Ordinance 2008-031 Ordinance No. ZM% at
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVH,LE, KENDALL COUNTY, ILLINOIS, ADOPTING THE SMOKE FREE ILLINOIS ACT
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, the Mayor and City Council (the "Corporate Authorities ") find that tobacco smoke
is a harmful and dangerous carcinogen to human beings and a hazard to public health; secondhand
smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the
National Cancer Institute; secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant
death syndrome, low- birth - weight in infants, asthma and exacerbation of asthma, bronchitis, and
pneumonia in children and adults; secondhand tobacco smoke is the third leading cause of preventable
death in the United States; Illinois workers exposed to secondhand tobacco smoke are at increase risk of
premature death; and, an estimated 2,900 Illinois citizens die each year from exposure to secondhand
tobacco smoke; and,
WHEREAS, the Corporate Authorities also find that the United States Surgeon General's 2006
report has determined that there is no risk -free level of exposure to secondhand smoke; the scientific
evidence that secondhand smoke causes serious diseases including lung cancer, heart disease, and
respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from
nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure;
and, smoke -free workplace policies are effective in reducing secondhand smoke exposure and do not
have an adverse economic impact on the hospitality industry; and,
WHEREAS, the Corporate Authorities also find that the Environmental Protection Agency has
determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of
ventilation; air cleaners, which are capable only of filtering the particulate matter and odors in smoke, do
not eliminate the known toxins in secondhand smoke; the American Society of Heating, Refrigerating
and Air - Conditioning Engineers ( ASHRAE) bases its ventilation standards on totally smoke -free
environments because it cannot determine a safe level of exposure to secondhand smoke, which contains
cancer- causing chemicals, and ASHRAE acknowledges that technology does not exist that can remove
chemicals that cause cancer from the air; ASHRAE concludes that, at present, the only means of
eliminating health risks associated with indoor exposure is to eliminate all smoking activity indoors;
and,
WHEREAS, the Smoke Free Illinois Act (410 ILCS 82/1, et seq.) (the "Act ") provides for the
enforcement of violations of the Act and the assessment of fines by the Department of Public Health,
State - certified local public health departments, and local law enforcement agencies; and,
WHEREAS, the Act states that a fine imposed pursuant to the Act shall be allocated so that that
one -half (1/2) of the fine shall be distributed to the Department of Public Health and one -half (1/2) of
the fine shall be distributed to the enforcing agency; and,
WHEREAS, in order to protect the health, safety, and welfare of its citizens, the City desires the
United City of Yorkville Police Department to be the enforcing agency of violations of the Act that
occur within the City's jurisdiction thereby enabling the City to collect one -half (1/2) of any fine.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 4 of the United City of Yorkville Code of Ordinances is hereby amended by
adding the following new Chapter 6:
CHAPTER 6
SMOKE FREE ILLINOIS ACT
4 -6 -1: ADOPTED: The Smoke Free Illinois Act (420 ILCS 82/1, et seq.), is hereby
adopted as the Smoke Free code of the City, which regulates and governs smoking in
public places, places of employment, and government vehicles; and, provides for the
collection of fines for violations thereof by the United City of Yorkville Police
Department; and, each and all of the regulations, provisions, penalties, conditions, and
terms of said Smoke Free Illinois Act are hereby adopted and made a part hereof, as if
fully set out in this Chapter.
Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 13
day of (�I�r , A.D. 2008.
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CITY CLE
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH L 1 "
GARY GOLINSKI MARTY MUNNS I
ROSE SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this f 3
day of MA y 2008.
' II I
MAYOR V
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