Batavia takes smoke ban local

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.