[HISTORY: Adopted by the President and Board of Trustees of the Village of Forrest as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-16-2020 by Ord. No. 2020-05]
As used in this article, the following terms and words shall have the following meaning:
PLAYGROUND
Any park or recreational area designed to be used by children to play or have sports equipment installed or has been designated or landscaped for play or sports activities or any similar facility located on public or private school grounds within the Village.
PUBLIC PLACE
Any area to which the public is invited or permitted, including but not limited to waiting areas for any businesses, rest rooms, government or civic buildings, educational facilities, medical or health facilities, and hotel and/or motels.
SMOKING
Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, weed, or any other lighted or heated tobacco or plant product intended for ventilation. "Smoke" or "smoking" also includes products containing or delivering nicotine intended or expected for human consumption (such as e-cigarettes), or any part of such a product.
VILLAGE
The Village of Forrest, Illinois.
A. 
Smoking is and shall be prohibited in all public places within the Village of Forest, including but not limited to the following places:
(1) 
Areas available to and customarily used by the general public and business, including but not limited to professional and commercial offices and office buildings such as banks, grocery stores, convenient stores, retail establishments of all types, and hotels/motels.
(2) 
Educational facilities, both private and public if any.
(3) 
Health care facilities and offices.
(4) 
Restaurants.
(5) 
Rest rooms, lobbies, reception areas and other common use areas within public buildings.
(6) 
Public sidewalks located within the Village of Forrest.
B. 
The Village of Forrest incorporates the Illinois Smoke Free Illinois Act (410 ILCS 82\1 et seq.).
Smoking is and shall be prohibited in all areas of the Village-owned parks, playgrounds, or public use lands where the general public congregates, including but not limited to public bleacher areas, pavilions, concession areas, playgrounds, outdoor cooking areas, gazebos, tennis courts, playing fields, dugouts, parking lots, walking/running track areas, and other outdoor locations where the public may gather.
Notwithstanding any other provisions of this article to the contrary, the following areas shall be exempted from the provisions of this article:
A. 
Private residences, except smoking is prohibited at all times within any private residences that is a licensed child day care, adult day care, or health-care facility.
B. 
Retail tobacco stores as defined in Section 10 of the Illinois Smoke Free Act, specifically 410 ILCS 82/35.
C. 
Hotel and motel sleeping rooms that are rented to guests that are specifically designated smoking rooms, provided that all smoking rooms are on the same floor and the rooms are contiguous and the smoke from the rooms does not infiltrate into nonsmoking rooms or other areas where smoking is prohibited.
D. 
Areas in excess of 15 feet from the entrance of any defined public place set forth herein.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Any employer, owner, occupant, lessee, manager or other person in control of a public place or place of employment may designate additional nonsmoking areas. The designated area shall be outdoors and maintain a conspicuously posted sign indicating the prohibition of smoking in accordance with Subsections (A) and (B) of Section 20 of 410 ILCS 82 of the Illinois Smoke Free Act.
A. 
This article shall be enforced by the Village Code Enforcement Officer, police officers, fire department officials, or by the employees of the Livingston County Public Health Department, or an authorized designee.
B. 
Notice of the provisions of this article shall be given to all applicants for a business license in the Village of Forrest.
C. 
Any citizens who desires to register a complaint under this article may initiate enforcement with the Livingston County Public Health Department.
D. 
The Health Department, Fire Department, or other designee shall, while an establishment is undergoing inspections, inspect for compliance with this article.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
E. 
An owner, manager, operator or employee of an area regulated by this article shall direct a person who is smoking in violation of this article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator or employee shall contact law enforcement.
F. 
Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article.[1]
[1]
Editor's Note: Original Section 5.G, regarding violations, of Ord. No. 2020-05, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 100, General Provisions, Art. I).
A. 
Any person found guilty of violating the provisions of this article shall be fined $100 plus court costs for the first violation. A person who smokes in undesignated areas shall be liable $250 for each additional violation occurring within one year of the first violation.
B. 
A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of infraction, punishable by:
(1) 
A fine not exceeding $100 for the first violation.
(2) 
A fine not exceeding $500 for the second violation occurring within one year of any previous violation.
(3) 
A fine not exceeding $2,000 for each additional violation occurring within one year of any previous violation.
C. 
A violation of this article by a person who owns, manages, operates, or otherwise controls a public place may result in a suspension or revocation of any permit or license to the person for the premise for which the violation occurred.
A. 
Nothing in this section excuses noncompliance with any federal or state ordinance or any rule or regulations which prohibits smoking.
B. 
Notwithstanding any other provisions of this article any owner, operator, or any other person in control of an establishment, facility or business may declare that entire establishment, facility, or business as a nonsmoking place.
Smoking is and shall be prohibited within a reasonable distance of 15 feet outside an enclosed area where smoking is prohibited, including a reasonable distance of 15 feet to each and every exterior door to the establishment that is generally accessible by patrons and employees so as to ensure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or other means.
The provisions of this article are severable if any part of this article is declared invalid or unconstitutional by a court of competent jurisdiction that declaration shall not affect that part or parts of the ordinance that remain.
This article shall be in full force and effect after its adoption and publication as required law commencing at 12:00 midnight, May 17, 2020.
[Adopted at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE NICOTINE PRODUCT
A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.
ELECTRONIC CIGARETTE
Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device.
SMOKELESS TOBACCO
Any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.
TOBACCO PRODUCTS
Any cigar, cigarette, electronic cigarette, smokeless tobacco, tobacco, or any alternative nicotine product in any of its forms.
VENDING MACHINE
Any mechanical device used or intended to be used for retail sales of any tobacco products, the operation of which is governed or controlled by the deposit of currency, a coin, or a token.
Prohibition on sale or distribution of tobacco products to persons under 21 years of age and the use and possession of tobacco products by persons under 21 years of age:
A. 
No person under 21 years of age shall buy or possess any tobacco products.
B. 
No person shall sell to, buy for, distribute samples of, or furnish or give any tobacco products to any person under 21 years of age.
C. 
No person under 21 years of age may sell any tobacco products at a retail establishment selling tobacco products. This subsection does not apply to a salesclerk in a family-owned business which can prove that the salesclerk is, in fact, a son or daughter of the owner.
Tobacco products may be sold through a vending machine only in the following locations.
A. 
Places to which persons under 21 years of age are not permitted access.
B. 
Places where alcoholic beverages are sold and consumed on the premises.
C. 
The term "vending machine" means any mechanical device used or intended to be used for retail sales of any tobacco products, the operation of which is governed or controlled by the deposit of currency, a coin, or a token.
No person in the furtherance or facilitation of obtaining tobacco products shall display or use a false or forged identification card or transfer, alter, or deface an identification card.
Any person who violates any provision of this article is guilty of a petty offense, and for the first offense, shall be fined $200 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the second offense in a twenty-four-month period, the person shall be fined $400; for the third offense in a twenty-four-month period, the person shall be fined $600; and fined $800 for the fourth or any subsequent offense in a twenty-four-month period.
A. 
No person may sell cigarettes at retail using a cigarette vending machine unless a sign with the message "SURGEON GENERAL'S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT" is displayed in plain view on the machine.
B. 
No person may sell or offer to sell cigarettes at retail unless a sign with the message "SURGEON GENERAL'S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT" is posted in a conspicuous place upon the premises. This subsection does not apply to sales of cigarettes through cigarette vending machines to which Subsection A applies.
C. 
Specifications regarding signs. All signs required under this section shall be printed on white cards in red letters at least 1/2 inch in height.
D. 
Penalties for failure to display warning signs. Failure to display a warning sign as required by this section is a business offense for which a fine not to exceed $1,000 may be imposed. Each day of failure to display a warning sign as required by this section constitutes a separate offense.