Commerce City 1994 & 2011


GASP of Colorado (Group to Alleviate Smoking Pollution)


Ordinance Grade: 2


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: or


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


Work Places: (3.0)  City-owned facilities only.

Employee Retaliation Prohibited: (none)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (7-1014)





WHEREAS, studies by the Surgeon General of the United States, The National Academy

of Sciences and other health organizations have linked passive exposure to tobacco

smoke to a variety of negative health conditions of non-smokers; and

WHEREAS, the insurance carrier for the City or Commerce City (CIRSA) has issued a report

recognizing the danger of passive exposure to tobacco smoke and emphasizing an

organization’s responsibility to create an environment free from such exposure; and

WHEREAS, CIRSA advises of potential liability to the City resulting from an employee’s

passive exposure to tobacco smoke in the work place; and

WHEREAS, the City Council of Commerce City is committed to creating and sustaining a clean

and safe environment for all City employees and visitors; and

WHEREAS, the City Council of Commerce City seeks to create a smoke-free environment in

all City owned and/or operated facilities by establishing a policy that prohibits smoking in all

City owned and/or operated facilities.


COMMERCE CITY that the City Council of this City does hereby establish a policy prohibiting

smoking within City facilities in the interest of providing a safe environment for City officers, ,

customers and the public in general as follows:


1.0 Scope:

1.1 This policy sha11 apply to all persons visiting and/or using any of the City facilities

including motor vehicles, that are substantially enclosed.


2.0 Definitions:

2.1 “Smoking” is defined as possessing any lighted tobacco product including cigars, cigarettes

and pipes.

2.2 “City Facilities" is defined as a substantially enclosed structure, motor vehicle or building.

2.3 “Primary Entrance" is defined as an access point of a structure or building that is publicly

used as a main point of ingress or egress. Primary entrances to City buildings in Commerce

City include:

(a) The West entrance of the Municipal Building (City Hall)

(b) The South entrance of the Municipal Building (City Hall) (c) The South entrance to the Public Works facility

(d) All public entrances to the Parks add Recreational facility


3.0 Prohibitions and Regulations:

3.1 Smoking is prohibited in all City facilities, including motor vehicles.

3.2 City employees and volunteers shall not take smoking breaks near a primary entrance

to a City structure or building.

3.3 It will be the responsibility of all City personnel to ensure compliance with this policy by

asking those who smoke in non-designated areas to refrain from doing so.

3.4 When any person, other than on-duty employee, violates the policy and refuses to

comply when requested to do so, the Commerce City Police Department may be

contacted for assistance.

3.5 The Commerce City Police Department shall have authority to enforce this policy

pursuant to its enforcement powers, including the authority to remove from the City

facilities any person, other than an on-duty employee, who violates this policy.

3.6 On-duty employees found smoking in any City facility, in any City motor vehicle, or

primary entrance to a City structure or building may be subject to adverse personnel

action in the same manner and magnitude as violation of other City policies and rules.

3.7 The ability of employees to leave the work site to smoke shall be handled in

accordance with the policy of each City department concerning rest periods for the

employees of that department.

3.8 This policy shall become effective April 1, 1994.


Sec. 7-1014. - Smoking prohibited (2011)

(a) General prohibition. Except as provided in paragraph (b), it is unlawful for any person to smoke in or on park property.

(b) Exempt areas. The following areas shall be exempt from the prohibition contained in paragraph (a) of this section unless specifically posted otherwise at the site:

(1)The Buffalo Run Golf Course; and

(2) Any areas of park property that are designed and intended for the parking of automobiles.