Carbondale 1991

 

GASP of Colorado (Group to Alleviate Smoking Pollution)

 

Ordinance Grade: 1

                                                                          

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 provides more protection from secondhand smoke than the state law in the following area(s):

 

Work Places: (none)

Employee Retaliation Prohibited: (none)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (skate parks according to city web site)

 

CARBONDALE Chapter 7.08

SMOKING IN PUBLIC PLACES

Sections:

 

7.08.010 Intent--minimum standards.

7.08.020 Definitions.

7.08.030 Smoking prohibited in certain public places.

7.08.040 Regulation of smoking in places of employment.

7.08.050 Posting of signs required.

7.08.060 Responsibilities of proprietors.

7.08.070 Structural modification not required.

7.08.080 Exceptions.

7.08.090 Enforcement--Violation.

7.08.100 Nonretaliation.

7.08.010 Intent--Minimum standards. The board of trustees intends that the restrictions and limitations set forth in this chapter be viewed as minimum standards and would not be construed as limiting, in any way, the authority of persons or entities in control of public places from prohibiting smoking within their establishments altogether. (Ord. 4-1987 §1).

7.08.020 Definitions. For purposes of this chapter the words and phrases set out in this section mean as follows:

A. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.

B. "Business" means any sole proprietorship, partnership, joint venture, corporation, or other business entity, including for example, retail establishments where goods are sold, as well as professional corporations and other entities under which legal, medical, dental, engineering, architectural, or other professional services are delivered.

C. "Child care establishments" means any facility or business, including home-based, which is maintained for the whole or part of a day for the care of children under the age of sixteen not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes.

D. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

E. "Employer" means any person who employs the services of an individual person.

F. "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.

G. "Grocery store" means a business in which the majority of the indoor area open to the public is devoted to the sale of food and beverages to be consumed outside the building rather than in seating facilities inside the building.

H. "Motion picture theater" and "auditorium" means any theater or auditorium engaged in the business of exhibiting motion pictures or presenting theatrical performances, lectures or similar entertainment.

I. "Public meeting" includes all meetings open to the public.

J. "Public place" means any enclosed area to which the public is invited in any business including any enclosed area owned or leased by any government entity.

K. "Service line" means any indoor line in which one or more persons is waiting for, purchasing or receiving goods or services.

L. "Smoke-free area" means an area free of environmental tobacco smoke.

M. "Smoking” means the combustion of any cigar, cigarette, pipe, or similar article, using any form of tobacco or other combustible substance in any form.

N. "Tobacco store" means a business devoted primarily to the sale of tobacco and tobacco related products and accessories and in which the sale of other products is only incidental.

O. "Work area" or "work place" means any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer. (Ord. 4°©1991 §1; Ord. 4-1987 §2).

7.08.030 Smoking prohibited in certain public places. No person shall smoke or carry any lighted smoking instrument into any of the following places whether operated for profit or not:

A. In any restroom while such restroom is available for public use;

B. In any motion picture theater and auditorium which is open to the public whether or not payment is required for admission for any purpose except in areas not open to the public;

C. In any place where smoking is prohibited by the fire marshal;

D. In any public place inside a grocery store;

E. In any health care facility, including but not limited to: hospitals, clinics, physical therapy facilities, medical and dental offices;

F. In any area of a publicly owned building except as otherwise provided by this section and which is properly posted;

G. Except as provided in this section, in any area of a business frequented by the public which has been designated "non-smoking” by the owner or person in charge of such establishment and clearly marked with one or more signs;

H. In indoor public areas of aquariums, galleries, zoos, libraries and museums when open to the public;

I. In elevators, elevator lobbies, stairwells and escalators;

J. Indoor public walkways, hallways and lobbies;

K. In any child care establishment (including home-based);

L. In any public polling place. (Ord. 4-1991 §2; Ord. 4-1987 §3).

7.08.040 Regulation of smoking in places of employment. The following regulations apply to places of employment at a minimum, except for bars and tobacco stores:

A. It shall be the responsibility of employers to provide smoke-free work areas for nonsmoking employees.

B. Each employer having an indoor place of employment shall implement, make known, and enforce a written smoking policy which shall contain at a minimum the following requirements:

1.     Any employee shall have the right to work in a nonsmoking area. If the nonsmoking area does not sufficiently protect the employee from environmental tobacco smoke, the employer shall make additional accommodation by expanding the size of the nonsmoking work area or implementing other measures designed to eliminate the effects of smoke on the employee. In restaurants, employers shall make a reasonable effort to accommodate an employee’s desire to work in the nonsmoking section of the restaurant;

2.     Smoking shall be prohibited in enclosed areas in which two or more employees work, unless every person who works in that area agrees to allow smoking;

3.     Smoking shall be prohibited in auditoriums, classrooms, conference and meeting rooms, elevators, elevator lobbies, stairwells, escalators, hallways, medical facilities and restrooms;

4.     Smoking shall be prohibited in cafeterias, lunchrooms and employee lounges unless separate facilities are available to nonsmokers. Such nonsmoking areas shall consist of seventy-five percent of the total cafeteria, lunchroom, or employee lounge space;

5.     In any dispute arising under the smoking policy, the health, welfare, and safety concerns of the nonsmoker shall take precedence;

6.     Employers shall designate a person, persons or a committee to receive complaints or grievances about the smoking policy and shall respond within ten working days. (Ord. 4-1991 §3: Ord. 4°©1987 §4).

 

7.08.050 Posting of signs required. To advise persons of the existence of "no smoking" or "smoking permitted" areas, signs with letters no less than one-half inch high or symbols no less than two inches high, 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 no less than four feet and no more than six feet from the bottom of the doorway. Additionally, no portion of the sign shall be more than twenty-four inches away from the outside edge of the doorway. All signs must be easily read from the outside of all public entrances.

B. In public places where certain areas are designated as smoking areas, the statement "Smoking Permitted in Designated Areas Only" shall be conspicuously posted on or adjacent to all public entrances no less than four feet and no more than six feet from the bottom of the doorway. Additionally, no portion of the sign shall be more than twenty-four inches away from the outside edge of the doorway. All signs must be easily read from the outside of all public entrances.

C. In public places 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 or adjacent to all public entrances no less than four feet and no more than six feet from the bottom of the doorway. Additionally, no portion of the sign shall be more than twenty-four inches away from the outside edge of the doorway. All signs must be easily read from the outside of all public entrances. (Ord. 6-1987 §1: Ord. 4-1987 §5).

7.08.060 Responsibilities of proprietors. The proprietor or person in charge of a public place shall make reasonable efforts to obtain compliance with this chapter by:

A. Posting signs as required by this chapter;

B. Asking smokers to refrain from smoking if they are doing so in violation of any provision of this chapter;

C. Affirmatively directing smokers to designated smoking areas if there are any;

D. Using existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent no-smoking areas;

E. Any other means which may be appropriate. (Ord. 4-1987 §6).

7.08.070 Structural modification not required. Nothing in this chapter shall require the owner, operator or manager of any existing business to incur any expense to make structural or other physical modifications, except the posting of signs required by this chapter. (Ord. 4-1987 §7).

7.08.080 Exceptions. "No Smoking" areas are not required in private areas, hotel, motel and lodge rooms rented to guests and rooms while in use for private social functions, the facilities of a private or members-only organization, private hospital rooms, private nursing home rooms, or stores that deal exclusively in tobacco products and accessories. (Ord. 4-1987 §8).

7.08.090 Enforcement--Violation. A. The town manager shall be responsible for compliance with this chapter when facilitates owned by the town are involved.

B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted, all "no smoking" or other signs required by this chapter. Owners, operators, managers or employees of the same shall be required to orally inform persons violating this chapter of the provisions of this chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee of same becomes aware of such violation.

C. The town manager, the fire marshal, or his designee shall enforce provisions of this chapter by either or both of the following actions:

1. Serves notice requiring correction of any violation of this chapter;

2. If the violation is not corrected within fifteen days of serving notice, the town may commence action in the municipal court or any other court of law having competent jurisdiction. (Ord. 4°©1987 §9).

 

7.08.100 Nonretaliation. It shall be unlawful for an employer to retaliate against or discharge any employee for requesting a nonsmoking work area, or for filing a complaint or otherwise reporting a violation of this chapter. (Ord. 4-1991 §4).