Batavia Update
Batavia takes smoke ban local 1/25/08 By Mark Foster | Daily Herald Correspondent Batavia officials plan to enforce the state's public smoking ban with a local ordinance. The Batavia City Council this week approved an ordinance that mirrors the state law, allowing the city to issue tickets to violators. City attorney John Noble told aldermen that by enforcing the ban under the municipal code, the city will be able to avoid sending the cases to the state's attorney's office, and will collect the revenue generated from fines. "We'll be able to stay out of the courthouse," Noble said. The state law, which took effect Jan. 1, bans smoking in all restaurants, bars, places of employment or any other indoor location that is accessible to the public. Noble said that the city's ordinance simplifies the language of the state law while having the same effect. "The state act is long and convoluted," Noble said. "It is not a picture of clarity and logic." Mayor Jeff Schielke said legislation pending in the Illinois House would create several exemptions to the public smoking law. The bill would allow smoking in casinos and in bars where food makes up less than 10 percent of sales. Another provision of the legislation would permit the membership of private clubs to vote on whether or not to allow smoking. "I think it's going to be a hotly contested bill," Schielke said. If exemptions are made to the state law, the city would be allowed to keep the tighter restrictions in place, Noble said. Batavia Police Chief Gary Schira said there is confusion as to whether the ban applies to outdoor dining patios, and is awaiting an administrative ruling. Currently, the police department only is issuing warnings to violators. Read
Batavia Committee Rejects Smoking Ban Ban Would Affect Batavia, St. Charles And Geneva Feb 7, 2007 (CBS) BATAVIA, Ill. The fate is up in the air for an area-wide smoking ban that would affect three west suburban communities if approved. CBS 2 news partner the Kane County Chronicle reports the Batavia City Council's City Service Committee rejected a proposed indoor smoking ban that would include bars and restaurants. Aldermen in St. Charles approved a citywide smoking ban on Monday, contingent on the Batavia and Geneva city councils also approving a ban. The committee in Batavia that voted on the ban represents half of the city's 14 aldermen. Its recommendation goes to the full City Council Feb. 19. In voting in favor of the ban, Ald. Nancy Vance pointed to the dangers of secondhand smoke. “There should be no doubt to the council that smoking is a health hazard and that secondhand smoke is a health hazard,” Vance said in voicing her support for the ban. “Public safety will always trump economic gain.” But the owners of several Batavia bars and restaurants have said the ban would hurt them financially, and the majority of aldermen took their side. “I don’t think it is our right to tell people what they can do in their own businesses,” Ald. Eldon Frydendall said. Ald, Jim Volk said a smoking ban would not be enforced, anyway. “I don’t think we should have ordinances on the books that we really don’t intend to enforce,” Volk said. Under the proposed smoking ban, private homes would be exempted, unless they are used for day care. Also exempted would be privately owned vehicles, private nonprofit organizations such as Moose lodges, retail tobacco stores, and hotel rooms that are designated as smoking rooms. Those violating the ordinance could face fines between $50 and $250. The owner or manager of an establishment who knowingly allows smoking in a prohibited area could face fines ranging from $100 for a first offense to $500 for a third offense. Kane County Chronicle Reporter Eric Schelkopf contributed to this report. Read
Comments sought on smoke ban BATAVIA – By May, bars and restaurants in Batavia, Geneva and St. Charles could be smoke free. Batavia residents will be able to weigh in on the proposal during a public hearing at 7:30 p.m. Jan. 10 at the Batavia Government Center, 100 N. Island Ave. The hearing will be part of the City Council’s City Services Committee meeting. Geneva already has been discussing a proposed ban through its Geneva Smoking Task Force, made up of elected officials, residents and business representatives. “We have had several public meetings, and continue to provide the opportunity for the public to comment on our Web page,” Geneva Mayor Kevin Burns said. Batavia, Geneva and St. Charles city councils are expected to vote on the smoking bans by early February. A proposed ordinance would ban smoking in all indoor public places, including bars and restaurants. Private homes would be exempted, unless they are used for day care. Also exempted would be private nonprofit organizations such as Moose lodges, retail tobacco stores, public sidewalks, parks and golf courses, and hotel rooms that are designated as smoking rooms. Batavia staff members worked with Geneva and St. Charles officials to develop the proposed ordinance. Batavia City Administrator Bill McGrath said the three cities wanted to approve similar ordinances to keep the cities on equal footing. Burns agreed with such an approach. “It makes no sense for one community to go it alone. It becomes an unfair economic advantage,” he said. Kane County Board Chairwoman Karen McConnaughay has pressed for municipalities and the county to work together to have a true countywide ban. The Tri-Cities ordinance would take effect May 1. Those violating the ordinance could face fines between $50 and $250. The owner or manager of an establishment who knowingly allows smoking in a prohibited area could face fines ranging from $100 for a first offense to $500 for a third offense. State legislation gives municipalities and counties the power to ban smoking in public places. However, any county ban would affect only unincorporated areas. Several Illinois cities already have banned public smoking, including Chicago, Champaign, Normal and Springfield. Read
Public hearing set on smoking ban Denise Linke
December 20, 2006 BATAVIA -- A public hearing on a smoking ban in Batavia, Geneva and St. Charles is set for Jan. 10 in Batavia. A draft of the proposed ordinance will be available in Batavia City Hall and on the city's Web site, www.cityofbatavia.net, by Friday, said Assistant City Administrator Randy Recklaus. Mayor Jeff Schielke said he hopes the council can vote on the measure by late January. The proposal would ban smoking in all indoor public places, including restaurants and taverns, throughout Batavia, Geneva and St. Charles. Each city would have to pass the ordinance separately, Recklaus said. By enacting identical indoor smoking bans, officials of all three towns hope to prevent smokers from simply moving up or down river to patronize eateries where smoking would still be allowed. Read
Batavia aldermen discuss smoking ban
BY Mark Foster, Daily Herald Correspondent
November 01, 2006
Batavia aldermen Tuesday moved closer to snuffing out public smoking in the city.
They set aside Jan. 10 for the council’s city services committee to listen to residents and business owners vent their support or opposition to a smoking ban.
Batavia is working with Geneva, St. Charles and other surrounding communities to impose a uniform ban, so that restaurants and bars in one municipality would not draw business away from others.
“What this really is about is everybody’s concern about commercial competition impacts,” city administrator Bill McGrath told aldermen.
McGrath has been careful to say that a smoking ban is a policy decision for aldermen, but that the question of whether second-hand smoke is dangerous is no longer considered an issue for debate, as defined by the state of Illinois.
“To rely on mechanical removal systems doesn’t make sense,” McGrath said. “We’re talking about a ban on public smoking, end of story, period.”
Funway Entertainment Center owner Bob Hansen said a smoking ban would have a detrimental effect on bowling league play at his bowling alley.
“We will lose business,” Hansen told aldermen. “Our league play is like a private club.”
Smoking is allowed in the bowling alley only during league play, Hansen said, other than at the bar. League bowlers have told Hansen they will not come to Funway if they are prohibited from smoking.
Hansen noted that his investment in a smoke-removal system in the bowling alley will have been wasted if the city bans smoking.
Fifth Ward Alderman Eldon Frydendall said business owners should be allowed to determine which public establishments are smoke-free and which ones allow smoking.
“Some restaurants have chosen to be smoke-free, others have not,” Frydendall said.
Third Ward Alderman Linnea Miller agreed.
“It’s market-driven,” Miller said. “Not everybody needs to go into every single place.”
Second Ward Alderman Victor Dietz also has expressed reservations about the council instituting a smoking ban.
However, Fourth Ward Alderman James Volk, the city services committee chairman, said the council should continue deliberating the issue, and come to a vote.
“I don’t want to abandon the process,” Volk said. Read
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