1Douglas County 1992

 

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: (Section 1) County-owned buildings only.

Employee Retaliation Prohibited: (none)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (none)

 

DOUGLAS COUNTY

RESOLUTION NO. R-992-085 DC9240010

THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF DOUGLAS, COLORADO

A RESOLUTION PROHIBITING SMOKING IN ALL BUILDINGS OWNED,

LEASED, OR OPERATED BY DOUGLAS COUNTY.

 

WHEREAS, the 1986 Report of the Surgeon General of the United States entitled "The Health Consequences of Involuntary Smoking" states that cigarette smoking is the single largest preventable cause of premature death and disability in the United States; and

WHEREAS, that report states that smoking is causally related to a variety of cancers in addition to lung cancer; is a cause of cardiovascular disease; and is a major source of chronic obstructive lung disease; and

WHEREAS, that report states that excessive exposure to tobacco smoke can cause lung cancer in non-smokers; and

WHEREAS, diseases and illnesses induced by smoking claim approximately 400,000 lives a year, more than one in every six deaths in the United States; and

WHEREAS, the effects of smoking cost American society $65,000,000,000 a year in higher medical and disability costs and lost work time; and

WHEREAS, the buildings owned, leased, and operated by the County are often crowded and sometimes poorly ventilated; and

WHEREAS, there are no practical and effective means for protecting non-smokers from the inhalation of tobacco smoke where smoking is permitted in County buildings; and

WHEREAS, the elimination of smoking in County buildings is expected to reduce the incidents of disease and illness in County employees; and

WHEREAS, the elimination of smoking in County buildings is expected to reduce workers' compensation claims resulting from diseases and illnesses caused by smoking; and

WHEREAS, the elimination of smoking in County buildings is expected to reduce medical insurance claims resulting from diseases and illnesses caused by smoking; and

WHEREAS, the Board of County Commissioners is charged with the responsibility of protecting and promoting the health, safety, and welfare of County employees and other persons using County buildings; and

WHEREAS, the right of smokers to smoke ends where their behavior affects the health and well being of others; and

WHEREAS, 30-11-107 (l) (a), 12A C.R.S. (1986) empowers the Board of County Commissioners to make such orders concerning the property belonging to the County as it deems expedient; and

WHEREAS, 30-11-107 (1) (e), 12A C.R.S. (1986) empowers the Board of County Commissioners to care for County property and to manage the business and concerns of the County; and

WHEREAS, 18-9-117 (l), 8B C.R.S. (1986) empowers the Board of County Commissioners to adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection and maintenance of County buildings and property including: restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities; prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others; and necessary health and safety measures; and

WHEREAS, the Board has determined that the health, safety, and welfare of those persons working within and utilizing buildings owned, leased, or operated by Douglas County require that smoking be prohibited at all times within such buildings; now, therefore,

 

BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF DOUGLAS, STATE OF COLORADO, AS FOLLOWS:

 

Section 1. Smoking Prohibited. Smoking is prohibited at all times within all buildings, owned, leased, or operated by Douglas County.

 

Section 2. Notice. Notice of this prohibition shall be prominently posted at all public entrances to all such buildings. Said notice shall use the words "No Smoking" with letters no less than 1" high or the international no smoking symbol no less than 3" high.

 

Section 3. Definition. As used in this resolution, the word "smoking" shall mean the possession of a lighted cigarette, cigar, or pipe containing tobacco or other organic burning matter, regardless of its composition, or the lighting of such cigarette, cigar, or pipe by any person.

 

Section 4. Violations by County Employees. Any employee of Douglas County who violates this resolution shall be subject to disciplinary action in accordance with the provisions of Section 8 of the Douglas County Personnel Policies and Procedures.

 

Section 5. Criminal Penalties. Any violation of this resolution is a violation of 18-9-117, 8B C.R.S. (1986). Any violation of said statute is a class 3 misdemeanor punishable by a fine of not less than $50.00 nor more than $750.00, or by imprisonment of not more than six months, or by 4 both such fine and imprisonment.

 

Section 6. Severability. If any section, paragraph, subparagraph, phrase, sentence, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution.

 

Section 7. Effective Date. This resolution shall become effective on November 9, 1992.