[HISTORY: Adopted by the City Council of the City of Crystal Lake 1-19-1993 (Art. VI, Ch. II, Section G, of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Cigarette sales — See Ch. 203.
For purposes of this chapter, the following terms shall have the following meanings:
PUBLIC MEETING
Includes all meetings open to the general public pursuant to 5 ILCS 120/1 et seq.
PUBLIC PLACE
Includes the following types of buildings, structures or enclosed spaces: common or public areas of nursing homes, hospitals, museums, libraries, restaurants, food stores, theaters, hotels, motels, retail establishments and any enclosed place in which a group of persons gathers for religious, recreational, educational, political or civic purpose, including any such space utilized for public meetings by the City of Crystal Lake whether under ownership by the City of under lease or other form of control by the City.
SMOKING
Includes but not limited to the burning or carrying of any lighted cigarette, cigar or other form of or device containing tobacco.
It shall be unlawful for any person to smoke or burn any cigarette, cigar or other form of or device containing tobacco in any location set forth in § 446-3. It shall be unlawful for any person to smoke or burn any cigarette, cigar or other form of or device containing tobacco in any other building or premises or portion thereof located within the City of Crystal Lake if such building or premises or portion thereof is posted as a no-smoking area in accordance with § 446-4.
The smoking or burning of any cigarette, cigar or other form of or device containing tobacco in any of the following locations within the City is prohibited.
A. 
In every bus or other vehicle owned or operated by the City including those under paratransit leases for the purposes of transportation of the general public.
B. 
In every building or premises or portion thereof in which the Chief of the Fire Rescue Department or the Fire Inspector of the City determines in accordance with the Fire Code or other ordinances of the City that conditions are such that the smoking or burning of any cigarette, cigar or other form of or device containing tobacco will create a hazard of fire or explosion.
C. 
In every portion of any building owned, operated or leased by the City that is used for purposes of conducting a public meeting during the time that such meeting is being held.
D. 
In every elevator that is held open for use by the general public.
E. 
In any hospital or any portion thereof except in those specific areas that have been designated by the administrator or chief executive officer of the hospital as an area in which smoking is permitted; provided, however, that notice of the location of such smoking area shall be given to and approved by the administrator or chief executive officer to the Pollution Control Officer or designated representative.
F. 
In any theater, arena, auditorium, hall, indoor stadium or gymnasium used for a meeting, gathering or athletic event open to the general public, except that smoking shall be permitted outside of the assembly rooms in those buildings in areas having been designated as smoking areas by the manager of the building; and provided, further, that notice of the location of such smoking areas shall be given to and approved by the Pollution Control Officer or designated representative.
G. 
In a designated no-smoking area of any assembly room other than those rooms specified in Subsection F above, used for meetings or gatherings open to the general public, including but not limited to train depot waiting rooms, clubs and social halls. At least one no-smoking area in each such assembly room shall be designated by the manager of the building and notice of the location of such no-smoking areas shall be given to and approved by the Pollution Control Officer or designated representative.
H. 
In a designated no-smoking area of any restaurant. At least one such no-smoking area shall be designated for any restaurant having a seating capacity of more than 50 persons subject to the following conditions:
(1) 
A minimum area constituting not less than 20% to the total seating area of such restaurant shall be designated a no-smoking area, provided that the owner or operator of such restaurant may at any time in his/her discretion expand such no-smoking area to include a seating area greater than 20% of the total seating area of such restaurant.
(2) 
Notice of the location of such designated no-smoking area shall be given to and approved by the Pollution Control Officer or designated representative.
(3) 
In addition to such no-smoking signs as are required by § 446-4, a no-smoking sign no less than six square inches in size shall be placed on each table in the designated no-smoking area. Signs of not less than 70 square inches may be used in the designated no-smoking area subject to the approval of type and location by the Pollution Control Officer. All signs, except table signs, shall be permanently affixed and be easily discernible at all times.
(4) 
No ashtray shall be placed on any table in a designated no-smoking area.
(5) 
For purposes of conformity of the requirements of Subsection H and H(1), bar/lounge areas shall not be included. Bar/lounge areas shall be exempt from the requirements for a designated no-smoking area, and the number of seats in the bar/lounge area need not be included in computing the required number of seats within a restaurant to be designated "No Smoking."
(6) 
The Mayor and City Council may grant variations from the requirements of this subsection based upon the physical layout or air-handling equipment of the restaurant and by a written recommendation of appropriate City staff and upon a written request by the owner, manager or lessee of the premises for such variation. In the event a total exemption is granted, the owner, manager or lessee shall post a sign at the main entrance indicating "This restaurant does not provide a nonsmoking dining area."
(7) 
Nothing contained in this subsection shall prevent any owner, manager or lessee of a restaurant to post a sign that they are in compliance with the requirements of this section.
The Pollution Control Officer or designated representative is authorized and directed to order the owner, tenant or occupant of any building or premises subject to the regulations set forth in § 446-3 to post no-smoking signs in such building or premises. Such notice shall be personally delivered to the owner, tenant or occupant or mailed to them at their last known address. No-smoking signs shall be of such size and have such lettering as will comply with the Fire Code or other applicable ordinances of the City of Crystal Lake. Each owner, tenant or occupant of any building or premises to whom a notice has been given shall post such sign in accordance with the terms of the notice within 30 days after delivery or mailing of such notice. It shall be unlawful for any person to remove, deface or in any manner obscure any no-smoking sign posted pursuant to the provisions of this chapter.
In every building or premises or portion thereof located within the City that is open to the general public and that is not included in the provisions of this chapter, the owners, tenants or occupants may prohibit the smoking or burning of any cigarette, cigar or other form of or device containing tobacco by posting such building or premises or portion thereof as a no-smoking area by means of a prominently displayed "No Smoking" sign of such size and such lettering as comply with the Fire Code or other appropriate ordinances of the City. The owner, tenant or occupant shall notify the City's Pollution Control Officer or designated representative of the location of such designated no-smoking area.