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Tougher on tobacco

Wheaton's smoking ban hasn't generated much heat for those with a propensity to puff, but it's about to get a little warmer.

City officials reported Monday night that the city's smoking ban hasn't resulted in many citations, if any, since it came on the books at the start of the year.

City Manager Don Rose told city council members it's mostly been a self-policed law, with few negatives. Rose said he's heard only anecdotal outcries of a drop in business from a couple restaurants in town since the ban went in place.

That impact will be nullified when the statewide smoking ban takes effect at the start of 2008. The law allows cities like Wheaton to maintain their own smoking ban provisions as long as they are more strict than the state law.

That means Wheaton must beef up its ban in a couple of places where it's less restrictive.

The changes would include the increase of fines for both individuals and businesses violating the smoking ban.

Wheaton's fine for individuals would increase from $75 to a range of $100 to $250 depending on the offense. Business owners would also see a fine increase. Wheaton currently charges $150 per day of the violation. That will increase to $250 for the first offense, $500 for the second offense and $2,500 for each additional offense.

Councilman Phil Suess asked staff to investigate adding an entirely new provision. He suggested a modified version of the ban recently discussed for the Chicago Park District.

That ban would eliminate smoking from playgrounds, play lots and beaches in the Chicago Park District. Suess said, at a minimum, he'd like to see smoking banned for a 15-foot radius around seats at all ball fields in Wheaton.

Most of those fields are under the control of the Wheaton Park District. However, the city council has already shown a willingness to write laws impacting the park district. The city's current smoking ban includes the park district's Memorial Park.

Rose said he'll have the city attorney investigate the change.

Smoke: City making plans to increase fines

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