Mount Prospect, IL Public Conduct: Outdoor Smoking Restrictions (2026)

The Village's Clean Air Regulations are Chapter 19, Article VI. Section 19.601 states that the article is in addition to the provisions of any State or Federal legislation. Section 19.603, titled Public Usage Property, is the rule for publicly used spaces: smoking on or in any train station, platform or bus shelter owned or used by any public transportation agency, or in any Municipal garage, is prohibited.

Section 19.602 defines smoking broadly. It means the inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other similar object, and the inhaling, exhaling, burning or carrying of any electronic cigarette or e-cigarette, alternative nicotine product or tobacco product as those terms are defined in chapter 11 of the code. Vaping is therefore covered by the same definition.

The article also regulates the patio side of the question. Section 19.602 defines a smoking shelter as any shelter where smoking is permitted by a business owner and that is not an "enclosed area" as defined by the Smoke Free Illinois Act. Section 19.604 sets the build rules. The shelter must be detached from any other building, no larger than one hundred fifty (150) square feet, and have at least one permanently clear opening not less than eighty inches (80") in height and sixty inches (60") in width. Walls must be clear, transparent material. It must have at least one, but no more than two (2), tobacco waste receptacles and at least one garbage receptacle, and the construction materials must be noncombustible as defined in section 703.4.1 of the International Building Code. Freestanding stools and chairs, tables and bar counters are prohibited, and the service or consumption of drinks or food inside is strictly prohibited.

Location rules are equally specific. The shelter must sit on the premises of a Mount Prospect licensed business, on an approved surface, and not less than fifteen feet (15') from any entrance, exit, open window or ventilation intake serving an enclosed area where smoking is prohibited. If the zoning setback cannot be met due to physical constraints, the shelter can be placed in a required side or rear yard no closer than ten feet (10') from any lot line. Installation and remodeling need a building permit, with fees set in Appendix A, Division II, and the property owner is responsible for maintenance.