Englewood 1985

 

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.

 

ENGLEWOOD

BY AUTHORITY

ORDINANCE NO. 59 COUNCIL BILL NO. 47 SERIES OF 1986 INTRODUCED BY COUNCIL

MEMBER VOBEJDA

AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 (AIR POLLUTION CODE), ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING A NEW SECTION 6-1-8 REGARDING SMOKING IN PUBLIC PLACES AND BY ADDING A NEW SECTION 6-1-9 RELATING TO TOXIC VAPORS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:

Section 1. That the Title 6, Chapter 1, Englewood Municipal Code 1985, is hereby amended by adding Section 6 thereto to read as follows:

 

6-1-8: SMOKING

 

A.         LEGISLATIVE INTENT. IN ORDER TO SERVE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, IT IS THE DECLARED PURPOSE OF THIS SECTION TO PROHIBIT SMOKING IN AREAS WHICH ARE USED BY OR OPEN TO THE PUBLIC UNLESS SUCH AREAS ARE DESIGNATED AS SMOKING AREAS PURSUANT TO THIS SECTION.

 

B.         DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED:

"PUBLIC MEETINGS" - INCLUDES ALL MEETINGS OPEN TO THE PUBLIC.

"PUBLIC PLACE" MEANS ANY ENCLOSED, INDOOR AREA OPEN TO AND FREQUENTED BY THE PUBLIC OR SERVING AS A PLACE OF WORK, INCLUDING BUT NOT LIMITED TO ARENAS, AUDITORIUMS, BANKS, CHILD CARE ESTABLISHMENTS, COMMERCIAL ESTABLISHMENTS, EDUCATIONAL FACILITIES, GROCERY STORES, HOSPITALS, LIBRARIES, MEETING ROOMS, NURSING HOMES, PUBLIC CONVEYANCES, RECREATIONS FACILITIES, RESTAURANTS, RETAIL STORES, AND THEATERS.

 

"SMOKING INSTRUMENT" MEANS ANY CIGAR, CIGARETTE, PIPE OR OTHER SMOKING EQUIPMENT.

C.        SMOKING PROHIBITED EXCEPT IN PERMITTED AREAS. NO PERSON SHALL SMOKE OR CARRY ANY LIGHTED SMOKING INSTRUMENT IN A PUBLIC PLACE OR AT A PUBLIC MEETING EXCEPT IN PERMITTED SMOKING AREAS

.

D.        PERMITTED SMOKING AREAS. SMOKING MAY BE PERMITTED IN THE FOLLOWING PUBLIC PLACES:

 

1.         ESTABLISHMENTS IN WHICH MALT, VINOUS AND/OR SPIRITUOUS LIQUORS ARE SOLD FOR CONSUMPTION ON THE PREMISES PURSUANT TO A LICENSE OTHER THAN A SPECIAL EVENTS PERMIT EXCEPT FOR THOSE AREAS WITHIN SUCH ESTABLISHMENTS WHICH ARE UTILIZED PRIMARILY FOR RESTAURANT PURPOSES.

 

2.         FULLY ENCLOSED OFFICES OR ROOMS OCCUPIED EXCLUSIVELY BY SMOKERS, EVEN THOUGH THE OFFICES OR ROOMS MAY BE VISITED BY NONSMOKERS.

 

3.         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.

 

4.         RETAIL BUSINESSES PRIMARILY ENGAGED IN THE SALE OF TOBACCO OR TOBACCO PRODUCTS.

 

5.         RESTAURANTS WITH A SEATING CAPACITY OF THIRTY (30) OR FEWER PERSONS.

 

6.         SMOKING AREAS DESIGNATED BY THE PROPRIETOR OR PERSON IN CHARGE OF A PUBLIC PLACE OR PUBLIC MEETING PURSUANT.

 

E.         DESIGNATION OF SMOKING AREAS. THE PROPRIETOR OR PERSON IN CHARGE MAY DESIGNATE NO MORE THAN FIFTY PERCENT (50%) OF A PUBLIC PLACE OR PUBLIC MEETING AS A SMOKING AREA EXCEPT AS FOLLOWS:

 

1.         IN PLACES OF WORK IN WHICH SMOKERS AND NONSMOKERS WORK IN THE SAME OFFICE OR ROOM, IT SHALL BE THE RESPONSIBILITY OF EMPLOYERS TO PROVIDE SMOKE-FREE WORK AREAS TO ACCOMMODATE EMPLOYEES WHO REQUEST THE SAME.

 

2.         IN NO EVENT SHALL LOBBIES, HALLWAYS OR OTHER COMMON AREAS TYPICALLY SHARED BY SMOKERS AND NONSMOKERS BE DESIGNATED AS SMOKING AREAS, EXCEPT THAT LOBBIES, HALLWAYS OR OTHER COMMON AREAS WHICH EXCEED FIVE THOUSAND SQUARE FEET (5,000 SQ. FT.) IN AREA MAY HAVE WITHIN THEM DESIGNATED

 

SMOKING AREAS PROVIDED THAT NO MORE THAN TWENTY-FIVE PERCENT (25%) 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 NONSMOKERS TO PASS THROUGH SUCH AREAS TO REACH OTHER NO-SMOKING AREAS.

 

3.         IN RESTAURANTS WITH A SEATING CAPACITY OF OVER THIRTY (30) PERSONS, THE PROPRIETOR OR PERSON IN CHARGE SHALL PROVIDE A NO-SMOKING AREA OF SUFFICIENT SIZE TO ACCOMMODATE PATRONS WHO REQUEST TO BE SEATED IN SUCH AN AREA. PATRONS MUST BE ADVISED ORALLY AND THROUGH SIGNS THAT NO-SMOKING AREAS ARE AVAILABLE.

 

4.         IN NO EVENT SHALL PUBLIC RESTROOMS BE DESIGNATED AS SMOKING AREAS.

 

F.         SIGNS. TO ADVISE PERSONS OF THE EXISTENCE OF "NO SMOKING" OR "SMOKING PERMITTED" AREAS, SIGNS SHALL BE POSTED AS FOLLOWS:

 

1.         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 EITHER ON ALL PUBLIC ENTRANCES OR IN A POSITION CLEARLY VISIBLE ON ENTRY INTO THE ESTABLISHMENT.

 

2.         IN PUBLIC 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 PUBLIC ENTRANCES OR IN A POSITION CLEARLY VISIBLE ON ENTRY INTO THE ESTABLISHMENT.

 

3.         IN PUBLIC PLACES WHERE SMOKING IS PERMITTED IN THE ENTIRE ESTABLISHMENT, A SIGN USING THE WORDS "SMOKING PERMITTED" AND/OR THE INTERNATIONAL SMOKING SYMBOL SHALL BE CONSPICUOUSLY POSTED EITHER ON ALL PUBLIC ENTRANCES OR IN A POSITION CLEARLY VISIBLE ON ENTRY INTO THE ESTABLISHMENT.

 

G.        AREAS WHERE SMOKING IS PROHIBITED. 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 OR REGULATIONS OF THE CITY OF ENGLEWOOD, OR OTHER APPLICABLE LAWS.

 

H.        RESPONSIBILITIES OF PROPRIETORS. THE PROPRIETOR OR PERSON IN CHARGE OF A PUBLIC PLACE OR PUBLIC MEETING SHALL MAKE REASONABLE EFFORTS TO OBTAIN COMPLIANCE WITH THIS CHAPTER IN SUCH PLACES BY:

1.         POSTING APPROPRIATE SIGNS WITH LETTERS NOT SMALLER THAN ONE INCH (1") IN HEIGHT.

 

2.         ARRANGING SEATING AND WORK AREAS TO PROVIDE A SMOKE•FREE AREA.

 

3.         ASKING SMOKERS TO REFRAIN FROM SMOKING UPON REQUEST OF A CLIENT OR AN EMPLOYEE SUFFERING DISCOMFORT FROM THE SMOKE.

 

4.         AFFIRMATIVELY DIRECTING SMOKERS TO DESIGNATED SMOKING AREAS.

 

5.         USING EXISTING PHYSICAL BARRIERS AND VENTILATION SYSTEMS TO MINIMIZE THE TOXIC EFFECT OF TRANSIENT SMOKE IN ADJACENT NO-SMOKING AREAS.

 

6.         ANY OTHER MEANS WHICH MAY BE APPROPRIATE.