Smoking Ban Policy Schaumburg Park District

Smoking Ban Ordinance

ORDINANCE 09 – 12 – 3P

AN ORDINANCE AMENDING THE PARK USE ORDINANCE OF
THE SCHAUMBURG PARK DISTRICT TO REGULATE SMOKING
ON PARK PROPERTY AND IN PARK VEHICLES

BE IT ORDAINED by the Board of Park Commissioners of the Schaumburg Park District, Cook County, Illinois, as follows:

SECTION ONE:  That Chapter III of the Park Use Ordinance of the Schaumburg Park District is amended to add new Section 27 thereto regulating smoking, as follows:

27. Smoking.

27.1 Definitions. In this Ordinance:

“Enclosed area” means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls within partitions and no windows, exclusive of doorways that extend from the floor to the ceiling.

“Enclosed or partially enclosed park facility” means any sports pavilion, stadium gymnasium, health spa, arena, swimming pool, skating rink or other similar space where members of the public assemble to engage in physical exercise or participate in athletic or recreational activities or to witness sports, cultural, recreational or other events and which constitutes an enclosed or partially enclosed sports arena under the Smoke Free Illinois Act (410 ILCS 82/1, et seq.).

“Park property” means any land, building, enclosed or partially enclosed park facility, or other public place which is owned, leased or operated by the Schaumburg Park District, and includes portions of land and buildings owned by the park district which is leased to a private third party individual or entity or to which a private third party individual or entity has been granted a license by the park district to use all or a portion of its land, buildings and/or enclosed or partially enclosed park facilities.

“Smoke” or “smoking” means the carrying, smoking, burning, inhaling or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, tobacco, weed, herbs or any kind of smoking equipment.  Smoke or smoking does not include smoking that is associated with a native recognized religious ceremony, ritual or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a, for which all applicable federal, state, county, local and park district permits, if any, have been procured.

The definitions of “enclosed or partially enclosed sports arena” and “public place” set forth in Section 10 of the Smoke Free Illinois Act (410 ILCS 82/10) are hereby adopted and are expressly incorporated herein and made a part of this Ordinance by reference.

27.2 Smoking in Park District Buildings Prohibited.

Smoking in park district buildings, enclosed facilities on park property, enclosed or partially enclosed park facility, or within fifteen (15) feet of any entrance, exit, window that opens or ventilation intake that serve any park district building, enclosed area on park property, or enclosed or partially enclosed park facility, is prohibited.  No person shall smoke in any park district building, enclosed facility on park property, or enclosed or partially enclosed park facility, or within fifteen (15) feet of any entrance, exits, window that opens or air intake that serve a park district building, enclosed area, or enclosed or partially enclosed park facility where smoking is prohibited.

27.3 Designation of Other Non-Smoking Areas.

Smoking is prohibited in the following designated areas of non-enclosed areas of park property, including outdoor areas:

(i) Within fifty (50) feet of all athletic fields, bleachers, hard court play surfaces, swimming pools, playgrounds, shelters and boat docks, unless specifically exempted by paragraph 27.5 of this Ordinance.
(ii) Within fifty (50) feet from a designated park program being operated on park property at which members of the public are visibly present.
(iii) Within fifty (50) feet of the area in which a park district special event is conducted on park property.
(iv) On any brick paver patio adjacent to the clubhouse at the Schaumburg Golf Club, except in designated smoking areas as provided in paragraph 27.5 of this Ordnance.
(v) On any patio adjacent to the clubhouse at the Walnut Greens Golf Course, except in designated smoking areas as provided in paragraph 27.5 of this Ordinance.
(vi) On other non-enclosed areas of park property where smoking is prohibited and said areas are conspicuously marked by no smoking signs.
27.4 Smoking in Park District Vehicles Prohibited.

Smoking in any park district vehicle or on any park district motorized equipment is prohibited.  No person shall smoke in any vehicle or on any motorized equipment which is owned, leased or operated by the park district unless specifically exempt under paragraph 27.5 of this Ordinance.

27.5 Exemptions.

Notwithstanding any other provisions of this Ordinance, smoking is only allowed in the following areas on park district property and in the following park district vehicles:

(i) On the Schaumburg Golf Club golf course and in golf carts operated at the Schaumburg Golf Club.
(ii) On the Walnut Greens Golf Course and in golf carts operated at the Walnut Greens Golf Course.
(iii) In a designated outdoor smoking area on the patio adjacent to the clubhouse at the Schaumburg Golf Club which has been conspicuously posted and marked to allow for smoking.
(iv) In a designated outdoor smoking areas on the patio adjacent to the clubhouse at the Walnut Greens Golf Course which has been conspicuously posted and marked to allow for smoking.
(v) In any designated smoking area conspicuously posted and marked to allow for smoking.

SECTION TWO:  SEVERABILITY.  If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION THREE:  REPEAL OF PRIOR ORDINANCES.  All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.

SECTION FOUR:  EFFECTIVE DATE.  This Ordinance shall be in full force and effect upon its passage and approval.


ROLL CALL VOTE:

AYES:  Daniels, DiMaria, Johnson, Longmeyer and Schmidt

NAYS:  None

ABSENT:  None

PASSED:  December 10, 2009

APPROVED:  December 10, 2009

 

_________________________________
President

ATTEST:


_________________________
Secretary


 C E R T I F I C A T I O N

I, the undersigned, do hereby certify that I am the Secretary of the Schaumburg Park District, Cook County, Illinois, and that the foregoing is a true, complete and exact copy of Ordinance 09-12-3P, enacted on December 10, 2009, and approved on December 10, 2009, as the same appears from the official records of the Schaumburg Park District.


____________________________________
Secretary

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