Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Article VII - Smoke Free Air Code

(A) Any per­son who smokes in an area where smok­ing is pro­hib­it­ed under the pro­vi­sions of this Arti­cle shall be guilty of an offense pun­ish­able by:

(1)     A fine of not less than Twen­­­ty-Five Dol­lars ($25.00) for a first violation.

(2)     A fine of not less than Fifty Dol­lars ($50.00) for a sec­ond violation.

(3)     A fine of not less than One Hun­dred Dol­lars ($100.00) and not more than Five Hun­dred Dol­lars ($500.00) for a third and sub­se­quent violation(s).

(B) Any per­son who owns, man­ages, oper­ates or oth­er­wise con­trols a pub­lic place, a place of employ­ment or an open air din­ing area that per­mits smok­ing in an area where smok­ing is pro­hib­it­ed under the pro­vi­sions of this Arti­cle, shall be guilty of an offense pun­ish­able by a fine of (i) not less than One Hun­dred Dol­lars ($100.00) for the first vio­la­tion, (ii) not less than Two Hun­dred Fifty Dol­lars ($250.00) for the sec­ond vio­la­tions, and (iii) not less than Five Hun­dred Dol­lars ($500.00) for each addi­tion­al vio­la­tion there­after, unless said addi­tion­al vio­la­tion has 
occurred with­in one (1) year after the first vio­la­tion, in which case the min­i­mum fine shall be not less than One Thou­sand Dol­lars ($1,000.00).  The max­i­mum amount of fine to be levied here­in shall not exceed Two Thou­sand Five Hun­dred Dol­lars ($2,500.00) for each violation.

(C) Each day that any vio­la­tion of this Arti­cle shall con­tin­ue shall con­sti­tute a sep­a­rate offense.

The pro­hi­bi­tion on smok­ing set forth in Sec­tion 6–35 and 6–37 shall not apply to a pub­lic place or place of employ­ment of a tobac­co deal­er that per­mits cus­tomers to sam­ple tobac­co prod­ucts on the premis­es of the tobac­co deal­er, pro­vid­ed that smoke gen­er­at­ed by smok­ing on the premis­es of the tobac­co deal­er does not infil­trate any oth­er enclosed pub­lic place or place of employ­ment.  For pur­pos­es of this exemp­tion, a tobac­co deal­er is a retail­er whose prin­ci­pal busi­ness is the sale at retail of tobac­co and tobac­­­co-relat­ed products.

(A) Each own­er, lessor, lessee, employ­er, or oth­er per­son in con­trol of a pub­lic place shall post con­spic­u­ous “No Smok­ing” signs in the enclosed area of any pub­lic place where smok­ing is pro­hib­it­ed.  Such “No Smok­ing” signs shall have a white field with the words “No Smok­ing” print­ed in red let­ters, four (4) inch­es high with a one-half (1/2) inch face, or shall bear the inter­na­tion­al “No Smok­ing” sym­bol, which con­sists of a pic­to­r­i­al rep­re­sen­ta­tion of a cig­a­rette enclosed in a cir­cle with a bar across it.  It shall be unlaw­ful for any per­son to remove, deface or obscure any sign post­ed pur­suant to the pro­vi­sions of this Article.

(B) Each own­er, lessor, lessee, employ­er or oth­er per­son in con­trol of a pub­lic park or recre­ation area, or of a school round, shall cause signs to be post­ed at appro­pri­ate loca­tions advis­ing per­sons that smok­ing is pro­hib­it­ed with­in the park, recre­ation area or school ground.

(C) Each own­er, lessor, lessee, man­age­ment com­pa­ny or oth­er per­son in con­trol of an out­door venue shall cause signs to be post­ed at appro­pri­ate loca­tions advis­ing per­sons that smok­ing is pro­hib­it­ed with­in the out­door venue dur­ing out­door events.

No per­son, busi­ness or employ­er shall dis­charge, refuse to hire, or in any man­ner retal­i­ate against an employ­ee or cus­tomer because that employ­ee or cus­tomer reports a vio­la­tion of this Arti­cle or exer­cis­es by rights afford­ed by this Article.

Noth­ing in this Arti­cle shall be deemed to lim­it the own­er, occu­pant or lessee of a pub­lic place or a place of employ­ment to fur­ther pro­hib­it smok­ing by des­ig­nat­ing out­door areas not sub­ject to the restric­tions in this Arti­cle as a place where smok­ing is also pro­hib­it­ed, pro­vid­ed that the own­er, occu­pant or lessee shall cause signs to be post­ed at appro­pri­ate loca­tions advis­ing per­sons that smok­ing is pro­hib­it­ed with­in the des­ig­nat­ed out­door area.

(A) It is unlaw­ful to smoke with­in fif­teen (15) feet of a pub­lic entrance to a pub­lic place or to a place of employment.

(B) It is unlaw­ful for any per­son or per­sons to gath­er or con­gre­gate for the pur­pose of smok­ing with­in fif­teen (15) feet of a pub­lic entrance.

(A) It is unlaw­ful to smoke in open air din­ing area.

(B) It shall be unlaw­ful for the own­er, occu­pant or lessee, as the case may be, in con­trol of an open air din­ing area to know­ing­ly per­mit smok­ing in the area avail­able for open air dining.

(C) it is unlaw­ful to smoke with­in fif­teen (15) feet of an open air din­ing area.

(A) It is unlaw­ful to smoke in any enclosed area of any place of employment.

(B) It shall be unlaw­ful for any employ­er to know­ing­ly per­mit smok­ing in any enclosed area of any place of employment.

(A) It is unlaw­ful to smoke in the fol­low­ing unen­closed pub­lic places:

  1. The seat­ing areas of all out­door are­nas, sta­di­ums and amphitheaters.
  2. Pub­lic parks and recre­ation areas.
  3. School grounds.
  4. Pub­lic side­walks with­in fif­teen (15) feet of a pub­lic entrance, but exclud­ing any per­son who is tem­porar­i­ly in such area for the pur­pose of walk­ing or tra­vers­ing through such area.
  5. Pub­lic side­walks with­in fif­teen (15) feet of an open air din­ing area, but exclud­ing any per­son who is tem­porar­i­ly in such area for the pur­pose of walk­ing or tra­vers­ing through such area.

(B) It is unlaw­ful to smoke in or with­in fif­teen (15) feet of an out­door venue dur­ing the time that an out­door event is tak­ing place.

For the pur­pos­es of this Arti­cle, the fol­low­ing terms shall have the fol­low­ing meanings:

Busi­ness” means any sole pro­pri­etor­ship, part­ner­ship, joint ven­ture, cor­po­ra­tion, asso­ci­a­tion or oth­er busi­ness enti­ty, whether formed for prof­it or non­prof­it pur­pos­es.  “Busi­ness” includes a “club” as defined in this Section.

Club” means a pri­vate not-for-prof­it asso­ci­a­tion, cor­po­ra­tion or oth­er enti­ty con­sist­ing of per­sons who are bona fide pay­ing mem­bers and which owns, leas­es or uses a build­ing or por­tion there­of, the use of which is restrict­ed pri­mar­i­ly to mem­bers and their guests.

Employ­ee” means any per­son who is employed or retained by a busi­ness, and shall include the own­er or oper­a­tor of a sole pro­pri­etor­ship or oth­er sim­i­lar busi­ness entity.

Employ­er” means any busi­ness that employs one or more employees.

Enclosed Area” means all space in any struc­ture or build­ing that is enclosed on all sides by any com­bi­na­tion of walls, win­dows, or door­ways, extend­ing from floor to the ceiling.

Open Air Din­ing Area” means a seat­ing area open to the air that is acces­so­ry to a restau­rant, hotel, cafe­te­ria, pri­vate club or oth­er pub­lic place engage din pur­vey­ing com­mer­cial food or bev­er­age ser­vice where mem­bers of the pub­lic, mem­bers or guests are invit­ed to sit and receive food and bev­er­age ser­vice for a consideration.

Out­door Event” means a sched­uled out­door musi­cal, dance, the­atri­cal, dra­mat­ic, enter­tain­ment or per­for­mance event, or a sched­uled out­door com­mu­ni­ty fair, parade, event or mar­ket, that is orga­nized, licensed or per­mit­ted by the own­er of an out­door venue and to which the pub­lic is invited.

Out­door Venue” means an out­door the­ater, amphithe­ater, plaza, street or oth­er improved area that is used as a pub­lic venue or forum to which mem­bers of the gen­er­al pub­lic are invit­ed to lis­ten, view or oth­er­wise par­tic­i­pate in an out­door event that is orga­nized, licensed or per­mit­ted by the own­er of the venue.

Place of Employ­ment” means an area under the con­trol of a pub­lic or pri­vate employ­er with­in the Coun­ty that employ­ees nor­mal­ly fre­quent dur­ing the course of employ­ment, and includes, with­out lim­i­ta­tion, com­mon work areas, pri­vate offices, audi­to­ri­ums, class­rooms, con­fer­ence and meet­ing rooms, cafe­te­rias, ele­va­tors, employ­ee lounges, stair­cas­es, hall­ways, restrooms, med­ical facil­i­ties, pri­vate clubs, and the inte­ri­or of a vehi­cle of pub­lic con­veyance.  “Place of Employ­ment” also includes the home office por­tion of a pri­vate dwelling, but only if the home office is used by more than one employ­ee or is fre­quent­ed by busi­ness invitees.

Place of Employ­ment” does not include that part of a pri­vate dwelling used as a home office by a sin­gle employ­ee only who resides in that dwelling.

Park” means a pub­lic park or recre­ation area that is open to and used by the gen­er­al public.

Pub­lic Entrance” means the door­way or oth­er entrance to a pub­lic place that is open to and intend­ed for use by the gen­er­al pub­lic for ingress and egress to the pub­lic place.

Pub­lic entrance” also means a door­way or oth­er entrance for pedes­tri­an ingress and egress to a place of employ­ment; (i) that is open to and intend­ed for use by the gen­er­al pub­lic or busi­ness invitee’s ingress and egress to the place of employ­ment; (ii) where employ­ees are required or per­mit­ted to enter or exit the place of employment.

Pub­lic Place” means an area that is open to and used by the gen­er­al pub­lic, or any area to which the pub­lic is invit­ed or in which the pub­lic is per­mit­ted, includ­ing with­out limitation:

  • vehi­cles of pub­lic conveyance;
  • com­mon or pub­lic areas (includ­ing with­out lim­i­ta­tion lob­bies, hall­ways, recep­tion areas, pub­lic restrooms, ele­va­tors and stair­cas­es) of apart­ment build­ings, con­do­mini­ums, dor­mi­to­ry build­ings, nurs­ing home care facil­i­ties, and oth­er mul­ti­ple fam­i­ly res­i­den­tial structures;
  • com­mon or pub­lic areas (includ­ing with­out lim­i­ta­tion lob­bies, hall­ways, recep­tion areas, pub­lic restrooms, ele­va­tors and stair­cas­es) 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 doctor’s offices, muse­ums, libraries, restau­rants, polling places, gov­ern­ment and Coun­­­ty-owned build­ings, food stores, cafe­te­rias, the­aters, audi­to­ri­ums, train and bus sta­tions, hotels, motels, and retail and ser­vice establishments.
  • 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 Coun­ty where there is in progress any pub­lic meeting.

Pub­lic place” shall not include:

  •  a pri­vate dwelling unit, unless said dwelling is also used as a day care facil­i­ty for chil­dren or adults; pro­vid­ed that rooms in nurs­ing homes or long-term care facil­i­ties occu­pied by one or more per­sons who have request­ed in writ­ing a room where smok­ing is per­mit­ted shall be con­sid­ered pri­vate dwelling units; or
  •  hotel or motel rooms des­ig­nat­ed as smok­ing, pro­vid­ed that no more than twen­ty per­cent (20%) of the avail­able rooms for rent in any sin­gle build­ing shall be des­ig­nat­ed as smok­ing rooms.

School Grounds” mean all pub­lic or pri­vate out­door school grounds, but exclud­ing any open areas specif­i­cal­ly des­ig­nat­ed and per­mit­ted by the school admin­is­tra­tion for smok­ing by adults who are invit­ed to use such area for smoking.

Smoke” or “Smok­ing” means inhal­ing, exhal­ing, burn­ing, or car­ry­ing any light­ed cig­ar, cig­a­rette, pipe, or oth­er light­ed tobac­co prod­uct in any man­ner or in any form.

Coun­ty” means the Coun­ty of Union, Illinois.

This Arti­cle may be cit­ed as the “Smoke Free Air Code,” the pur­pose of which is to pro­tect the pub­lic health, com­fort and envi­ron­ment by pro­hibit­ing smok­ing in all enclosed pub­lic places and places of employ­ment, with­in twen­­­ty-five (25) feet of all pub­lic entrances to such places, in open air pub­lic din­ing areas and with­in twen­­­ty-five (25) feet of such areas, and with­in cer­tain unen­closed pub­lic places includ­ing school grounds, parks and recre­ation areas and out­door venues in order to ensure that non­smok­ers may breathe air free from the haz­ardous effects of sec­ond­hand smoke.

Smok­ing cre­ates the haz­ard of injury to the per­son­al health of those in the envi­ron­ment of such smoke as well as the poten­tial of dam­age to prop­er­ty that may result from the incen­di­ary nature of such activ­i­ty.  It has been deter­mined that breath­ing ambi­ent smoke is a health haz­ard to both smok­ers and non­smok­ers.  Cig­a­rette smok­ing also pro­duces sev­er­al sub­stances that are con­sid­ered haz­ardous to health includ­ing car­bon monox­ide, hydro­gen cyanide, nitrous oxide and formalde­hyde.  Sec­ond­hand smoke (68% of the total smoke pro­duced by a cig­a­rette) affects the health of the bystander, inter­fer­ing with res­pi­ra­to­ry tract defens­es, often caus­ing non­smok­ers to have aller­gic or irri­ta­tive reac­tions, and is a known cause of lung cancer.

Because the haz­ards of smok­ing have a poten­tial­ly harm­ful effect, mate­r­i­al and direct, on the pub­lic health, safe­ty, wel­fare, com­fort, and prop­er­ty of res­i­dents of the Coun­ty, it is nec­es­sary and desir­able to estab­lish reg­u­la­tions that pro­hib­it smok­ing in all enclosed pub­lic places, in all enclosed places of employ­ment, near entrances to all such pub­lic places and places of employ­ment, in and near open air pub­lic din­ing areas, and with­in cer­tain unen­closed pub­lic places includ­ing school grounds, parks and recre­ation areas and out­door venues.