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: 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: (80.20.30 B)
Employee Retaliation Prohibited: (none)
Restaurants and Bars: (none)
Building Entrances and Perimeters: (none)
Outdoor Places: (8.20.50)
FIRESTONE, CO ORDINANCE NO. 531
AN ORDINANCE CREATING A NEW CHAPTER 8.20 OF THE FIRESTONE MUNICIPAL CODE IMPOSING LIMITATIONS ON SMOKING IN PUBLIC PLACES WITHIN THE TOWN OF FIRESTONE.
WHEREAS, pursuant to C.R.S. ¤ 31-15-401(1)(b), the Town may do all acts and make all regulations which may be necessary for the promotion of health or the suppression of disease; and
WHEREAS, C.R.S. ¤ 25-14-105 authorizes the Town to adopt ordinances to regulate smoking within the municipality; and
WHEREAS, there exists substantial scientific evidence that exposure to second hand smoke in confined spaces has significant health effects and may cause cancer, heart disease and various other medical conditions; and
WHEREAS, exposure to second hand smoke in confined places is shown to cause eye, nose and respiratory irritation; and
WHEREAS, the Board of Trustees finds that the smoking of tobacco is a form of air pollution, a positive danger to health and a material annoyance, inconvenience, nuisance, discomfort and a health hazard to those who are present in confined spaces and poses a hazard to public health, safety and general welfare; and
WHEREAS, the Board of Trustees finds that it is in the best interest of the public health, safety and general welfare to impose limitations on smoking in public places within the Town as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO:
Section 1. Title 8 of the Firestone Municipal Code is amended by the addition of a new Chapter 8.20 to read as follows:
SMOKING IN PUBLIC PLACES PROHIBITED
Sec. 8.20.010 Intent; effective date. Sec. 8.20.020 Definitions. Sec. 8.20.030 Prohibitions. Sec. 8.20.040 Smoking prohibited in outdoor restaurants. Sec. 8.20.050 Smoking areas in restaurants. Sec. 8.20.060 Signs required to be posted. Sec. 8.20.070 Additional responsibilities of proprietors. Sec. 8.20.080 Enforcement.
Sec. 8.20.010. Intent; effective date. In order to protect the public health, safety, comfort and general welfare, and because tobacco smoke is a positive danger to health, it is the declared purpose of this chapter to prohibit smoking in areas which are used by or open to the public unless such areas are permissible smoking areas pursuant to this chapter. The provisions of this chapter are effective September 5, 2003.
Sec. 8.20.020. Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given in this section, except where the context clearly requires a different meaning:
Building means any structure enclosed for protection from the weather, whether or not windows or doors are open. If a person leases or possesses only a portion of a building, the term building applies to the leasehold or possessory interest in such portion as well.
Club means an establishment licensed as a club under the liquor laws of the State of Colorado.
Dwelling means any place used primarily for sleeping overnight and conducting activities of daily living, including without limitation a hotel or motel room or suite or hospice, but not the lobby of a hotel, motel or hospice, common elevator, common hallway or other common area.
Independently ventilated means that the ventilation system for the area in which smoking is permitted and the ventilation system for any nonsmoking area do not have a connection which allows the mixing of air into the smoking and nonsmoking areas.
Physically separated means that there are physical barriers such as walls and doors extending from floor to ceiling that prohibit smoke from entering a nonsmoking area. Restaurant means an establishment licensed as a hotel/restaurant under the liquor laws of the State of Colorado, or an establishment whose principal business is the retail sale of prepared food and beverages and has seating for on-premises consumption of food. Smoke or smoking means and includes, but is not limited to, the lighting of any cigarette, cigar or pipe or the possession of any lighted cigarette, cigar, or pipe, regardless of its composition.
Tavern means an establishment licensed as a tavern under the liquor laws of the State of Colorado.
Tobacco product means cigarettes, cigars, cheroots, stogies, periques and other products containing any measurable amount of tobacco, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, short, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco.
Tobacco store means a retail business open to the public which receives more than fifty percent (50%) of its gross revenue for such business location from the retail sale of cigarettes and tobacco products, or products related to the use of cigarettes and tobacco products.
Sec. 8.20.030. Prohibitions.
A. No person shall smoke within any building except in one of the following locations:
1. In any dwelling. This exception does not extend to a lobby, common elevator, common hallway or any other common area of a building containing attached dwelling units, hotel rooms or motel rooms, but if a hospital, hospice or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a nonsmoker without that person's consent;
2. In a room or hall being used by a person or group for a private social function that is not open to the public;
3. In any home based business;
4. In a tobacco store;
5. In a designated smoking area in a restaurant as provided in Section 8.20.050 of this Chapter; or
6. In a tavern or club.
B. Unless excepted under subsection A above, the prohibitions of this chapter apply to all buildings which serve as places of work, but this subsection B neither enlarges or diminishes the meaning of subsection A.
C. Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any place, including without limitation any motor vehicle, outdoor area or dwelling, from prohibiting smoking completely in such place, and no person shall fail to abide by such a private prohibition.
Sec. 8.20.040. Smoking prohibited in outdoor restaurants.
No person shall smoke within the exterior boundaries or fences of an outdoor eating area of a restaurant.
Sec. 8.20.050. Smoking areas in restaurants.
A. The owner, lessee, principal manager or person in control of a restaurant may designate one (1) smoking area of no more than fifty percent (50%) of the square footage of the floor area of the establishment which is open to the public so long as the smoking area meets all of the following criteria:
1. It is independently ventilated from the nonsmoking areas;
2. It is physically separated from the nonsmoking areas;
3. The area does not include any waiting area, lobby, hallway, elevator, restroom or area adjacent to a self-service food line or cash register, and such areas shall also be excluded from the calculation of the square footage of floor area under this subsection; and
4. Any food or drink service or amenity that the establishment chooses to provide to patrons, other than smoking, shall at all times be at least as available in the nonsmoking portion of the establishment as in the designated smoking area.
B. The Town building inspector shall verify that a restaurant meets the requirements of Sections A.1 and A.2.
C. No owner, lessee, principal manager or person in control of a restaurant which designates a smoking area shall fail to maintain it in accordance with the requirements of this chapter.
D. If patron seating at an establishment with a designated smoking area is directed by an employee, then no owner, lessee, principal manager or person in control of the establishment shall fail to ensure that such employee asks each patron for the patron's preference for seating in a no-smoking or a smoking area. If patron seating at an establishment is not directed by an employee, then no owner, lessee, principal manager or person in control of the establishment shall fail to post a conspicuous sign on all public entrances or in a position clearly visible on entry into the establishment advising patrons that such a no-smoking area is available and where it is located.
Sec. 8.20.060. Signs required to be posted.
To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, no owner, lessee, principal manager or person in control of a building or an outdoor restaurant shall fail to post signs with letters no less than one (1) inch high or symbols no less than three (3) inches high as follows:
(1) Where smoking is prohibited in the entire establishment and where all or part of the restaurant is outdoors, a sign using the words "No Smoking" or the international no-smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building.
(2) In a building where certain areas are designated as smoking areas pursuant to this chapter, a sign using the words "No Smoking Except in Designated Areas" shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building.
(3) In a building or establishment where smoking is permitted in the entire building or establishment, a sign using the words "Smoking Permitted" or the international smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building or establishment.
(4) If an ashtray or other receptacle for extinguished smoking materials is located in a building, except in an area where smoking is permitted, then a sign with the international no-smoking symbol and letters no less than one (1) inch high using the words "No Smoking" and three-quarters (3/4) inch high using the words "Extinguish Here" shall be posted within twelve (12) inches above each such ashtray or other receptacle.
(5) The requirements of this section do not apply to an exempt dwelling.
Sec. 8.20.070. Additional responsibilities of proprietor.
No owner, lessee, principal manager or person in control of a building or establishment or an outdoor restaurant shall fail to:
(1) Ask smokers to refrain from smoking in any no-smoking area;
(2) In a restaurant, if smoking is allowed, affirmatively direct smokers to designated smoking areas; and
(3) Use any other means which may be appropriate to further the intent of this Chapter.
Sec. 8.20.080. Enforcement.
A. The town administrator or the town administrator's designee shall be responsible for ensuring compliance with this chapter with regard to facilities which are owned, operated, or leased by the Town.
B. Any person convicted of violating any provision of this chapter shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300.00), for each offense. Such person may also be enjoined from any further or continued violation hereof. In determining the sentence to be imposed, the judge shall consider the frequency and duration of the violation, the size of the establishment, whether the violation was knowing or not, and other relevant factors. Imprisonment shall not be imposed as a penalty for any violation of this chapter. Each day any violation of this chapter shall continue shall constitute a separate offense.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 24th day of July , 2003.