No person shall establish a cemetery or bury any person within
the Village limits, or within a mile thereof, except in an established
cemetery.
It shall be unlawful to spit or expectorate on any public sidewalk,
street, or other public place, or on the floor or walls of any store,
theater, hall, public vehicle, or other place frequented by the public
or to which the public is invited.
[Added 3-8-2017 by Ord.
No. 17-05]
A.
Definitions. As used in this section, the below terms shall have
the following ascribed meanings:
- BAR
- An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.
- EMPLOYEE
- A 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
- A person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individual persons.
- ENCLOSED AREA
- All space between a floor and a ceiling that is enclosed or partially enclosed with:
- ENCLOSED OR PARTIALLY ENCLOSED SPORTS 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.
- HEALTH CARE 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. "Health care facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care 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 15 feet 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 child care, foster care, adult care, or other similar social service care on the premises, is not a "place of employment."
- (1) A not-for-profit association that:
- (a) Has been in active and continuous existence, whether incorporated or not, since January 1, 2005, or earlier;
- (b) Is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times;
- (c) Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes, but not for pecuniary gain; and
- (d) Only sells alcoholic beverages incidental to its operation.
- (a)
- (2) 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 bylaws, 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 26 U.S.C. § 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, the Village of Coal City, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance of 15 feet 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 child care, foster care, or other similar social service care on the premises. A "public place" includes, but is not limited to, 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, health care 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 75% 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 gives or offers 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 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" 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, inhaling, exhaling, burning or carrying of any kind of lighted or burning cigarette, cigar, pipe, hookah, weed, herbs, or other lighted tobacco product or smoking equipment in any manner or in any form.
B.
Smoking prohibited in public places and places of employment.
(1)
It shall be unlawful for any person to smoke in any public place
or place of employment within the Village of Coal City.
(2)
It shall be unlawful for any person to smoke in any place designated as a no-smoking area, as provided in Subsection D.
(3)
It shall be unlawful for an employer to knowingly permit smoking
in any enclosed area in any place of employment.
(4)
It shall be unlawful for an employer, owner, occupant or lessee in
control of a public place to knowingly permit smoking in any enclosed
area in said public place.
C.
Exceptions to prohibition on smoking in public places and places of employment. The prohibitions on smoking set forth in Subsection B shall not apply to:
(1)
Hotel and motel sleeping rooms 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
under the provisions of this section. Not more than 25% of the rooms
rented to guests in a hotel or motel may be designated as rooms where
smoking is permitted. The status of rooms as smoking or nonsmoking
may not be changed, except to add additional nonsmoking rooms.
(2)
Private vehicles, not including public transportation facilities
or government vehicles.
(3)
Private residences or dwelling places, except when used as a child
care, adult day care, health care facility, or any other home-based
business open to the public.
(4)
Private and semiprivate rooms in nursing homes and long-term care
facilities that are occupied by one or more persons, all of whom are
smokers and have requested in writing to be placed in a room where
smoking is permitted.
(5)
Any public place or place of employment that is a tobacco dealer,
whose principal business is the sale of retail of tobacco and tobacco-related
products, provided that smoke generated by smoking on the premises
of the tobacco dealer does not infiltrate into enclosed areas where
smoking is otherwise prohibited, and no food or liquor license has
been granted.
D.
Smoking prohibited in public parks and Village-owned buildings and
facilities. It shall constitute a nuisance and be unlawful for any
person to smoke within a building, facility, vehicle, and on the premises
of any park or other outdoor recreational or other outdoor venue owned,
leased or otherwise in the possession or under the control of the
Village of Coal City, including, without limitation, parks, gazebos,
pavilions, playgrounds, decks, and patios, and within 15 feet of any
entrance to, exit from, windows that open and ventilation intakes
that serve any such Village-controlled building, structure or facility.
No-smoking signs shall be conspicuously placed on the inside of all
buildings owned, operated, leased and maintained by the Village and
shall be placed conspicuously at the primary entrance to all parks
and outdoor recreational facilities owned by the Village.
E.
Designation of other no-smoking areas. Notwithstanding any other provision of this section, any employer, owner, occupant, lessee, operator, manager, or other person in control of any public place or place of employment may designate a nonenclosed area of said public place or place of employment, including outdoor areas, as an area where smoking is also prohibited, provided that such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in Subsection F of this section.
F.
Responsibilities of proprietors. Each owner, lessee, occupant, employer
or other person in control of a public place or a place of employment
shall be responsible for all the following:
(1)
Post conspicuous signs no smaller than five inches by seven inches
in enclosed areas and the entrance or vestibule to the public place,
place of employment or the building wherein they are located, as the
case may be, bearing the text "No Smoking" or the international "No
Smoking" symbol, which consists of a pictorial representation of a
cigarette enclosed in a circle with a bar across it. Such signs shall
also be posted outside of the main entrance to the public place or
place of employment, shall reference the fifteen-foot buffer zone
in which smoking is prohibited, and shall contain the telephone numbers
of the designated enforcement authorities noted in this section, in
addition to the telephone number and website designated by the Illinois
Department of Public Health for registering complaints.
(2)
Remove ash trays or other similar containers intended for the deposit
of tobacco ash, cigarettes, cigars or other tobacco products from
public places.
(3)
Request any person who smokes in an area where smoking is prohibited
to refrain from smoking and, if the person continues to smoke, request
the person to leave.
(4)
Notify employees regarding the requirements of this section.
G.
Enforcement.
(2)
Notice of the provisions of this section shall be given to all applicants
for a business license in the Village of Coal City.
(3)
Any citizen who desires to register a complaint under this section
may initiate enforcement by contacting the Village of Coal City.
(4)
An employer, owner, lessee, manager, operator, or employee of an
establishment regulated by this section shall inform persons violating
this section of the appropriate provisions thereof and request that
the violator cease smoking in a prohibited area and, if the person
continues to smoke, request the person to leave.
H.
Penalties.
(2)
Any person who shall violate Subsection B(3) or (4) shall, on conviction thereof, be punished by a fine of $250 upon conviction for the first violation and $500 for a second conviction within one year of the initial violation of Subsection B(3) or (4). A third violation within one year of the first violation of Subsection B(3) or (4) shall be cited as a violation of the Act rather than the local ordinance. Each day in which a violation of Subsection B(3) or (4) occurs constitutes a separate and distinct violation.
(3)
Any person who shall violate Subsection B(5) of this section shall, on conviction thereof, be punished by a fine of $250 for each violation. Each day during which a violation of Subsection B(5) continues beyond the specified time for correction shall constitute a separate punishable offense, although owners, operators, managers or other controllers of public places and places of employment shall be given a reasonable time to come into compliance with Subsection B(5) following issuance of a notice of violation, but such period shall not, in any event, exceed one week.
(4)
In addition to the fines established by this subsection, violation
of this section 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 permit or license issued to the person for the
premises on which the violation occurred.
(5)
Violation of this section is hereby declared to be a public nuisance,
which may be abated by an action in the Circuit Court for injunctive
relief, or other means provided for by law, and the Village may take
action to recover the costs of the nuisance abatement.
