Chapter 17 - Misdemeanors
Division 6 - Smoking Regulatory Act
SEC. 17.6-1 TITLE: This Division shall be known as the Smoking Regulatory Act of 2006.
SEC. 17.6-2 INTERPRETATION WITH OTHER LAWS: Nothing in this Division overrides any existing elimination of smoking that is already covered by fire code restrictions.
SEC. 17.6-3 DEFINITIONS: The following words and phrases
whenever used in SEC. 17.6-3 through SEC. 17.6-15 shall have the
following meanings:
Adult Day Care Home – means a private residence which receives
for care one or more aging or disabled adults, not related to
the family.
Business – means any sole proprietorship, partnership, joint
venture, corporation, limited liability company, or other
business 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.
Child Day Care Home – means a private residence which receives
for care one or more children under the age of 12, not related
to the family.
Church – means a facility or outdoor place of public assembly
primarily and regularly used for religious worship or religious
instruction.
Employee – means any person who is employed by an employer in
consideration for direct or indirect monetary wages or profit,
and a person who volunteers his or her services for a non-profit
entity.
Employer – means any person, business, partnership, association,
corporation, including without limitation a municipal
corporation, trust, or non-profit entity that employs the
services of one or more individual persons.
Enclosed Area – means all space in any structure or building
that is enclosed on all sides by any combination of walls, half
walls, windows, or doorways extending from floor to the ceiling,
regardless of whether they are open or closed.
Facility – means any enclosed structure or building intended for
human occupancy.
Health Care Facility – means any office or institution providing
care or treatment of diseases, whether physical, mental, or
emotional, or other medical, physiological, or psychological
conditions, including without limitation hospitals,
rehabilitation hospitals, clinics, nursing homes, homes for the
aging or chronically ill, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, dentists, and
other specialists within these professions. This definition
shall include all waiting rooms, hallways, private rooms,
semi-private rooms, and wards within health care facilities.
Outdoor Place of Public Assembly – means any sports arena,
recreational area, park, theater, and similar place where
members of the general public assemble and congregate in a
designated seating area in order to witness an event or
performance open to the public.
Place of Employment – means any enclosed area under the control
of a public or private employer that employees frequent during
the course of employment, including 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 child day care home, adult day care home, health care
facility, or home-based business of any kind open to the public.
Private Club or Lodge – means an organization, whether
incorporated or not, which is the owner, lessee, or occupant of
a building or portion thereof used exclusively for club purposes
at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic
purpose, but not for pecuniary gain, and if alcoholic beverages
are sold such sale is incidental to its operation. The affairs
and management of the organization are conducted by a board of
directors, executive committee, or similar body chosen by the
members at an annual meeting. The organization has established
bylaws and/or a constitution to govern its activities. The
organization has been granted an exemption from the payment of
federal income tax as a club under 26 U.S.C. Section 501.
Public Place – means any enclosed area to which the public is
invited or in which the public is permitted, including without
limitation banks, any business, educational facilities,
government buildings, health care facilities, laundromats,
museums, public transportation facilities, reception areas,
restaurants, bars/taverns, retail food production and marketing
establishments, retail service establishments, retail stores,
service line, shopping malls, sports arenas, theaters, outdoor
place of public assembly, waiting rooms and common areas in
multiple family residences. A private residence is not a “public
place” unless it is used as a child day care home, adult day
care home, health care facility, or home-based business of any
kind open to the public.
Retail Tobacco Store – means a retail establishment that
derives more than 80% of its gross revenue from the sale of
loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
and other smoking devices for burning tobacco and related
smoking accessories and in which the sale of other products is
merely incidental. “Retail tobacco store” does not include a
tobacco department or section of a larger commercial
establishment or any establishment with any type of liquor,
food, or restaurant license. (Amended 12/17/07 by Ord. No.
5167)
Service Line – means any indoor line at which one (1) or more
persons are waiting for or receiving services of any kind,
whether or not the service involves the exchange of money.
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, hookah, weed, herbs, or
other lighted tobacco product in any manner or in any form. (Amended
12/17/07 by Ord. No. 5167)
Sports Arena, Enclosed or Semi-Enclosed – means any sports
pavilion, stadium, gymnasium, health spa, boxing arena, swimming
pool, roller and ice rink, bowling alley, and other similar
places where members of the general public assemble to
participate in or to witness sports, cultural, recreational, or
other events.
SEC. 17.6-4 TOWN OWNED FACILITIES: Smoking shall be prohibited in any Town facility and any Town vehicle, including without limitation facilities and vehicles owned, leased, or operated by the Town of Normal.
SEC. 17.6-5 PROHIBITION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT: Smoking shall be prohibited in all enclosed public places and places of employment within the Town of Normal, except as provided in SEC. 17.6-8.
SEC. 17.6-6 PROHIBITION OF SMOKING IN OUTDOOR PLACE OF ASSEMBLY: Smoking is prohibited at any outdoor place of public assembly located within the Town of Normal.
SEC. 17.6-7 REASONABLE DISTANCE: Smoking is prohibited within fifteen (15) feet of any public entrance to an area in which smoking is prohibited.
SEC. 17.6-8 WHERE SMOKING IS NOT REGULATED: Notwithstanding any other provision of this Division to the contrary, the following areas shall be exempt from the provisions of SEC. 17.6-5 and SEC. 17.6-7.
- Private residences, except when used as a licensed child
day care home, adult care home, health care facility, or a
home-based business of any kind open to the public.
- Hotel and motel sleeping rooms that are rented to guests
and are designated as smoking rooms, provided that all
smoking rooms on the same floor must be contiguous, and
smoke from these rooms must not infiltrate into nonsmoking
rooms or other areas where smoking is prohibited. Not more
than 25% of the rooms rented to quests in a hotel or motel
may be designated as rooms where smoking is allowed. The
status of rooms as smoking or nonsmoking may not be changed,
except to permanently add additional nonsmoking rooms.
- Retail tobacco stores in operation prior to January 1,
2008. The retail tobacco store shall annually file with the
Town Clerk by January 31st an affidavit stating the
percentage of its gross income during the prior calendar
year that was derived from the sale of loose tobacco,
plants, or herbs and cigars, cigarettes, pipes, or other
smoking devices for smoking tobacco and related smoking
accessories. Any retail tobacco store that begins operation
after January 1, 2008, may only qualify for an exception if
located in a freestanding structure occupied solely by the
business, and smoke from the business does not migrate into
an enclosed area where smoking is prohibited.
- Private and semi-private rooms in nursing homes and
long-term care facilities that are occupied by one or more
persons, all of whom are smokers and have requested in
writing to be placed or to remain in a room where smoking is
permitted, and the smoke shall not infiltrate other areas of
the nursing home.
- Outdoor patios, to the extent permitted under the Smoke
Free Illinois Act of 2007, as amended, from time to time.
- Public sidewalk, roadway, park and golf course (unless such area becomes an outdoor place of public assembly).
(Entire SEC. 17.6-8 Amended 12/17/07 by Ord. No. 5167)
SEC. 17.6-9 DECLARATION OF ESTABLISHMENT AS NON-SMOKING: Notwithstanding any other provisions of this Division, 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 by posting a sign in conformance with the provisions of this Act. Smoking shall be prohibited in any area declared a non-smoking area, and any person smoking in such area shall be subject to the penalty provisions of this Act.
SEC. 17.6-10 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 this Division or reports or attempts to prosecute a violation of this Division.
- Notice of the provisions of this Division shall be given to
all applicants for a business license in the Town of Normal.
- Any citizens who desires to register a complaint under this
Division may file a complaint with the Town of Normal.
- The Town shall, while an establishment is undergoing
otherwise mandated inspection, inspect for compliance with this
Division.
- An owner, manager, operator or employee of an establishment
regulated by this Division shall inform persons violating this
Division of the appropriate provisions thereof. Posting of a no
smoking sign conforming with this Division shall be considered
adequate notice.
- In addition to the remedies provided by this Division, the City Manager or any person aggrieved by the failure of the owner, operator, manager or other person in control of a public place or a place of employment to comply with the provisions of this Section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
SEC. 17.6-12 POSTING OF SIGNS: Every public place, place of employment, place established as non-smoking pursuant to SEC. 17.6-9, and outdoor place of public assembly where smoking is prohibited by this Division shall have posted at every public entrance a conspicuous sign clearly stating that smoking is prohibited. The intentional “no smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar diagonally across it shall be considered acceptable under this Section.
SEC. 17.6-13 VIOLATIONS AND PENALTIES:
- A person who smokes in an area where smoking is
prohibited by this Division shall be guilty of an
infraction, punishable by a fine of not less than one
hundred dollars ($100.00) nor more than five hundred
dollars ($500.00).
- A person who owns, manages, operates, or otherwise
controls a place subject to this Division and who fails
to prohibit smoking shall be guilty of an infraction,
punishable by a fine of not less than one hundred
dollars ($100.00) nor more than twenty-five hundred
dollars ($2,500.00).
An owner, manager, operator, or person in control of a place subject to this Division shall be deemed to have permitted a violation of the Division if a violation has occurred while the owner, manager, operator, or person in control is physically present at the location at the time of the violation. It shall be a defense to this charge that the owner, manager, operator, or person in control of the premises has told the smoking offender that smoking is prohibited, and if the smoker does not stop smoking, the owner, manager, operator, or person in control has called the police at the time of the violation and reported the refusal to comply with the ordinance.
- A person who owns, manages, operates, or otherwise
controls a place subject to this Division and who fails
to post a sign in conformance with the provisions of
this Division shall be guilty of an infraction,
punishable by a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars
($500.00).
- Each day on which a violation of this Division occurs shall be considered a separate and distinct violation.
(Entire SEC. 17.6-13 Amended 12/17/07 by Ord. No. 5167)
SEC. 17.6-14 PUBLIC EDUCATION: The Town of Normal shall engage in a continuing program to explain and clarify the purposes and requirements of this Division to citizens affected by it, and to guide owners, operators, and managers in their compliance with it.
SEC. 17.6-15 OTHER APPLICABLE LAWS: This Division shall not be interpreted or be construed to permit smoking where it is otherwise restricted by other applicable laws.
SEC. 17.6-16 SEVERABILITY: If any provision, clause, sentence or paragraph of this Division or the application thereof to any person or circumstances shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Division which can be given effect without the invalid provision or application, and to this end the provisions of this Division are declared to be severable.
(Entire Division 6 Added by Ord. No. 5073 on May 1, 2006 – Effective January 1, 2007)