Colorado Springs 1987

 

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: (10-8-109)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (none)

 

COLORADO SPRINGS Ordinance No. 87-42

AN INITIATED ORDINANCE REGULATING SMOKING IN THE WORKPLACE BY AMENDING ORDINANCE NO. 85-119

 

WHEREAS, both the Environmental Protection Agency and the Surgeon General have stated that there is solid scientific information which links the adverse effects of passive smoking on the non-smoker; and

 

WHEREAS, it is in the interest of the public health, safety and welfare that smoking be limited in the City of Colorado Springs to areas where the owner, proprietor, or person in charge permits smoking as opposed to assuming all indoor areas are smoking areas unless otherwise designated by the owner, proprietor or person in charge; and

 

WHEREAS, in accordance with Section 112(e) or the Charter of the City of Colorado Springs, City Council hereby submits and refers to the vote of the electors of the City at the General Municipal Election to be held on Tuesday, the 7th day of April, 1987, the following proposed amendment to the Code of the City of Colorado Springs.

Section 1. An amendment to Chapter 10 (Public Health and Sanitation) of the Code of the City of Colorado Springs 1980, as amended.

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF COLORADO SPRINGS:

That Chapter 10 (Public Health and Sanitation) of the Code of the City of Colorado Springs 1980, as amended by Ordinance No. 85-119, is hereby further amended to include changes to Article 8 to read as follows: "ARTICLE 8 NO SMOKING IN PUBLIC PLACES OR WORK PLACES EXCEPT IN THOSE AREAS DESIGNATED FOR SMOKING

 

10-8-101: LEGISLATIVE INTENT: Because the smoking of tobacco or any other weed or plant is a danger to health and is a cause of material annoyance and discomfort to those who are present in confined areas, City Council hereby finds, determines and declares it is necessary and conducive to the protection of the public health, safety, welfare, and economic well-being to prohibit smoking in all public places and work places unless such areas are designated as smoking areas pursuant to this Article.

 

10-8-102: DEFINITIONS:

PUBLIC PLACE: Any enclosed, indoor areas used by the general public including, but not limited to, restaurants, retail stores, other commercial establishments, governmental offices, waiting rooms of health care professionals, public conveyances, airports, bus stations, educational facilities, hospitals, nursing homes, child care centers, auditoriums, arenas, assembly and meeting rooms, and restrooms, but the term does not include enclosed offices occupied exclusively by smokers, even though such offices may be visited by non-smokers.

SMOKING: Smoking means the carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind.

TOBACCO STORE: A retail business in which at least fifty percent of its gross receipts are from the sale of tobacco, tobacco products, or products related to the use of tobacco or tobacco products.

WORK PLACE: An enclosed area in which three or more persons are employed.

 

10-8-103: SMOKING PROHIBITED: No person shall smoke, light, or carry any lighted smoking instrument in a public place or work place except in permitted smoking areas.

 

10-8-104: SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES AND WORK PLACES:

A. Except as otherwise provided in this Article, smoking is prohibited in the following indoor public places and work places:

Elevators, museums, galleries, libraries, common area, hallways, meeting rooms, and restrooms.

All hospitals except in areas designated for smoking.

All buildings owned or operated by the City of Colorado Springs except in areas designated for smoking.

All buildings in the City of Colorado Springs which are open to the public, including, but not limited to, retail stores, grocery stores and mercantile stores, except in areas designated for smoking.

 

10-8-105: DESIGNATION OF SMOKING AREAS: All public places and work places, except tobacco stores are hereby declared to be non-smoking areas unless the owner, proprietor, or person in charge designates a smoking area.

A. In restaurants with a seating capacity for over fifty (50) persons, the owner, proprietor, or person in charge may provide a smoking area of sufficient size to accommodate without unreasonable delay patrons who request to be seated in such an area. The delay shall be deemed reasonable if it is equal for smokers and non-smokers. If a waiting area is provided, such an 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.

B. In no event shall lobbies, hallways or other common areas typically shared by smokers and non-smokers be designated as smoking areas, except lobbies, hallways or other common areas which exceed five thousand square feet in area may have within them designated smoking areas provided that no more than twenty-five percent 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 non-smokers to pass through such areas to reach other non-smoking areas.

C. In places of work in which smokers and non-smokers work in the same office or room, employers shall designate smoke-free areas to accommodate employees who request the same.

D. Employers may designate not more than fifty percent of the available floor space in employee lounges, cafeterias and break areas as smoking areas.

 

10-8-106: SIGNS: To advise persons of the existence of no smoking in public places and work places, and the availability of smoking designated areas, if any, signs shall be posted as follows:

A. In places where the owner, proprietor, or person in charge prohibits smoking in the entire place, a sign using the words "no smoking" or the international no smoking symbol, or both, shall be conspicuously posted either on all entrances or in a position clearly visible on entry into the public place or work place.

B. In public places or work 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 entrances or in a position clearly visible on entering into the public place or work place.

 

10-8-107: PROHIBITED SMOKING AREA: 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, Fire Code Regulations, or other regulations of the City of Colorado Springs.

 

10-8-108: ENFORCEMENT: In accord with the City's contract for health services as set out in Section 10-1-103 of the City Code 1980, as amended, the Medical Director of the Department of Health of El Paso County or his designated representative, shall work with owners, proprietors, and persons in charge of public places, employers and employees in work places; and all citizens of the City of Colorado Springs to achieve compliance with this ordinance. The Medical Director of the Department of Health of El Paso County, or his designated representative, shall have the authority to call upon the City Attorney or his designated representative to maintain an action to enforce the provisions of this ordinance.

In any event, it shall be unlawful for any person to knowingly smoke in a public place or work place except in a designated smoking area.

 

10-8-109:NONDISCRIMINATION: No person or employer shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this Article."

 

Section 2. This amendment to Ordinance No. 85-119 shall be considered adopted upon the certification of the election results, if a majority of the registered electors voting, vote in its favor, and it shall become effective immediately upon publication as provided by the Charter. Failure of the electors of the City of Colorado Springs to adopt this amendment shall not affect the validity of Ordinance No. 85

119. ENACTED this 7th day of April , 1987.

R.E. Parker City Clerk