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3. Example Ordinance

3. Example Ordinance

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Published by Bill Hannegan

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Published by: Bill Hannegan on Jan 10, 2009
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02/13/2014

Village of Homewood Clean Indoor Air Ordinance

Whereas, health organizations have conducted studies that show secondhand smoke can cause health problems in non-smokers; and Whereas, secondhand smoke can be particularly hazardous to elderly people, people with cardiovascular disease, and individuals with impaired respiratory function; and Whereas, children exposed to secondhand smoke may have an increased risk of asthma, respiratory infections, sudden death syndrome, developmental abnormalities and cancer; and Whereas, studies on the economic impact of smoking bans present conflicting data on the actual impact of smoking bans on the business community —particularly the impact on the hospitality business community; and Whereas, the Village of Homewood Village Board desires to promote public health while simultaneously protecting the economic stability of the hospitality business community; Now therefore be it ordained by the Village of Homewood Village Board to amend the Municipal Code as follows: I. Title. This chapter shall be known as the Village of Homewood Clean Indoor Air Ordinance of 2006. II. Definitions. The following words and phrases shall have the following meanings: “Arcade” means a public place of amusement that contains four or more automatic amusement devices and is not licensed to serve alcoholic liquor. “Bar/Tavern” means an establishment whose primary function is the serving of alcoholic beverages for consumption by patrons on the premises; such business may or may not provide food service. “Bowling Center” means an establishment whose primary function is having lanes used for the game of bowling.”

“Business” means any sole proprietorship, partnership, joint venture, corporation, limited liability company or other entity formed for profit-making purposes, including without limitation retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered or provided. “Employee” means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit. “Employer” means any person, business, partnership, corporation, association, including without limitation a municipal corporation, trust, or nonprofit entity that employs the services of more than two persons. "Fraternal Clubs" means any building that is used as a meeting and social place for not-for-profit organizations that are chartered under a national organization recognized by the Federal Government as a bona fide fraternal organization such as American Legion, VFW, and Amvets. “Health Care Facility” means any office or institution providing care or treatment of diseases, whether physical, mental, emotional, or physiological, including without limitation hospitals, rehabilitation hospitals or facilities, clinics, nursing homes, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms and wards within health care facilities. “Place of Employment” means any enclosed area under the control of a public or private employer that employees are during the course of employment, including but without limitation work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a “Place of Employment” unless it is used as a childcare, adult day care, health care facility or home-based business of any kind open to the public. “Private Function” means a gathering of persons for the purposes of deliberation, education, instruction, entertainment, amusement or dining where membership or specific invitation is a prerequisite to entry and where the event is not intended to be open to the public. “Public Place” means any enclosed area to which the public is invited or in which the public is permitted, including without limitation banks, concert facilities, educational facilities, government buildings, health care facilities, laundromats, museums, public transportation facilities, reception areas, retail service

establishments, retail stores, shopping malls, sports arenas, theatres, and zoos. A private residence is not a “Public Place” unless it is used as a childcare, adult day care, health care facility or home-based business of any kind open to the public. “Restaurant” means any eating establishment, including without limitation coffee shops, cafeterias, sandwich shops, and private and public school cafeterias that give or offer for sale food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “Restaurant” shall not include the “Restaurant Bar”. “Restaurant Bar” means the restaurant bar and any tables within 10 feet of any freestanding bar in a restaurant. “Retail Tobacco Store” means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental and where no one under 18 is permitted. “Shopping Mall” means any enclosed walkway or hall area that serves to connect retail or professional establishments. “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, hookah or other lighted tobacco product in any manner or in any form. “Sports Arena” or “Recreational Area” means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic or recreational competition or activity, or to witness sports, cultural, recreational or other events. “Village-Owned Facilities” means all enclosed vehicles and facilities, including without limitation buildings and vehicles owned, leased or operated by the Village of Village of Homewood shall be subject to the provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006. III. Prohibition of Smoking in Public Places

Smoking shall be prohibited in all the following public places and places of employment within the Village of Village of Homewood: 1. Arcades. 2. Aquariums, galleries, libraries, and museums. 3. Bingo facilities.

III.

Prohibition of Smoking in Public Places (continued) 4. Bowling Centers. This prohibition does not apply to the lounge area of bowling centers. 5. Convention facilities. 6. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance. 7. Health care facilities, adult care facilities and nursing homes. 8. Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges and universities. 9. Lobbies, hallways and other common areas in apartment buildings, condominiums and enclosed common areas in trailer parks. 10. Polling places. 11. Public transportation facilities under the authority of government agencies, including but without limitation buses, trains, taxicabs, and limousines, and ticket, boarding and waiting areas of public transit stations. 12. Restaurants. This prohibition does not apply to restaurant bars and any tables within 10 feet of any freestanding bar in a restaurant. 13. Restrooms. 14. Public elevators and all retail stores where merchandise is displayed and offered for sale. 15. Rooms, chambers, places of meeting or public assembly, including without limitation school buildings, under the control of an agency, board, commission, committee or board or the Village or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the Village. 16. Service lines. 17. Shopping malls. 18. Sports Arenas or Recreational Areas, including without limitation enclosed places in outdoor arenas. 19. Grocery stores. 20. Public meetings. 21. Gymnasiums. 22. Government vehicles used for Village business such as maintenance trucks or fleet vehicles. 23. Public and private school buildings.

IV.

Prohibition of Smoking in Places of Employment

This prohibition on smoking shall be communicated to all existing employees by the effective date of the Village of Homewood Clean Indoor Air Ordinance of 2006 and to all prospective employees upon their application for employment.

V.

Removal/Restriction of Smoking Paraphernalia

The owner, operator, manager or other person having control of an area where the Village of Homewood Clean Indoor Air Ordinance of 2006 prohibits smoking shall remove all ashtrays and other smoking paraphernalia intended for use where smoking is prohibited. Such smoking paraphernalia may be maintained in those restricted areas where smoking is allowed. VI. Where Smoking is not Regulated

Notwithstanding any other provision of this Ordinance to the contrary, the following areas shall be exempt from the provision of the Village of Homewood Clean Indoor Air Ordinance of 2006. 1. Private residences, except when used as a licensed childcare, adult care facility, health care facility, or a home-based business of any kind open to the public. 2. Private vehicles. 3. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms provided, however, that not more than 35 percent (35%) of the rooms rented to guests in a hotel or motel may be so designated. 4. Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of any section of the Village of Homewood Clean Indoor Air Ordinance of 2006. 5. Bars/Fraternal Clubs. 6. Restaurant bars and any tables within 10 feet of any freestanding bar in a restaurant. 7. Bowling Centers—lounge area only. These areas as to insure maximum Indoor Air Quality (IAQ) shall be required to install and maintain Air Purification Systems in the designated smoking areas of the properties. The following specification and descriptions will apply Air Purification Systems ( Health and Safety ) An air purification system shall be defined as an electrically powered motor and blower in a self contained box used to draw contaminated and redistribute cleaned air through a series of filters comprising of at least 1. A hospital grade Hepa or Hepa “like” media filter with a certified efficiency rating of at least 95% that is rated to capture particulate material to a minimum size of .03 micron that includes but is not limited to dust, dirt, Environment tobacco smoke, pollen, mold spores, viruses, bacteria and allergens

2. An adsorbent filter such as Carbon of other sorbent and Chemi-sorbent materials with an absorption rate of at least 85% efficiency to capture Volatile Organic Compounds such as but not limited to aldyhydes, ammonias, gaseous components of environmental tobacco smoke, solvents and odors. The filter should contain at least one pound of adsorbent media to each 100 cfm (cubic feet of air per minute) of air cleaner production The system or combination of systems shall be capable of creating at least six complete air changes per hour in the occupied space or one air change per hour (ACH) every ten minutes with a first pass efficiency of at least 95% The system shall also utilize a multiple direction airflow pattern (Coanda); this will ensure maximum distribution and collection of indoor air Additional technologies may be used beyond, but not in place of the above stated technologies including but not limited to polarized filters, ionization supplement filters and photo catalytic oxidation systems Maintenance of Systems The purification systems and filters must be maintained to the individual manufacturers specifications in order to insure maximum efficiency of said systems VII. Declaration of Establishments as Non-Smoking

Notwithstanding any other provision of the Village of Homewood Clean Indoor Air Ordinance of 2006, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility or outdoor area as a non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of the Village of Homewood Clean Indoor Air Ordinance of 2006 is posted.

VIII.

Posting of Signs

Every public place and place of employment where smoking is prohibited by the Village of Homewood Clean Indoor Air Ordinance of 2006 shall have posted at all public and employee entrances a conspicuous sign clearly stating that smoking is prohibited. Those public places where limited smoking is allowed shall have posted at all public and employee entrances a conspicuous sign clearly stating that smoking is allowed only in the following areas: (list of areas where smoking is allowed in conformance with the Village of Homewood Clean Indoor Air Ordinance of 2006). Smoking shall be prohibited in any place in which a sign conforming to the smoking prohibition requirements of the Village of Homewood Clean Indoor Air Ordinance of 2006 is posted. IX. Non-retaliation

No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant or customer exercises any rights afforded by the Village of Homewood Clean Indoor Air Ordinance of 2006 or reports a violation of the Village of Homewood Clean Indoor Air Ordinance of 2006. No employee or customer may in any manner retaliate against an employer or business owner, operator, manager or employee because that employer or place of business enforced the non-smoking/smoking provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006. X. Enforcement A. B. C. D. The applicable local Department of Public Health or an authorized designee shall enforce the Village of Homewood Clean Indoor Air Ordinance of 2006. Notice of the provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006 shall be given to all applicants for a business license in the Village of Village of Homewood. Any citizen who desires to register a complaint under the Village of Homewood Clean Indoor Air Ordinance of 2006 may initiate enforcement with the applicable local Department of Public Health. The applicable local Department of Public Health or their designees shall, while a business is undergoing otherwise mandated inspections, inspect for compliance with the provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006. An owner, operator, manager or employee of a business regulated by this Ordinance shall inform persons violating the Village of

E.

F.

Homewood Clean Indoor Air Ordinance of 2006 of the appropriate provisions thereof. In addition to the remedies provided by the provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006, the applicable local Department of Public Health may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.

XI.

Violations and Penalties A. A person who smokes in an area where the Village of Homewood Clean Indoor Air Ordinance of 2006 prohibits smoking shall be guilty of an infraction, punishable by a fine not less than fifty dollars ($50) and not more than three hundred dollars ($300). 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 the Village of Homewood Clean Indoor Air Ordinance of 2006 shall be guilty of an infraction, punishable by: 1. A fine not exceeding fifty dollars ($50) for the first violation. 2. A fine not exceeding two hundred dollars ($200) for the second violation within one (1) year of the first violation. 3. A fine not more than five hundred dollars ($500) for each additional violation within one (1) year and a five (5) day suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. C. D. Each day on which a violation of the Village of Homewood Clean Indoor Air Ordinance of 2006 occurs shall be considered a separate and distinct violation. Revenues collected pursuant to the enforcement of the Village of Homewood Clean Indoor Air Ordinance of 2006 shall be dedicated to the enforcement of the Village of Homewood Clean Indoor Air Ordinance of 2006 and public education.

B.

XII.

Public Education

The applicable local Department of Public Health shall engage in a continuing program to explain and clarify the purposes and requirements of the Village of Homewood Clean Indoor Air Ordinance of 2006 to citizens affected by it, and to guide owners, operators and managers in their compliance with it. XIII. Government Agency Cooperation

The Mayor and the Village Board shall annually request that other governmental and additional agencies having facilities located within the Village

of Village of Homewood establish local operating procedures in cooperation and compliance with the Village of Homewood Clean Indoor Air Ordinance of 2006. This includes urging all federal, state, county, village, special district and school district agencies to update their existing smoking control regulations to be consistent with the Village of Homewood Clean Indoor Air Ordinance of 2006. XIV. Severability

If any provision, clause, sentence or paragraph of the Village of Homewood Clean Indoor Air Ordinance of 2006 or the application thereof to any person or circumstance shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006 which can be given effect without the invalid provision or application, and to the end the provisions of the Village of Homewood Clean Indoor Air Ordinance of 2006 are declared to be severable. XV. Effective Date

The Village of Homewood Clean Indoor Air Ordinance of 2006 shall take effect ninety (90) days from its passage and publication, as allowed by Illinois law.

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