Smoking ban could mean more work for Kane County

Kane County's top prosecutor says his staff could log more time in court to enforce the statewide smoking ban that takes effect next year, unless local towns enact their own versions of the law.

State's Attorney John Barsanti said his office is gearing up to deal with an increase in tickets it must prosecute for violations of the Smoke Free Illinois Act, which takes effect Jan. 1.

Communities could opt to create their own version of the law, which would allow towns to prosecute smoking scofflaws and generate revenue from fines, Barsanti said.

Local officials also could do nothing, which would put the onus on the county to prosecute any tickets for violators of the ban, he said.

"I don't know how municipalities are going to enforce this," Barsanti said earlier this week. "I don't know how this is going to play out."

The issue is not new to the Fox Valley, where nearly all towns have mulled whether to adopt ordinances that mirror the new state law prohibiting lighting up in the workplace.

St. Charles enacted a similar ban in February but repealed it a month later because the state law was set to take effect, according to the city's Web site. Other towns also have opted against a local no-smoking ordinance.

"As long as the state has standardized the rules, our businesses know what they have to deal with," said William Ganek, the Algonquin village manager.

Batavia, on its Web site, indicates it is considering its own smoking ban, one that could be easier to enforce.

Elgin, whose leaders also considered a smoke-free law, wants more guidance on how the state ban is to be enforced before the city does anything of its own, said Sue Olafson, a city spokeswoman.

"There's some thought about the enforcement of this ban going through local liquor commissions, since liquor establishments sell tobacco," Olafson said.

The law says smokers who ignore the ban face fines between $100 and $250. Business owners who do not enforce the law face a $250 fine for their first violation, $500 for the second and $2,500 for the third.

McHenry County State's Attorney Louis Bianchi said he does not expect a significant number of new prosecutions, saying he believes most smokers will respect the law and those who don't will be pressured into doing so by the non-smokers around them.

"We don't expect to see a lot of violations," he said. "I think it will be somewhat self-policing."

• Staff writer Charles Keeshan contributed to this report