrease
in lung function.
B.Â
Accordingly, the governing body finds and declares
that the purposes of the ordinance codified in this chapter are:
As used in this chapter, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
Any legal entity, including, but not limited to, a sole proprietorship,
partnership, joint venture, corporation or other business entity whether
formed for profit-making or nonprofit purposes, including retail establishments
where goods or services are sold, as well as professional corporations
and other entities where legal, medical, dental, engineering, architectural
or other professional services are delivered.
Include, but are not limited to, facilities where organized
youth and adult soccer, softball, baseball and any other youth or
adult athletic team activities occur, whether the facility is enclosed
or not. This definition shall not include golf courses.
Any person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, and a person who
volunteers his or her services for a nonprofit entity.
A person, business, partnership, association, corporation,
trust, nonprofit entity, or a municipal corporation that employs the
services of one or more individual persons.
All space between a floor and ceiling that is enclosed on
all sides by solid walls or windows, exclusive of doorways, which
extend from the floor to the ceiling.
The Uinta County Fire Protection and Emergency Services Joint
Powers Board.
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 or other clinics, including 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 with these professions. This definition
shall include all waiting rooms, hallways, private rooms, semiprivate
rooms, and wards with health care facilities.
An outdoor area, open to the air at all times, that either:
A.Â
Is enclosed by a roof or other overhead covering and
not more than two walls or other side coverings; or
B.Â
PERFORMANCE HALL
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC PLACE
PUBLIC TRANSPORTATION
RESTAURANT
RETAIL SALES
SHOPPING MALL
SMOKE or SMOKING
SMOKING INSTRUMENT
SPORTS ARENA
TAVERN, LOUNGE OR BAR
YOUTH
Has no roof or other overhead covering at all regardless
of the number of walls or other side coverings.
Any area or facility that is primarily used for the exhibition
of any motion picture, stage, drama, lecture, musical recital or other
similar performances, including, but not limited to, concert halls
and theaters.
An area under the control of an employer which is intended
for occupancy by employees during the course of employment, including,
but not limited to, work areas, employee lounges, restrooms, conference
rooms, meeting rooms, classrooms, employee cafeterias, waiting areas,
offices, stairways, and hallways. A private residence is not a place
of employment unless it is used as a licensed child care, licensed
adult day care, health care or preschool facility, or any other aforementioned
business.
Those organizations or entities defined as a "club" in Wyoming
Statutes § 12-1-101(a)(iii), which are not open to the public.
An enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, and
other financial institutions, publicly funded buildings, public conveyances,
recreational facilities, taverns, lounges, bars, educational facilities,
health care facilities, laundromats, public transportation facilities,
reception areas, restaurants, retail food production and marketing
establishments, including grocery stores, supermarkets and stores
where food items are sold for on-premises or off-premises consumption,
retail service establishments, retail stores, shopping malls, sports
arenas, theaters, and waiting rooms. A private residence is not a
public place unless it is used as a licensed child care, licensed
adult day care, health care or preschool facility.
Means, but is not limited to, any enclosed mode of public
transportation, including a train, passenger bus, school bus or other
vehicle used to transport pupils, and taxi; or a vehicle that is owned
by or operated by a business and is open to the public, including
tour vehicles, passenger buses or vans regularly used to transport
customers. Notwithstanding the foregoing, a private vehicle not open
to the public or not used for the transportation of the public during
the times of use, including a private passenger vehicle, a private
charter or rental of a limousine, bus or van, shall not be considered
public transportation.
An eating establishment, including, but not limited to, coffee
shops, cafeterias, and public and private school cafeterias, which
gives or offers for sale food to the public, guests, or employees,
as well as kitchens and catering facilities in which food is prepared
on the premises and served elsewhere. The term "restaurant" shall
include any tavern, lounge or bar area within the restaurant.
Establishments engaged in the sale of goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods. A retail sales establishment
is usually a place of business and is engaged in activity to attract
the general public to make purchases.
An enclosed public walkway or hall area that serves to connect
retail sale or professional service establishments.
The inhaling, exhaling, burning or carrying of any lighted
tobacco product, weed, plant or other combustible product in a smoking
instrument or the placement of smoking instruments containing a lighted
tobacco product, weed, plant or other combustible product in an ashtray
or other receptacle and allowing smoke to diffuse into the air. This
definition does not include incense.
Any cigar, cigarette, pipe, hookah or water pipe, or any
other smoking device.
Any enclosed sports pavilions, stadiums, gymnasiums, health
spas, swimming pools, roller and ice rinks, bowling alleys, and other
similar places where members of the general public assemble to engage
in physical exercise, participate in athletic competition, or witness
sports or other events.
Any establishment open to the public whose primary source
of revenue is from the sale of alcoholic liquor and malt beverages
for consumption by guests on the premises and in which the serving
of food is only incidental to the consumption of such beverages, including,
but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
Any person who has not attained 18 years of age.
All enclosed areas, including buildings and
vehicles owned, leased or operated by the City of Evanston, shall
be subject to the provisions of this chapter.
Smoking shall be prohibited in all enclosed
areas of public places within the City, including, but not limited
to, the following:
A.Â
Galleries, libraries and museums;
B.Â
Areas available to and customarily used by the general
public in businesses and for-profit or nonprofit entities patronized
by the public, including, but not limited to, professional offices,
banks, laundromats, hotels and motels;
C.Â
Bingo and/or pull tab gaming premises;
D.Â
Convention facilities;
E.Â
Elevators;
F.Â
Taverns, lounges or bars;
G.Â
Health care facilities, nursing homes and long-term
care facilities;
H.Â
Licensed child care, adult day care and preschool
facilities;
I.Â
Lobbies, hallways and other common areas in apartment
buildings, condominiums, trailer parks, retirement facilities, nursing
homes, and other multiple-unit residential facilities;
J.Â
Performance halls;
K.Â
Election polling places;
L.Â
Private clubs;
M.Â
Restaurants;
N.Â
Restrooms, lobbies, reception areas, hallways, and
other common-use areas;
O.Â
Retail stores;
P.Â
Rooms, chambers, places of meeting or public assembly,
including school buildings, under the control of an agency, board,
commission, committee or governing body of the City of Evanston, to
the extent the place is subject to the jurisdiction of the City of
Evanston;
Q.Â
Shopping malls;
R.Â
Sports arenas and convention halls, including bowling
facilities;
S.Â
Public transportation;
T.Â
City-owned youth and adult athletic facilities.
A.Â
Smoking shall be prohibited in all enclosed areas
within places of employment, including, but not limited to, common
work areas, auditoriums, classrooms, conference and meeting rooms,
elevators, hallways, medical facilities, cafeterias, employee lounges,
stairs, restrooms, public transportation vehicles and all other enclosed
facilities.
B.Â
Employers affected by this chapter shall communicate
the provisions of this chapter to all existing employees by the effective
date of the ordinance and to all prospective employees on their application
for employment.
Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of § 10-11 of this chapter is posted.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of §§ 10-4 and 10-5 of this chapter:
A.Â
Private residences, except when used as a licensed
child care, licensed adult day care, preschool or health care facility;
B.Â
Hotel and motel rooms that are rented to guests and
are designated as smoking rooms;
C.Â
Outdoor places of employment;
D.Â
Private offices, provided that the private office
is not open to public, the public is not invited, and the office is
not intended for occupancy by employees during the course of their
employment;
E.Â
Outside patios. The opening of any sliding or folding
windows or doors or other windows or doors from any part of the border
to an outdoor patio shall be closed to prevent the migration of smoke
into the enclosed area. If sliding or folding windows or doors or
other windows or doors do not prevent the migration of smoke into
the enclosed building area, the outdoor patio shall be considered
an extension of the enclosed area and subject to the prohibitions
of this chapter;
F.Â
Private or business vehicles, except those used for
public transportation.
The City will disseminate public information
to explain and clarify the purposes and requirements of this chapter.
Information may include the availability of a brochure for affected
businesses and individuals.
This chapter shall not be interpreted or construed
to permit smoking where it is otherwise restricted or prohibited.
Violations of this chapter may be reported to
the Evanston Police Department at the time of violation by telephoning
nonemergency dispatch. In addition:
A.Â
The Evanston Police Department shall respond to complaints
made for violations occurring at the time of the complaint. The Evanston
Police Department may issue citations or warning tickets at the discretion
of the responding officer.
B.Â
Violators will be provided a copy of any warning ticket
or citation issued.
A.Â
"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 in every public place and place of employment
where smoking is prohibited by this chapter.
B.Â
The owner, operator, manager or other person having
control of an area where smoking is prohibited shall remove all ashtrays
or other smoking instruments if their intended use is for smoking
in such enclosed area.
No person or employer shall discharge, refuse
to hire, or in any manner retaliate against an employee, applicant
for employment or customer because that employee, applicant, or customer
exercises any rights afforded by this chapter or reports or attempts
to prosecute a violation of this chapter.
A.Â
A person who violates the provisions of this chapter is guilty of a misdemeanor, punishable pursuant to the general provisions of § 1-5 of the City Code.
B.Â
A person who owns, manages, operates or otherwise controls a public place or place of employment and who knowingly fails to comply with the provisions of this chapter after receiving oral or written notice from the City shall be guilty of a misdemeanor as set forth in Subsection A above.
C.Â
In addition to the penalties established by Subsections A and B of this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any City permit or license issued to the person for the premises on which the violation occurred, pursuant to the ordinance under which the license is issued. Further, violation of this chapter constitutes a public nuisance.
D.Â
Each separate violation of this chapter shall be considered
a separate and distinct violation.
A.Â
Any Evanston Police Department law enforcement officer
shall be authorized to enforce the provisions of this chapter.
B.Â
Notice of the provisions of this chapter shall be
given to all applicants for City business, food or alcohol-related
licenses and permits and distributed through other means, as determined
by the City.
C.Â
Any citizen who desires to register a complaint under this chapter may initiate enforcement action under the procedures set forth in § 10-10.
D.Â
Failure of the owner, manager, operator or employee
of an establishment to orally inform a person who smokes in an area
where smoking is prohibited by the provisions of this chapter shall
not constitute a defense.
This chapter shall be liberally construed so
as to further its purposes.
If any section, subsection, or clause of this
chapter shall be deemed to be unconstitutional or otherwise invalid,
the validity of the remaining sections, subsections, and clauses shall
not be affected.
The territorial jurisdiction of the regulations
found in this chapter shall include all of the incorporated lands
located within the City and, pursuant to Wyoming Statute § 15-3-202,
such other territory peripheral to the City which is located within
one-half mile of the corporate limits.