Lake County, IL
File #: 23-1563    Version: 1 Name: Resolution Amending Chapter 95 of the Lake County Code of Ordinances (Smoke-Free Environment).
Type: resolution Status: Passed
File created: 10/19/2023 In control: Law & Judicial Committee
On agenda: Final action: 11/14/2023
Title: Resolution Amending Chapter 95 of the Lake County Code of Ordinances (Smoke-Free Environment).
Attachments: 1. CHAPTER 95_SMOKE-FREE ENVIRONMENT rev 10 02 2023 CLEAN VERSION, 2. CHAPTER 95_SMOKE-FREE ENVIRONMENT rev 10 02 2023 REDLINE

Title

Resolution Amending Chapter 95 of the Lake County Code of Ordinances (Smoke-Free Environment).

 

Staff Summary

                     The primary purpose of the proposed amendments to Chapter 95 is to align it with Illinois law regarding the use of electronic cigarettes in public places.

o                     The Governor of Illinois signed Public Act 103-0272 into law on July 28, 2023, which becomes effective on January 1, 2024.

o                     Public Act 103-0272 amends the Smoke-Free Illinois Act (410 ILCS 82/10) and includes the use of electronic cigarettes into the definition of “smoking”.

o                     The amendments effectively prohibit the use of electronic cigarettes in public places in the same manner that traditional smoking is prohibited.

                     In addition to aligning Chapter 95 with Illinois law regarding the use of electronic cigarettes in public places, other proposed amendments to the Chapter include:

o                     The Ordinance Findings and Recitals are proposed to be simplified, recognizing that indoor smoking is prohibited by Illinois law, which was not the case when the Chapter was originally adopted in 2007.

o                     There is proposed clarification and consistency in the use of the term “within unincorporated Lake County” which is the designated area in which the ordinance is enforced.

o                     There is proposed clarification of the authorized enforcing agencies of the ordinance.

 

Body

RESOLUTION

 

WHEREAS, the Lake County Board adopted the Lake County Smoke-Free Environment Ordinance on May 8, 2007, and incorporated it into the Lake County Code of Ordinances at Chapter 95 on February 10, 2015; and

 

WHEREAS, the Governor of Illinois signed Public Act 103-0272 into law on July 28, 2023, which amends the Smoke-Free Illinois Act (410 ILCS 82/10), and becomes effective on January 1, 2024; and

 

WHEREAS, Public Act 103-0272 amends the Smoke-Free Illinois Act to prohibit the use of electronic cigarettes in public places; and

 

WHEREAS, the Lake County Health Department, an authorized enforcing agency of Chapter 95. is proposing amendments to this Chapter to align it with the Smoke-Free Illinois Act: and

 

WHEREAS, the proposed amendments align the Chapter with State law and contain further clarifications; and

 

NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that the amendments to Lake County Code of Ordinances Chapter 95 herewith be approved and made a matter of Lake County law.

 

BE IT FURTHER RESOLVED, that the Lake County Clerk is hereby authorized to distribute certified copies of the amended Ordinance to the County Administrator, Comptroller, and the Executive Director of the Lake County Health Department.

 

DATED at Waukegan, Illinois, on November 14, 2023.