GASP of Colorado (Group to Alleviate Smoking Pollution)
Ordinance Grade: 0
Some local laws have provisions that are stronger than the Colorado Clean Indoor Air Act and provide better protection from exposure to secondhand smoke at work and in public places. GASP of Colorado rates local laws compared to the state law on a scale of zero to five. The highest and best rating is a five (click here for an explanation of our rating system). Any stronger provisions in the state law take precedence over any weaker local provisions so the state law should be reviewed first through these links: smokefreecolorado.org or gaspforair.org.
This local law is generally weaker than the state law.
ARTICLE XI. SMOKING
Sec. 27-158. Legislative intent.
In order to serve the public health, safety and general welfare, it is the declared purpose of this article to prohibit smoking in areas which are used by or open to the public unless such areas are designated as smoking areas pursuant to this article. (Ord. No. 86-101, ¤ 1, 6-30-86)
Sec. 27-159. Definitions.
As used in this article, the following terms shall have the meanings indicated herein:
Public meetings includes all meetings open to the public.
Public place means any enclosed, indoor area open to and frequented by the public including, but not limited to, arenas, auditoriums, banks, child care establishments, commercial establishments, educational facilities, grocery stores, hospitals, meeting rooms, nursing homes, public conveyances, recreational facilities, restaurants, retail stores and theaters.
Smoking instrument means any cigar, cigarette, pipe or other smoking equipment. (Ord. No. 86-101, ¤ 2, 6-30-86; Ord. No. 88-64, ¤ 1, 6-28-88)
Sec. 27-160. Smoking prohibited except in permitted areas.
No person shall smoke or carry any lighted smoking instrument in a public place or at a public meeting except in permitted smoking areas. (Ord No. 86-101, ¤ 3, 6-30-86)
Sec. 27-161. Permitted smoking areas.
Smoking may be permitted in the following public places:
(a) Establishments in which malt, vinous and/or spirituous liquors are sold for consumption on the premises pursuant to a license other than a special events permit except for those areas within such establishments which are utilized primarily for restaurant purposes.
(b) Fully enclosed offices or rooms occupied exclusively by smokers, even though the offices or rooms may be visited by nonsmokers.
(c) Rooms or halls being used by a person or group for a social or business function where the seating arrangements are under the control of the sponsor of the function.
(d) Retail businesses primarily engaged in the sale of tobacco or tobacco products.
(e) Restaurants with a seating capacity of fifty (50) or fewer persons.
(f) Smoking areas designated by the proprietor or person in charge of a public place or public meeting pursuant to Section 27-162. (Ord. No. 86-101, ¤ 4, 6-30-86)
Sec. 27-162. Designation of smoking areas.
The proprietor or person in charge may designate no more than fifty (50) per cent of a public place or public meeting as a smoking area except as follows:
(a) In no event shall lobbies, hallways or other common areas constituting a public place and typically shared by smokers and nonsmokers be designated as smoking areas, except that lobbies, hallways or other common areas which exceed five thousand (5,000) square feet in area may have within them designated smoking areas; provided, that no more than twenty-five (25) per cent of the total area of such lobby, hallway or common area is so designated; and further providing, that such designated smoking areas are located such that it is not necessary for nonsmokers to pass through such areas to reach other no-smoking areas.
(b) In restaurants with a seating capacity of over fifty (50) persons, the proprietor or person in charge shall provide a no-smoking area of sufficient size to accommodate patrons who request to be seated in such an area. Patrons must be advised orally and through signs that no-smoking areas are available.
(c) In no event shall public restrooms be designated as smoking areas. (Ord. No. 86-101, ¤ 5, 6-30-86; Ord. No. 88-64, 6-28-88)
Sec. 27-163. Signs.
To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, signs shall be posted as follows:
(a) In public places where the proprietor or person in charge prohibits smoking in the entire establishment, a sign using the words "No Smoking" and/or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment.
(b) In public places where certain areas are designated as smoking areas pursuant to this chapter, the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment.
(c) In public places where smoking is permitted in the entire establishment, a sign using the words "Smoking Permitted" and/or the international smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment.
(Ord. No. 86-101, ¤ 6, 6-30-86)
Sec. 27-164. Areas where smoking is prohibited.
Smoking shall not be permitted and smoking areas shall not be designated in those areas where smoking is prohibited by the fire chief, state statute, ordinances or regulations of the City of Aurora or other applicable laws. (Ord. No. 86-101. ¤ 7, 6-30-86)
OFFENSES, MISCELLANEOUS PROVISIONS
Sec. 27-165. Responsibilities of proprietors.
The proprietor or person in charge of a public place or public meeting shall make reasonable efforts to obtain compliance with this chapter in such places by:
(a) Posting appropriate signs.
(b) Arranging seating and work areas to provide a smoke-free area.
(c) Asking smokers to refrain from smoking upon request of a client or an employee suffering discomfort from the smoke.
(d) Affirmatively directing smokers to designated, smoking areas.
(e) Using existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent no-smoking areas.
(f) Any other means which may be appropriate. (Ord. No. 86-101, ¤ 8, 6-20-86)
EFFECTIVE DATE: 3-23-98 RESOLUTION NO. R98-21
A RESOLUTION AMENDING SECTION 4-1(c) OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE CITY OF AURORA, COLORADO. RELATING TO SMOKING
WHEREAS, the City Council may approve by resolution revisions to the Personnel Policies and Procedures Manual; and
WHEREAS, the City Council has reviewed the attached revision to the Personnel Policies and Procedures Manual (Exhibit "A") relating to smoking.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AURORA, COLORADO:
That Section 4-1(c) of the Personnel Policies and Procedures Manual of the City of Aurora, Colorado, is hereby amended as provided in Exhibit "A" attached hereto and incorporated herein, and that all provisions in conflict with this resolution are expressly repealed. The modifications and revisions within this resolution shall be applicable to and govern employees of the City of Aurora, Colorado.
1. SMOKING SHALL BE PROHIBITED IN ALL OFFICES AND OTHER WORK AREAS, MEETING ROOMS AND PROGRAM AREAS OF ALL CITY BUILDINGS. SMOKING SHALL ONLY BE ALLOWED IN DESIGNATED SMOKING AREAS. THESE SMOKING AREAS MUST HAVE AN INDEPENDENT AIR HANDLING SYSTEM AND BE "COMPARTMENTALIZED" FROM THE REMAINDER OF THE BUILDING.
2. SMOKERS DESIRING TO SMOKE OUTSIDE OF A CITY BUILDING SHALL DO SO ONLY AT DESIGNATED, MARKED LOCATIONS.
3. SMOKING SHALL BE PROHIBITED IN ALL CITY VEHICLES. THIS PROHIBITION IS APPLICABLE TO ASSIGNED, POOL AND SHARED VEHICLES.
4. SMOKING SHALL BE ALLOWED ONLY IN THE RESTAURANT/BAR AREA OF GOLF COURSE CLUBHOUSES. SMOKING SHALL BE PROHIBITED IN ALL OTHER AREAS OF THE BUILDING.