CHAPTER 134

OFFENSES AGAINST 

PUBLIC HEALTH AND SAFETY

 

134.01   Spitting

134.02   Abandoned refrigerators

134.03   Control of communicable diseases

134.04   Smoke Free Washington

134.99   Penalty

 

§ 134.01  SPITTING.

 

It shall be unlawful for any person to spit upon any public sidewalk, upon the floor of any public conveyance, or upon the floor of any theater, hall, assembly room, or public building. 

Penalty, see § 134.99

 

§ 134.02  ABANDONED REFRIGERATORS.

 

It shall be unlawful to permit any unused or abandoned refrigerator, icebox, or deep freeze or other freezers to remain in any place accessible to any child, without first removing the doors or breaking the hinges of the door or doors, of any such icebox, refrigerator, or freezer. 

Penalty, see § 134.99

 

§ 134.03  CONTROL OF COMMUNICABLE DISEASES.

 

It shall be the duty of the City Administrator or other designated official to enforce all state laws and all rules and regulations of the State Department of Public Health pertaining to the control of communicable diseases; and to enforce the provisions of this code, other ordinances of the city, and all rules, regulations, and orders of the Public Board of Health pertaining to the control of communicable diseases. 

 

§ 134.04  SMOKE FREE WASHINGTON

  1. Definitions.  410 ILCS 82/10, as may be amended from time to time, is hereby adopted as §134.04(A) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

  2. Smoking Prohibited.  410 ILCS 82/15, as may be amended from time to time, is hereby adopted as §134.04(B) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

  3. Posting of Signs.  410 ILCS 82/20, as may be amended from time to time, is hereby adopted as §134.04(C) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

  4. Designation of Other Non-Smoking Areas.  410 ILCS 82/30, as may be amended from time to time, is hereby adopted as §134.04(D) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

  5. Exemption.  410 ILCS 82/35, as may be amended from time to time, is hereby adopted as §134.04(E) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

  6. Complaints.  410 ILCS 82/40, as may be amended from time to time, is hereby adopted as §134.04(F) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

  7. Violations.

  1. A person, corporation, partnership, association, or other entity who violates §134.04(B) of this Ordinance shall be fined pursuant to this Section (G). Each day that a violation occurs is a separate violation.

  2. A person who smokes in an area where smoking is prohibited under §134.04(B) or §134.04(J) shall be fined an amount not less than $100 and nor more than $250.

  3. A person who owns, operates, or otherwise controls a public place or place of employment that violates §134.04(B), or §134.04(J) shall be fined (i) not less than $250 for the first violation during any twelve month period of time, (ii) not less than $500 for the second violation within one year after the first violation, and (iii) not less than $2,500 for each additional violation within one year after the first violation.

  4. All violations of §134.04 may be enforced by issuance of a Notice of Violation for the amount enumerated in this Section for a violation thereof, or may be enforced by issuance of a Notice to Appear. If the Notice of Violation is issued to a person who smokes in an area where smoking is prohibited under §134.04(B), the fine shall be $100 for a first offense within twelve (12) months, $150 for a second offense within one year after the first violations, and $250 for each additional violation within one year after the first violation.

  1. Injunctions.  The City may institute, in a circuit court, an action to enjoin violations of this Ordinance.

  2. Entrances, Exits, Windows and Ventilation Intakes.  410 ILCS 82/70, as may be amended from time to time, is hereby adopted as §134.04(I) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

(Am. Ord. 2771, passed 3-3-08)

 

§ 134.99  PENALTY

 

Whoever violates the provisions of this chapter, for which another penalty is not already provided, shall be fined not more than five hundred dollars ($500.00) for each offense.