It is unlawful to make any interment or bury the dead body of any person within the village limits, except in a properly established cemetery.

(Code 2024, § 9.14.5)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 ten percent of its gross revenue from the sale of food consumed on the premises. The term "bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

Employee means a person who is employed by an employer in consideration for the 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 a municipal corporation, trust or nonprofit entity, that employees 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 solid walls or windows, exclusive of doorways, or solid walls with partitions and no windows, exclusive of doorways, that extend form the floor to the ceiling, including, without limitation, lobbies and corridors.

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, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions. The term "healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

Place of employment means any area under the control of a public or private employer that employees are required to enter, leave, or to pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; 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, nor are enclosed laboratories not open to the public, in an accredited university or government facility where the activity of smoking is exclusively conducted for the purpose of medical or scientific health-related research.

Private club means a not-for-profit association that:

1. Has been active and continuous and in existence for at least three years prior to the effective date of the ordinance from which this article is derived, whether incorporated or not;
2. Is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times;
3. Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; and
4. Only sells alcoholic beverages incidental to its operation.

For the purposes of this definition, the term "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.

Private residence means a structure used as a dwelling where one lives, a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin, or cottage. For the purpose of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home, or assisted living facility shall not be considered a private residence.

Public place means the 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 of the village or any other public entity, and regardless of whether a fee is charged for admission, including a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. The term "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. The term "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 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 percent 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.

Restaurant means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and public and private school cafeterias, that gives or offers for sale food to the public, guests, or employees, and a kitchen or catering facility in which food is prepared on the premises to serve elsewhere. The term "restaurant" includes a bar area within a restaurant.

Retail tobacco store means a retail establishment that derives more than 80 percent 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. The term "retail tobacco store" does not include a tobacco department or section of a larger commercial 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.

(Code 2024, § 4.13.12)

No person shall smoke in a public place or in any place of employment, or within 15 feet of any entrance, or exit, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited under this article. No person may smoke in any vehicle owned or leased by the village. Smoking is prohibited in indoor public places and workplaces unless specifically exempted in HVC 20.08.040.

(Code 2024, § 4.13.13)

1. The owner, operator, manager, or other person in control of the place shall clearly and conspicuously post in each public place and place of employment where smoking is prohibited by this article "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.
2. Each public place and place of employment where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
3. All ashtrays shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other persons having control of the area.

(Code 2024, § 4.13.14)

Notwithstanding any other provisions of this article, smoking is allowed in the following areas:

1. 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 the public.
2. Retail tobacco stores as defined in HVC 20.08.010 in operation prior to the effective date of the ordinance from which this article is derived. The retail tobacco store shall annually file with the village by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that derived from the sale of loose tobacco, plants, or herbs, cigars, cigarettes, pipes or other smoking devices. Any retail store that begins operation after the effective date of the ordinance from which this article is derived 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.
3. Private and semi-private 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.
4. 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 that 25 percent of the rooms rented to guests in the 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.

(Code 2024, § 4.13.15)

1. Any person, corporation, partnership, association, or other entity that violates any part of this article shall be fined pursuant to this section. Each day that a violation occurs is a separate violation.
2. A person who smokes in a area where smoking is prohibited under this article shall be fined in an amount that is not less than $100.00 or more than $750.00. A village-designated enforcement officer may, in lieu of making an arrest, or causing a complaint to be filed in the circuit court, issue a village ordinance ticket. Any person receiving a ordinance ticket may pay a penalty fee of $75.00 at the village hall and consider the matter settled. If the penalty is not paid within 14 days from the issuance of the ordinance ticket, the assigned village department will cause a complaint to be filed with the proper circuit court charging the person with the proper state charge. Nothing herein shall prohibit the filing of a complaint in the circuit court for a subsequent violation of the same provision.
3. A person who owns, operates, or otherwise controls a public place or a place of employment that violates any part of this article shall be fined not less than $250.00 or more than $750.00. The person shall pay such cost to the village within 30 days of notification of the cost by the village. Failure to pay the cost within 30 days may be the cause for civil action.

(Code 2024, § 4.13.16)