Canon City 1987

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.

 

 

CANON CITY SMOKING/NO SMOKING ORDINANCES

RE: PUBLIC BUILDINGS, PLACES OF PUBLIC ACCOMMODATION AND PLACES OF EMPLOYMENT

Chapter 8.12 of the Canon City Municipal Code regarding smoking regulations is available at the City Clerk's Office, 612 Royal Gorge Blvd. (269-9011). The following guidelines are offered as a general understanding of commonly asked questions. Consult your attorney for legal opinions.

A.      Smoking is permitted in the following places or areas unless otherwise posted by the proprietor or prohibited by applicable fire or safety codes or regulations:

Taverns (a tavern is an establishment licensed with a Tavern Liquor License. (This does not include establishments licensed with a Hotel-Restaurant Liquor License)); night clubs; tobacco shops and retail establishments which derive more than 50% of their gross revenue from the sale of tobacco products and related instruments and accessories; room or halls being used for social or business functions where the seating arrangements are controlled by the sponsor of the function; private homes, clubs and other places not generally open to the public; and areas designated as smoking areas in public buildings, places of public accommodation and places or employment of designated employers.

B.      "Designated Smoking Area" is the area of a building in which smoking is allowed.

C.     "Public Meetings" are meetings open to the public without special invitation and conducted by governmental entities or by civic organizations for public or civic purposes.

D.     A "Public Building" is a building owned, leased or controlled by any local, state or federal public entity. Regarding public buildings:

1.     No smoking is allowed in a public building, except in a designated smoking area. Such areas may not be a) common areas shared with nonsmokers (such as lobbies and hallways) which are less than 2,500 square feet in size and without adequate ventilation, b) located in elevators or restrooms nor c) any location where smoking is otherwise prohibited by applicable fire, building or safety codes.

2.     Smoking areas may be designated in employee offices in work places, lounges, conference rooms and cafeterias, provided such offices are not generally open to the public.

3.     If smoking is prohibited in an entire public building, a sign saying "No Smoking" or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible upon entry into the establishment.

4.     If certain areas are designated as smoking areas, the statement "No Smoking Except in Designated Areas" shall be posted in the same manner.

 

E. A "Place of Public Accommodation" is a building open to the use of the public without special invitation, including but not limited to the public areas of schools, institutions of higher education, churches, restaurants, retail stores, theaters, elevators, public conveyances, recreational facilities, hospitals, nursing homes, auditoriums, ice arenas, roller rinks, grocery stores, showrooms and jails. Regarding places of public accommodation:

1.     Smoking may be prohibited in any entire place.

2.     A smoking area may not be designated in retail stores, grocery stores, public conveyances, theaters, auditoriums, restrooms, elevators, libraries, museums or galleries and where prohibited by applicable fire, building or safety codes or regulations; but smoking in a specifically designated smoking area is allowed in any other place of public accommodation. If a smoking area is designated, a no smoking area of sufficient size must be provided to accommodate patrons who request to be seated or served in a no smoking area.

3.     Whenever possible a designated smoking area must be located in connection with existing physical barriers and ventilation systems. If a place of public accommodation consists of a single room, the owner or proprietor may establish one side of the room as a no smoking area.

4.     Regarding restaurants (a specific place of public accommodation): A restaurant with a seating capacity of over 50 persons must provide a smoking area for patrons who request to smoke. If a waiting area is provided, the waiting area may not be designated a smoking area. Patrons shall be advised orally or by signs that smoking areas are available.

5.     In restaurants with a seating capacity of 50 or less the owner may prohibit smoking in the entire place, or may designate smoking areas as desired.

6.     If smoking is prohibited in the entire establishment, a sign saying "No Smoking" or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible upon entry the establishment.

7.     If certain areas are designated as smoking areas, the statement "No Smoking Except in Designated Areas" shall be posted in the same manner.

8.     If smoking is permitted in the entire place of public accommodation a sign saying "Smoking Permitted" or the international symbol shall be posted in the same manner.

 

F. A "Designated Employer" is an employer who has prohibited smoking in his place of employment, or who has received a petition in writing signed by more than 50% of his current employees requesting that smoking be prohibited in the place of employment.

1. A designated employer shall designate within the place of employment the areas where smoking is prohibited. He shall designate smoking areas as he determines appropriate. He must make reasonable efforts to provide a smoke free area for all employees who request it and to separate smoking and non-smoking areas so as to reduce smoke migration into non-smoking areas, consistent with the employer's needs, requirements and the physical limitations of the place of employment. An employer who in good faith establishes and pursues a policy regarding smoking and no smoking areas in his place of employment shall have complied with these requirements. An employer may prohibit smoking in his entire place of employment.

G. Penalties:

1.     For any individual who violates the City's smoking regulations - a fine of not more than $100.00.

2.     For any owner or operator of a place of public accommodation who fails to comply with City ordinances - a fine of not more than $300.00.

 

Chapter 8.12

SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

Sections:

8.12.010 Definitions.

8.12.020 Areas where smoking is permitted.

8.12.030 Smoking prohibited where-Penalties.

8.12.040 Public buildings-Designated smoking areas.

8.12.050 Places of public

accommodation-Designated smoking areas.

 

8.12.060 Places of employment-Smoking restrictions.

8.12.070 Sign posting requirements.

8.12.080 Violation-Penalty.

8.12.010 Definitions.

 As used herein, the following terms shall be defined as follows:

 A. "Designated employer" means any employer who has elected to prohibit smoking in his place or places of employment, and any other employer who has received a petition in writing signed by more than fifty percent of his current employees requesting that smoking be prohibited in the place or places of employment.

 B. "Designated smoking area" means an area of any public building, place of public accommodation or place of employment of a designated employer which the public or private owner, lessee or employer has designated as an area in which smoking is allowed.

 C. "Places of public accommodation" means all buildings generally open to the use of the public without special invitation, including but not limited to the public areas of schools, institutions of higher education, churches, restaurants, retail stores, theaters, elevators, public conveyances, recreational facilities, hospitals, nursing homes, auditoriums, ice arenas, roller rinks, grocery stores, showrooms and jails.

 D. "Public building" means any building or enclosed structure providing shelter which is owned, leased or controlled by any local, state or federal public entity. Any place of public accommodation which is operated by or for a public entity within a public building shall be subject to the requirements of this chapter applicable to public buildings rather than the requirements applicable to places of public accommodation.

 E. "Public meetings" means all meetings open to the public without special invitation, and conducted by governmental entities or by civic organizations for public or civic purposes.

 F. "Smoking" and “smoke" means the act of smoking tobacco or possessing tobacco which is currently undergoing combustion.

 G. "Smoking instrument" means any cigar, cigarette, pipe or other smoking device containing tobacco.

 H. "Tobacco" means any part or portion of any plant belonging to the genus Nicotiana, including but not limited to Nitobacum, and including all processed forms of such plant and products derived therefrom.

 I. "Tavern" means an establishment licensed to sell malt, spirituous or vinous liquors or fermented malt beverages for consumption on the premises under the laws of the state, except the term shall not include those establishments selling such liquors or beverages under a "hotel and restaurant license" or merely ancillary to a restaurant business. (Prior code § 8.50.010)

8.12.020 Areas where smoking is permitted.

 Unless otherwise posted by the owner or proprietor or unless otherwise prohibited by other applicable fire or safety codes or regulations, smoking shall be permitted in the following places or areas.

 A. Taverns and nightclubs;

 B. Tobacco shops and retail establishments which derive more than fifty percent of their gross revenue from the sale of tobacco products, smoking instruments and accessories related thereto;

 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. Private homes, clubs or other places not generally open to the public; and

 E. Areas designated pursuant to this chapter as smoking areas in public buildings, places of public accommodation and places of employment of designated employers. (Prior code § 8.50.060)

8.12.030 Smoking prohibited where-­Penalties.

 A. No person shall, except in a designated smoking area, smoke or carry a lighted smoking instrument in any public building or place of public accommodation or at any public meeting.

 B. Any person who smokes or possesses a lighted smoking instrument within any area where prohibited or posted as a no-smoking area pursuant to or under the authority of this chapter, commits a municipal violation and upon conviction thereof shall be punished by a fine of not more than one hundred dollars. (Prior code § 8.50.020)

8.12.040 Public buildings--Designated smoking areas.

 A. A public entity may designate areas in public buildings where smoking is permitted. Such areas shall not be designated in common areas shared with nonsmokers, such as lobbies and hallways, unless such common areas exceed two thousand five hundred square feet and ventilation is adequate. In such event, the designated smoking area of a lobby, hallway or other common area shall not exceed twenty-five percent of the total area of such lobby, hallway or other common area. In no event shall a designated smoking area be located in elevators or restrooms, nor any location where smoking is otherwise prohibited by applicable fire, building or safety codes or regulations.

 B. A public entity may also designate as smoking areas employee offices in workplaces, lounges, conference rooms and cafeterias in a public building which are occupied by employees, provided such offices are not generally open to the public. (Prior code § 8.50.030)

8.12.050 Places of public accommodation-­Designated smoking areas.

 All public buildings and places of public accommodation are declared to be nonsmoking areas unless the owner, proprietor or person in charge designates a smoking area.

 A. Smoking areas may be designated in places of public accommodation, except in retail stores, grocery stores, public conveyances, theaters, auditoriums, restrooms, elevators, libraries, museums or galleries and where pro­hibited by applicable fire, building or safety codes or regulations. The owner or proprietor of all places of public accommodation in which smoking areas may be designated shall nevertheless provide a no-smoking area of sufficient size to accommodate patrons who request to be seated or served in a no-smoking area.

 B. Whenever possible, designated smoking areas shall be located in connection with existing physical barriers and ventilation systems so as to minimize migration of smoke into no-smoking areas. In the case of places of public accommodation which consist of a single room, an owner or proprietor shall be considered to be in compliance with this section if one side of the room is established as a no-smoking area.

 C. In restaurants with a seating capacity for over fifty persons, the owner, proprietor or person in charge shall provide a smoking area of sufficient size to accommodate, without unreasonable delay, patrons who request to be seated in such an area. If a waiting area is provided, such area may not be designated a smoking area. Patrons shall be advised orally or by signs that smoking areas are available. In restaurants with a seating capacity for fifty or less, the owner, proprietor or person in charge may designate smoking areas as desired.

 D. Notwithstanding anything in this chapter, an owner or proprietor may prohibit smoking in the entire place of public accommodation. (Ord. 26-1987 §§ 1, 2; prior code § 8.50.040)

8.12.060 Places of employment--Smoking restrictions.

 A. An employer who has become a designated employer by virtue of having received a petition signed by more than fifty percent of his full time employees requesting a nonsmoking area shall designate within the place of employment the areas where smoking is prohibited and such designated smoking areas as the employer determines are appropriate. In making such area designations, designated employers shall make reasonable efforts to provide a smoke-free area for all employees who request same, and shall make reasonable efforts to separate smoking and nonsmoking areas so as to reduce smoke migration into nonsmoking areas, consistent with the employer's needs, requirements, and the physical limitations of the place of employment. An employer who in good faith develops and promulgates a policy regarding smoking and no-smoking areas in the place of employment shall be deemed to be in compliance with this section.

 B. Notwithstanding anything in this chapter, an employer may elect to prohibit smoking in the entire place of employment. (Prior code § 8.50.050)

8.12.070 Sign posting requirements.

 Signs advising of areas where smoking is prohibited and of areas where it is permitted or designated smoking areas exist shall be posted as follows:

 A. In public buildings and places of public accommodation where the owner, 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 buildings and places of public accommodation 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 places of public accommodation where smoking is permitted in the entire establishment, a sign using the words "Smoking Permitted" and/or the international symbol shall be conspic­uously posted either on all public entrances or in a position clearly visible on entry into the establishment. (Prior code § 8.50.070)

 

8.12.080 Violation--Penalty.

 The owner or operator of a place of public accommodation shall, upon failure to comply with this chapter, be guilty of a misdemeanor and, upon conviction for such violation, shall be fined in an amount not to exceed three hundred dollars. (Ord. 26-1987 § 3: prior code § 8.50.080)