Park Forest Passes Sweeping Non-Smoking Ordinance

no-tobacco-use

The Park Forest Village Board passed a non-smoking ordinance at it's February 12 regular meeting. (Photo: morguefile.com)

Park Forest, IL—(ENEWSPF)– Among other measures the board voted on last Monday, one major item passed was the, “Ordinance Regarding Smoking in the Village of Park Forest, Cook and Will Counties, Illinois.”  In Tom Mick’s February 8 memo to the board, he noted, “The Cook County Clean Indoor Air Ordinance will become effective throughout Cook County on March 15, 2007. This law effectively bans smoking in all public places and places of employment and includes such places as restaurants, bars, offices and other places where people gather. Specifically excluded are smoking rooms in a hotel or motel, private clubs (as defined by the ordinance), and private homes, unless the home is used for a licensed day care, adult day care, health care facility, or a home based business that is open to the public.”

Mick also noted that he Cook County ordinance will apply to all parts of the County unless a municipality within the County enacts legislation which supersedes it.  “In other words, the Village of Park Forest can choose to adopt an ordinance which is more or less restrictive than the Cook County ordinance,” he said in his memo.

He also noted that the Park Forest Economic Development Advisory Group (EDAG) had deliberated on a recommendation regarding a non-smoking ordinance for several months. “As part of its discussions, EDAG solicited and obtained input from the local business community (Bixby’s and Tattler’s) that could expect to be impacted most by the Cook County Ordinance or any similar local version,” Mick said in his memo.  The EDAG recommendation was brought forth to the Village Board at the January 2 Rules Meeting.

The Village Board had requested information on smoking across society. Mick reported in his memo, “According to the Center for Disease Control, 20.9% of all adults are smokers. Additional figures on the smoking population reflect the following:

  • 23.4% of all men
  • 18.5% of all women
  • 22.2% of all whites
  • 20.2% of all African-Americans
  • 15% of all Hispanic-Americans
  • 11.3% of all Asian-Americans”

The ordinance was written to grandfather Bixby’s and Tattler’s, making them exempt.  During the board’s deliberations on the proposed ordinance, Trustee Georgia O’Neill asked, “I noticed that in the memo by the Economic Development Advisory Group, they specifically name the two businesses, but in the memo presented by President Ostenburg, they’re not named.  Is there a specific reason why they’re not named?”  Village Manager Tom Mick responded, “I spoke about that with the Village Attorney [Mat Delort], and inasmuch as we’ve got two businesses that hold a Class-A liquor license and operate as a restaurant, he believes that’s tight enough to know who we’re referring to without actually mentioning the names specifically in the ordinance.”

President Pro-Tem Ken Kramer further clarified, “And I believe that part of the ordinance now is that if this business is transferred to somebody else, or somebody buys it out, unless they’re continuing as the same type of business, if they want to change their name but they’re doing the same type of business, we wouldn’t really want to specify a particular name.” 

Kramer further clarified that since these two businesses are the only two in the Village that serve the alcoholic beverages on the premises, “We have put in a caveat that they have to put signs up at all public entrances to their businesses that says smoking is permitted.”  He said that the sign was to be written in 3-inch letters so “you can’t miss it.”

The ordinance passed unanimously, 5 ayes with 2 absent.

The main body of the ordinance follows:

Section 50-99. Prohibition of Smoking in Public Places
Smoking shall be prohibited in all enclosed public places and places of employment within the Village of Park
Forest, including without limitation the following places:
1. Arcades.
2. Aquariums, galleries, libraries, and museums.
3. Bars/taverns.
4. Bingo facilities.
5. Bowling alleys.
6. Convention facilities.
7. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.
8. Health care facilities and adult day care facilities.
9. Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges, and universities.
10. Lobbies, hallways and other common areas in apartment buildings, condominiums and enclosed common areas in trailer parks.
11. Polling places.
12. Public Transportation under the authority of government agencies, including without limitation buses, trains, taxicabs, and limousines, and ticket boarding and waiting areas of public transit stations.
13. Restaurants, including if applicable, a Restaurant bar area.
14. Restrooms, lobbies, reception areas, hallways, and other enclosed common-use areas.
15. Public elevators and all retail stores where merchandise is displayed and offered for sale.
16. Rooms, chambers, places of meeting or public assembly, including without limitation school buildings, under the control of an agency, board, commission, committee or council or a political subdivision of the
State, to the extent the place is subject to the jurisdiction of the Village. Shopping malls.
17. Sports arenas or recreational areas, including without limitation, enclosed places in outdoor areas.
18. Grocery stores.
19. Public meetings.
20. Gymnasiums.
21. Gaming facilities.
22. Public and private school buildings.

Section 50-100. Reasonable Distance.
Smoking is prohibited within fifteen (15) feet of any entrance to an enclosed area in which smoking is prohibited.

Section 50-101. Where Smoking is not Regulated.
Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of this Article, provided smoking is not limited in such areas under another law or ordinance:
A. Private residences or a home-based business of any kind open to the public except when used as a licensed childcare, adult day care facility or health care facility.
B. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms provided, however, that not more than twenty-five percent (25%) of the rooms rented to guests in a hotel or motel may be so designated.
C. 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, as the case may be, in a room where smoking is permitted.
D. Private clubs or lodges.

Section 50-102. Declaration of Establishment as Non-Smoking.
Notwithstanding any other provision of this Article, 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 nonsmoking place.
Smoking shall be prohibited in any place in which a sign conforming to the requirements of this Article is posted.

Section 50-103. Posting of Signs/Other Requirements.
A. Every public place and place of employment where smoking is prohibited by this Article shall have posted at every entrance a conspicuous sign, sized no smaller than 8.5” by 11,” clearly stating that smoking is prohibited.
B. The operator, manager or other person having control of an area where smoking is prohibited by this
Article shall remove all ashtrays and other smoking paraphernalia intended for use where smoking is prohibited.
C. Every public place and place of employment where smoking is permitted by this Article shall have posted at every entrance commonly used by the public a conspicuous sign, sized no smaller than 12” by 18,” clearly stating “Smoking is Permitted” with lettering on the sign no smaller than 3 inches in height.

Monday’s complete agenda with the full text of the ordinance passed can be found here.