[HISTORY: Adopted by the President and Board of Trustees
of the Village of Homer Glen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-20-2005 by Ord. No. 05-048]
No person shall operate a fire hydrant or otherwise remove water
from the potable water supply system through a fire hydrant without
first having provided the Village with evidence of written authorization
from the Illinois American Water Company to operate the fire hydrant
and remove potable water from the system. Such authorization shall
include the name of the persons authorized to operate the fire hydrant,
the location of the fire hydrant to be operated and the duration of
such use.
The following persons shall be exempt from the provisions of § 119-1 hereof:
A.
Persons engaged in fire-fighting or emergency response activities;
[Amended 4-27-2016 by Ord. No. 16-010]
Any persons violating any provision of this article shall, upon
conviction thereof, be punished by a fine of not less than $100 and
not more than $1,000 plus the court costs.
[Adopted 1-22-2008 by Ord. No. 08-004]
For the purpose of this article, the following words or combination
of words are defined as follows:
Any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers his or her services for a nonprofit entity.
Any person, partnership, corporation, including a municipal
corporation, or nonprofit entity, who or which employs the services
of one or more individual persons or supervises volunteers.
All space between a floor and ceiling which is enclosed on
all sides by solid walls or windows (exclusive of doors or passageways)
which extend from the floor to the ceiling, even though such space
may be internally divided by partitions which do not extend to the
ceiling or are not solid, "office landscaping" or similar structures.
Any enclosed area under the control of a public or private employer
which employees are normally required or permitted by the employer
to frequent during the course of employment, including, but not limited
to, common work areas, private offices, employee lounges and rest
rooms, conference areas, employee cafeterias, elevators, stairways
and hallways.
A private dwelling unit is not a "place of employment" unless
it is used as a day-care facility for children or adults; a health-care
facility or home-based business that is open to the public.[1]
Any enclosed area that is open to and used by the general public,
or any enclosed area to which the public is invited or in which the
public is permitted, including, without limitation:
Vehicles of public conveyance;
Common or public areas (including, without limitation, lobbies,
hallways, reception areas, public rest rooms, and elevators) of apartment
buildings, condominiums, dormitory buildings, nursing home care facilities,
and other multiple-family residential structures;
Common or public areas (including, without limitation, lobbies,
hallways, reception areas, public rest rooms, and elevators) 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 doctors' offices, nursing
homes, museums, libraries, bowling alleys, laundromats, enclosed and
partially enclosed sport arenas, restaurants, polling places, government
and Village-owned buildings, food stores, cafeterias, theaters, auditoriums,
public transportation facilities, hotels, motels, retail stores (except
tobacco stores), service establishments, service lines and waiting
rooms, schools, concert halls, taverns, bars, exhibition halls, private
clubs, and gaming facilities.
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 Village where
there is in progress any public meeting.
"Public place" shall not include:
A private dwelling unit, unless said dwelling is also used as
a day-care facility for children or adults, a health-care facility
or home-based business that is open to the public;[2]
Hotel or motel rooms designated as smoking rooms, provided that
no more than 20% of the available rooms for rent in any single building
shall be designated as smoking rooms; or
An established smoking area incidental to the sale of tobacco
in a retail tobacco store, provided such smoking area is in existence
prior to January 1, 2008.
Ticket, boarding and waiting areas of all public transit
depots.
Any eating establishment, including, but not limited to,
any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain,
private and public school cafeteria or dining areas contained within
any organization, club, boardinghouse, bed-and-breakfast or guesthouse,
which gives or offers for sale food to the public, guests, patrons
or employees as well as kitchens in which food is prepared on the
premises for serving elsewhere, including catering facilities.
A retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental and which does not possess and is not required to
possess a restaurant and/or liquor license.
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
Carrying, smoking, burning, inhaling, or exhaling any kind
of lighted pipe, cigar, cigarette, hookah, weed, herbs or other lighted
smoking equipment. "Smoke or smoking" does not include smoking that
is associated with a native recognized religious ceremony, ritual,
or activity by American Indians that is in accordance with the federal
American Indian Religious Freedom Act, 42 U.S.C. §§ 1996
and 1996a.[3]
Any building not open to the sky which is primarily designated
for the purpose of exhibiting any motion pictures, stage, drama, lecture,
musical recital or other similar performance.
Any establishment which is duly licensed as a tavern by the
Village to sell alcoholic liquor at retail.
Smoking shall be prohibited in any public place as defined in § 119-4 of this article.
Smoking shall be prohibited in any place of employment as defined in § 119-4 of this article.
Smoking within 15 feet of a public and/or employee entrance
to a public place and/or to a place of employment shall be prohibited.
Any owner, occupant, lessee, operator, manager or other person in control of a public place or place of employment may designate the entire facility, including outdoor areas where smoking might otherwise be permitted, as nonsmoking areas, provided the owner, occupant, lessee, operator, manager or other person in control of the areas conspicuously posts signs wherever smoking is to be prohibited in accordance with § 119-9 of this article.
A.
Each owner, occupant, lessee, operator, manager or person in charge
of a public place or place of employment shall conspicuously post
"No Smoking" signs at each entrance to such public place or place
of employment. All such signs shall be prominently displayed and shall
clearly recite the phrase "No Smoking" in red letters on a white field
and/or use the international "no smoking" symbol. Ashtrays shall be
removed from all areas where smoking is prohibited.
B.
For purposes of this section, any hotel or motel which prohibits
smoking anywhere on its premises, except for authorized smoking rooms,
shall be considered to be a building which does not allow smoking
anywhere on its premises.
C.
No person shall willfully remove, obscure, mutilate, deface or destroy
any sign posted pursuant to this section.
D.
Every theater, auditorium or assembly hall owner, manager or operator
shall conspicuously post signs in the lobby stating that smoking is
prohibited within such theater, auditorium or assembly hall.
A.
C.
Any person who smokes in a prohibited area shall be fined $100 for
a first offense and not more than $250 for each subsequent offense.
A person who owns, operates, or otherwise controls a public place
or place of employment who violates this article shall be fined not
less than $250 for the first violation, not less than $500 for the
second violation within one year after the first violation, and not
less than $1,000 for each additional violation within one year after
the first violation. A person who owns, operates or otherwise controls
a public place or place of employment who commits four or more violations
of this article in any twelve-month period may also have his or her
business license or liquor license suspended or revoked.
[Amended 4-27-2016 by Ord. No. 16-010]
No person or employer shall discharge, refuse to hire, or in
any manner retaliate against any employee, applicant for employment
or customer because that employee, applicant or customer reports a
violation of this article.
All premises affected by this article, which are established
subsequent to the approval date hereof, shall be required to comply
with this article as a condition to obtaining a valid business license.
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws,
including 410 ILCS 82/10 et seq.[1]
