Every physician called in to care for or treat a person afflicted with a contagious disease or an epidemic disease shall make a report to the health officer of the same within 24 hours after being called in. In case no physician is in attendance, it shall be the duty of the person in charge of or having the care of the person to make a report within 24 hours from the time the disease is recognized. (‘69 Code, § 95.001) Penalty, see Section 95.99

The health officer shall have charge of the enforcement of the reasonable quarantine rules. He shall have the power and the authority to place any premises within which a contagious disease or epidemic disease occurs under quarantine. The health officer shall determine the time when the quarantine ends. (‘69 Code, § 95.005) Penalty, see Section 95.99

Cross-reference: Health officer, see Sections 32.50 through 32.53.

Premises which have been quarantined in accordance with the terms of Section 95.02 shall be thoroughly fumigated or otherwise freed from all risk of contagious disease under the supervision of the health officer before the quarantine shall end. (‘69 Code, § 95.010) Penalty, see Section 95.99

No person shall spread, wilfully or carelessly, any contagious disease or cause the spread of the same. (‘69 Code, § 95.015) Penalty, see Section 95.99

No person engaged in the delivery of food or drink intended for human consumption shall enter any premises which are quarantined because of the existence of a contagious or epidemic disease. No containers or bottles shall be removed from any such premises until the termination of the quarantine and no container which has been left at such premises during the quarantine shall be placed in use for carrying food or drink until it has been thoroughly sterilized. (‘69 Code, § 95.020) Penalty, see Section 95.99

No person shall sell or offer for sale any unwholesome or polluted food or drink of any kind in the city. (‘69 Code, § 95.040)

Cross-reference: Food dealer regulations, see Ch. 115

All premises used in the sale or storage of food or drink intended for human consumption shall be kept in a clean and sanitary condition. It shall be unlawful to permit any person who is afflicted with a contagious disease to handle any food or drink intended for sale. Premises shall be kept free from flies and vermin of all kinds. (‘69 Code, § 95.045) Penalty, see Section 95.99

No person shall maintain any common drinking cup, dipper, or other similar utensil for the use of more than one person in any public hall, theatre, store, or other place frequented by the public. (‘69 Code, § 95.050) Penalty, see Section 95.99

Utensils for personal use in all places serving food or drink to the public shall be thoroughly cleaned and sterilized after each usage. (‘69 Code, § 95.055) Penalty, see Section 95.99

(A) “Improper growth of weeds or grasses.” All weeds or grasses on vacant land over 12 inches in height from the ground and all weeds or grasses on occupied lots over eight inches in height from the ground.
(B) “Inoperable vehicle.” Any motor vehicle from which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven safely under its own motor power on the streets of the city.
(C) “Nuisance.” Any act which the common law classifies as a nuisance, or any act declared a nuisance by this code, or by a statute of the state of Illinois. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

It shall be unlawful for any person to cause a nuisance, or to permit a nuisance to continue under his or her control, or on property under his or her control, or to fail to abate any nuisance after notification or recognition of its existence. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

Any one or more of the following shall be deemed to be and are hereby declared nuisances:
(A) Obstructing any water course or source of water supply in the city.
(B) Pollution of any water course, pool, or source of water supply in the city.
(C) Any stagnant pool of water.
(D) Any accumulation of solid waste of any kind.
(E) Any solid waste of any kind buried within the city.
(F) Any building or structure in a condition as to be dangerous to the public in any way.
(G) Any business that is offensive.
(H) Any improper growth of weeds as set forth in Section 95.23.
(I) Any infestation of rats and vermin.
(J) No person shall deposit anywhere in the city any uncovered piles of refuse, garbage, offal or carcasses of dead animals.
(K) No person shall establish a cemetery or bury any person within the city limits, or within a mile thereof, except in an established cemetery.
(L) Any activity or condition that attracts wild animals, including birds and insects, in a manner or in numbers that causes damage to other property or a hazard to the public health.
(M) Any inoperable vehicle, unless within a wholly enclosed building, except for vehicles on the premises of a place of business engaged in motor vehicle wrecking or repair. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

The emission of smoke and particulate matter in the manner and quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare is declared to be a public nuisance. It shall be unlawful for any person to cause or to knowingly permit the emission of smoke and particulate matter from any fire, chimney, engine, oil burner or from any other source in the city in violation of this section.
The burning of leaves or solid waste within the corporate limits is declared to be a public nuisance. It shall be unlawful for any person to cause or to knowingly permit the burning of leaves or solid waste in any manner within the corporate limits of the city in violation of this section. This article does not pertain to recreational fire pits. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, roads and the like shall be kept to a minimum by landscaping, paving, oiling, fencing, cuffing of weeds or other appropriate means. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

It shall be unlawful to cause or to knowingly permit the emission of objectionable or hazardous odors in quantities so as to be readily detectable by an observer at any point on the boundary line of any premises or beyond. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

Nothing in this section shall be construed as limiting those requirements of the zoning ordinance and other provisions of this code which regulate more strictly the emission of smoke or particulate matter. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

If the person in control on the property on which any nuisance is located fails to abate it within seven days after written notification is sent by certified mail or is personally served, the city administrator is authorized to cause the abatement of the nuisance in any reasonable manner, including removal, impounding and disposal, in accordance with the Illinois Motor Vehicle Code. However, if the nuisance poses an immediate danger to public health and safety, the city administrator, after consultation with representatives from the health department and the city attorney, is authorized to cause the abatement of the nuisance in any reasonable manner without prior notice to the person in control of the property. Any reasonable expense incurred by the city in abating the nuisance shall be a charge against the owner, which may be recovered in an appropriate action at law. However, nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to motor vehicles on the premises of a place of business engaged in the business of wrecking or junking of motor vehicles.
In addition to all other remedies provided by law, the city shall have a lien on the lot or plot of real estate on which the nuisance was found, for the reasonable cost of the abatement of the nuisance. The lien shall be superior to all other liens and encumbrances except tax liens. Within 60 days after the cost is incurred, the city shall cause to be filed a notice of lien in the office of the recorder or registrar of titles of Cook County. The notice shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification; (2) the amount of money representing the cost and expense incurred or payable for each service; and (3) the date or dates when the cost and expense were incurred by the city. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

It shall be unlawful for any owner, lessee or occupant, or his or her agent, servant, representative or employee, having charge or control of any lot within the city of Wilmington, to permit or maintain on any lot, including the area located between the property line and the middle of the alley adjacent to the property, and the area located between the property line and the curb, and the area located 10 feet outside the property line where there is no curb, any improper growth of weeds or grasses. (Ord. 1592, passed 9-16-03) Penalty, see Section 95.99

As used in this article, the following terms shall have the following meanings:
“Ashtray” means any receptacle that is designed for disposing of the debris from smoking materials, including, but not limited to, ash, cigar stubs or cigarette butts or filters.
“Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises. “Bar” includes, but is not limited to, taverns, nightclubs, cocktail lounges, brew pubs, saloons, microbreweries, adult entertainment facilities and cabarets.
“Clearly and conspicuously” means that signage is designed so that letters, numbers and symbols are of sufficient size to be clearly legible and visible to an individual of normal vision from a distance of 5 feet.
“Contiguous area” means a place that is: (i) physically attached to a nonvehicle public place or place of employment, or (ii) separated from a nonvehicle public place or place of employment only by other places controlled by the proprietor of the public place or place of employment.
“Controlled” means under the authority and responsibility of a proprietor.
“Drift” means the physical movement of smoke, regardless of cause, into any area where smoking is prohibited.
“Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.
“Employer” means a person, business, partnership, association or corporation, including, but not limited to, a municipal corporation, trust or nonprofit entity, that employs the services of one or more individual persons.
“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 with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, but not limited to, lobbies and corridors.
“Enclosed or partially enclosed sports arena” means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational or other events.
“Entrance” or “exit” means any doorway in a building or facility that is used by an individual for ingress from or egress to the outdoors.
“Gaming equipment or supplies” means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.
“Gaming facility” means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.
“Healthcare facility” means an office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes and long-term care facilities, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions. “Healthcare facility” includes, but is not limited to, all waiting rooms, hallways, private rooms, semiprivate rooms and wards within healthcare facilities.
“IDPH” means the Illinois Department of Public Health.
“Infiltrate” means the transit or movement of smoke from one enclosed area to another, regardless of cause, including, but not limited to, movement of smoke induced or caused by changes in air flow.
“Outdoor patio” means an area that either: (i) is enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides, or (ii) has no roof or other overhead coverings regardless of the number of walls, fences or other side coverings. “Outdoor patio” includes, but is not limited to, beer gardens or other outdoor seating.
“Outdoor patio patron” means an individual who is occupying an outdoor patio.
“Permeable” means permitting smoke to pass through.
“Place of employment” means any area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including, but not limited to, offices and work areas; restrooms, conference and classrooms, break rooms and cafeterias and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care or other similar social service care on the premises, is not a “place of employment.”
“Private club” means a not-for-profit association that: (i) has been in active and continuous existence for at least 3 years prior to January 1, 2008, whether incorporated or not, (ii) is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times, (iii) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and (iv) only sells alcoholic beverages incidental to its operation. For purposes of this definition, “private club” means an organization that is managed by a board of directors, executive committee or similar body chosen by the members at an annual meeting, has established bylaws, a constitution or both to govern its activities and has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. 501.
“Private residence” means the part of a structure used as a dwelling, including, but not limited to, a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or long-term care facility, assisted living facility or student dormitory shall not be considered a private residence.
“Proprietor” means an owner, operator, manager, occupant, lessee or other individual in control of a public place or a place of employment.
“Public place” means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Illinois or any other public entity and regardless of whether a fee is charged for admission. A “public place” does not include a private residence unless the private residence is used to provide licensed child care, foster care or other similar social service care on the premises. A “public place” includes, but is not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government-owned vehicles and facilities, including, but not limited to, buildings and vehicles owned, leased or operated by the state or state subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas and no less than 75% of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast or other similar public accommodation that are rented to guests, but excludes private residences. A “public place” also includes, but is not limited to, any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies and hallways of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.
“Restaurant” means: (i) an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands and private and public school cafeterias, that gives or offers for sale food to the public, guests or employees, and (ii) a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. “Restaurant” includes, but is not limited to, a bar area within the restaurant.
“Retail tobacco store” means a retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants or herbs and cigars, cigarettes, pipes and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. “Retail tobacco store” does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food or restaurant license.
“Smoke” or “smoking” means the carrying, smoking, burning, inhaling or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs or any other lighted smoking equipment.
“Smoking products and accessories” means smoking materials, including, but not limited to, cigars, cigarettes or pipe tobacco, and smoking-related materials, including, but not limited to, ashtrays, lighters, humidors, pipes or cigarette cases. (Ord. 08-02-19-04, passed 2-19-08)

(A) Smoking is prohibited in any public place or in any place of employment.
(B) Notwithstanding any other provision of this article, any employer, owner, occupant, lessee, operator, manager or other person in control of any public place or place of employment may designate a nonenclosed area of a public place or place of employment, including, but not limited to, outdoor areas, as an area where smoking is also prohibited, provided that such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in Section 95.43 of this article.
(C) Smoking is prohibited within a minimum distance of 15 feet from entrances, exits, windows that open and ventilation intakes that serve an enclosed area where smoking is prohibited under this article. Smoking is further prohibited within a minimum distance of 15 feet from any nonenclosed area where smoking is prohibited pursuant to subsection (B) of this section. (Ord. 08-02-19-04, passed 2-19-08)

(A) “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in each public place and place of employment where smoking is prohibited by this article by the owner, operator, manager or other person in control of that place.
(B) To meet the requirements of subsection (A) of this section, a proprietor of a public place or place of employment shall post signs that:
(1) Are no smaller than 5 inches by 7 inches; and
(2) Contain the international “No Smoking” symbol or the words “No Smoking”; the telephone numbers designated by the IDPH for registering complaints; the IDPH’s website for obtaining the complaint form; and letters, numbers and symbols of sufficient size to be clearly legible to an individual of normal vision from a distance of 5 feet.
(C) Each public place and place of employment where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign, in compliance with subsection (B) of this section, clearly stating that smoking is prohibited.
(D) All ashtrays shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other person having control of the area. A proprietor may store ashtrays and other receptacles used for disposing of smoking materials in a location within an area where smoking is prohibited if the location has no public access and the location is used primarily for storage purposes. (Ord. 08-02-19-04, passed 2-19-08)

(A) A proprietor may designate an area as an outdoor patio where smoking is permitted only if the area:
(1) Is 15 feet or more from entrances, exits, windows that open and ventilation intakes that serve an enclosed area where smoking is prohibited;
(2) Is a contiguous area of a public place or place of employment;
(3) Is controlled by the proprietor of the public place or place of employment;
(4) Has at least one side that consists of open space, permeable material, a combination of open space and permeable material or a combination of open space, permeable material and a nonpermeable wall; and
(5) Has, if all walls are nonpermeable, no overhead covering or an overhead covering that consists of permeable material or a combination of open space and permeable material.
(B) If an outdoor patio where smoking is permitted has a doorway that provides access from an enclosed area to the patio for outdoor patio patrons and does not have a wall that prevents individuals from entering the outdoor patio, the proprietor shall:
(1) Inform individuals that the doorway is not an entrance to the enclosed area but is a doorway for outdoor patio patrons; and
(2) Direct individuals who are not outdoor patio patrons to an entrance to the enclosed area.
(C) A proprietor may designate smoking and nonsmoking sections of an outdoor patio only if the smoking section is clearly and conspicuously separated from the nonsmoking section and if the smoking area is at least 15 feet away from the entrances, exits, windows that open and ventilation intakes.
(D) The proprietor shall not permit tobacco smoke to drift or infiltrate into areas where smoking is prohibited. (Ord. 08-02-19-04, passed 2-19-08)

(A) Individual Responsibilities.
(1) An individual shall not smoke in an area where smoking is prohibited by this article.
(2) An individual in an area where smoking is prohibited shall stop smoking immediately when requested to stop smoking by the proprietor of the public place or place of employment.
(B) Proprietor Responsibilities.
(1) A proprietor shall:
(a) Not permit smoking in an area where smoking is prohibited by this article;
(b) Not permit smoke to drift or infiltrate into a building or facility through an entrance, a window, a ventilation system or other means;
(c) Post signs and remove ashtrays according to Section 95.43 of this article;
(d) Communicate that smoking is prohibited in a place of employment to all existing employees and, at the time of application, all applicants for employment.
(2) If a building or facility that is controlled by a proprietor contains several places of employment or public places that are controlled by other proprietors:
(a) The proprietor of the entire building or facility shall comply with the requirements of subsection (B)(1) of this section for the area controlled by the proprietor of the place of employment or public place.
(b) The proprietor of each place of employment or public place shall comply with the requirements in subsection (B)(1) of this section for the area controlled by the proprietor of the place of employment or public place.
(3) If an individual in an area controlled by a proprietor is smoking in violation of this article, the proprietor shall inform the individual that he or she is in violation of this article and request that the individual stop smoking immediately.
(C) No person shall discharge, refuse to hire or in any manner retaliate against any individual for exercising any right, including, but not limited to, reporting a violation, or performing any obligation under this article. (Ord. 08-02-19-04, passed 2-19-08)

Notwithstanding any other provision of this article, smoking is allowed in the following areas:
(A) Private residences or dwelling places, except when used as a child care, adult day care or healthcare facility or any other home-based business open to the public;
(B) Retail tobacco stores in operation prior to January 1, 2008. The retail tobacco store shall annually file with the IDPH by January 31st an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants or herbs and cigars, cigarettes, pipes or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after January 1, 2008 may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited;
(C) Private and semiprivate 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 in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home. In exercising this exemption, the nursing home or long-term care facility shall ensure that any rooms designated for smoking also comply with the statutes, ordinances and administrative rules under which the home or facility is licensed and the fire protection and life safety codes incorporated by reference therein. Nothing in this section shall require a nursing home or long-term care facility that is smoke free to designate a smoking area within the facility;
(D) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms. (Ord. 08-02-19-04, passed 2-19-08)

No individual may be discriminated against in any manner because of the exercise of any rights afforded by this article. No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article. (Ord. 08-02-19-04, passed 2-19-08)

The city police department shall enforce the provisions of this article and may assess fines pursuant to Section 95.49 of this article. Any person may register a complaint with the city police department for a violation of this article. (Ord. 08-02-19-04, passed 2-19-08)

(A) A person, corporation, partnership, association or other entity who violates this article shall be fined and/or enjoined pursuant to this section. Each day that a violation occurs is a separate violation.
(B) A person who smokes in an area where smoking is prohibited under this article shall be fined in an amount that is not less than $100 and not more than $250. In determining the amount of the fine, the city will consider the type(s) of violation(s) committed, past violations documented and whether payment was received from past violations, if applicable.
(C) A person who owns, operates or otherwise controls a public place or place of employment that violates this article shall be fined: (i) not less than $250 for the first violation, (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. In determining the amount of the fine, the city will consider the type(s) of violation(s) committed, past violations documented and whether payment was received from past violations, if applicable.
(D) In addition to any fine provided in this section, the city may institute, in a circuit court, an action to enjoin violations of this article. (Ord. 08-02-19-04, passed 2-19-08)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 880, passed 5-3-83; Ord. 1574, passed 7-15-03)