[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;
B. 
Employers or agents of the Illinois American Water Company or the Village engaged in:
(1) 
Construction, repair, maintenance or replacement of water system infrastructure;
(2) 
Normal and routine flushing of the potable water supply system; or
(3) 
Testing of the potable water supply system.
[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:
EMPLOYEE
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.
EMPLOYER
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.
ENCLOSED AREA
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.
PLACE OF EMPLOYMENT
A. 
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.
B. 
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]
PUBLIC PLACE
A. 
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:
(1) 
Vehicles of public conveyance;
(2) 
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;
(3) 
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.
(4) 
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.
B. 
"Public place" shall not include:
(1) 
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]
(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
(3) 
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.
PUBLIC TRANSPORTATION FACILITIES
Ticket, boarding and waiting areas of all public transit depots.
RESTAURANT
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.
RETAIL TOBACCO STORE
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.
SERVICE LINE
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.
SMOKE or SMOKING
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]
THEATER
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.
TAVERN or BAR
Any establishment which is duly licensed as a tavern by the Village to sell alcoholic liquor at retail.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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. 
Owner/Operator liability.
(1) 
It shall be unlawful for any person who owns, operates or otherwise controls any premises or facility subject to regulation under this article to fail to comply with any of the requirements of §§ 119-4 through 119-9 of this article.
(2) 
It shall be unlawful for the owner, occupant or lessee, as the case may be, in control of a public place to knowingly permit smoking in any public place or place of employment.
(3) 
The owner, operator or other person in control of such premises or facility shall at all times be responsible for the actions of his or her employees or agents within the facility as they relate to the requirements set forth in §§ 119-4 through 119-9 of this article.
B. 
It shall be unlawful for any person to smoke in any area designated pursuant to this article as a nonsmoking area or to otherwise fail to comply with §§ 119-4 through 119-9 of this article.
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.
Proceedings to enforce violations of this article may be initiated and conducted in accordance with and pursuant to the administrative adjudication provisions of Chapter 1, Article III, Penalties and Enforcement, of the Village Code or by any other means provided by law.
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]
[1]
Editor's Note: Former Art. III, Dedication of Land or Fees for Fire Station Sites, adopted 7-28-2009 by Ord. No. 09-053, as amended, which immediately followed this subsection, was repealed 12-13-2017 by Ord. No. 17-065. See now Ch. 138, Land Use and Site Development.