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McHenry County, IL Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum smoking distance
15 feet from entrances, exits, vents
Governing section
McHenry County Code § 2.92.050
State law implemented
Smoke Free Illinois Act, Pub. Act 95-0017
Vehicles/equipment
Smoking banned in all County vehicles
Adopted
Res. R-200711-12-282, passed 12-20-2007
Complaint agencies
IL Dept. of Public Health, County Health Dept.

Summary

McHenry County bars smoking within 15 feet of any entrance, exit, operable window, or ventilation intake at County-owned or leased buildings. The rule, set out in the county's Smoking Policy under Section 2.92.050, implements the Smoke Free Illinois Act and confines smoking to posted Designated Smoking Areas placed outside that 15-foot buffer. Smoking is also banned outright inside every County vehicle and piece of equipment.

These county ordinances apply to unincorporated areas of McHenry County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

D. All exterior ashtrays will be placed a minimum of 15 feet from any County owned or leased facility. Signage noting “no smoking beyond this point” will be posted on or by exterior ashtrays. ... I. ... in all cases smoking is prohibited within a minimum distance of 15 feet from entrances, exits, windows that open and ventilation intakes. The County shall establish “Designated Smoking Areas” for each County owned or leased facility for use by County employees. Employee smoking shall be restricted to Designated Smoking Areas. Such Designated Smoking Areas shall be so posted and employees of that facility shall be so informed of their location.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).

Full Breakdown

McHenry County adopted its Smoking Policy (Res. R-200711-12-282, passed 12-20-2007) to carry out the Illinois Smoke Free Illinois Act (Public Act 95-0017) on every County-owned or leased facility and vehicle. 030 states the county's intent to fully enforce the Act and to eventually operate a smoke-free campus around its buildings. 050(D) requires that any exterior ashtray sit at least 15 feet from a County facility, with a "no smoking beyond this point" sign posted at the ashtray. 050(I) makes that 15-foot buffer the hard rule for the property as a whole: smoking is prohibited within a minimum distance of 15 feet from entrances, exits, operable windows, and ventilation intakes at every County-owned or leased building, regardless of the building's layout.

Outside that buffer, the county designates specific Designated Smoking Areas for employee use, and those areas must be posted so employees know where they may smoke; a personal vehicle qualifies as a designated area so long as it is not parked within the restricted zone. 050(E) separately bans smoking inside any County-owned or leased vehicle or equipment outright, with no distance exception. Enforcement runs through Court Security, on-site security personnel, or County staff: a member of the public smoking in violation is first given a verbal request to stop, and continued refusal is handled as a violation of the Act itself. 050(H).

Violations & Fines

There is no fixed county-code fine listed in the Smoking Policy itself; violations by the public are handled first as a verbal warning from Court Security, security staff, or County personnel, and continued refusal is referred for action under the Smoke Free Illinois Act (Public Act 95-0017). Employees who keep smoking after a verbal warning are reported to their supervisor. Anyone may also file a complaint with the Illinois Department of Public Health or the McHenry County Health Department under Section 2.92.050(H).

Frequently Asked Questions

How close to a McHenry County building can someone smoke?
Not within 15 feet. Section 2.92.050(I) of the county's Smoking Policy prohibits smoking within a minimum distance of 15 feet from any entrance, exit, operable window, or ventilation intake at a County-owned or leased building. The county posts Designated Smoking Areas outside that buffer for employees to use.
Can I smoke in a county vehicle?
No. Section 2.92.050(E) prohibits smoking in all vehicles and equipment owned or leased by McHenry County without exception. A personal vehicle can count as a designated smoking area under Section 2.92.040, but only if it is parked outside the 15-foot buffer around a county building where smoking would otherwise be barred.
What happens if someone is caught smoking too close to a county building?
Court Security, on-site security, or County staff will first give a verbal request to stop, per Section 2.92.050(F). If the person ignores that request, the matter is handled as a violation of the Smoke Free Illinois Act, and anyone can also file a complaint with the Illinois Department of Public Health or the McHenry County Health Department.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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