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: (none)
Employee Retaliation Prohibited: (none)
Restaurants and Bars: (127-43) definitions of retail tobacco stores and smoking appear to prohibit smoking in cigar and hookah bars
Building Entrances and Perimeters: (none)
Outdoor Places: (127.43)
FRISCO Ordinance 04-04
AN ORDINANCE AMENDING CHAPTER 127 OF THE TOWN CODE, ENTITLED “OFFENSES,” BY ADDING NEW SECTIONS 127-41 THROUGH 127-50 TO PROHIBIT SMOKING IN PUBLIC PLACES IN THE TOWN OF FRISCO, COLORADO.
WHEREAS, it is recognized by the Colorado Legislature, the scientific and medical community, the Surgeon General of the United States, and the public generally, that exposure to ambient smoke by smokers and nonsmokers in enclosed environments constitutes not only an unpleasant irritant to nonsmokers, but a real and significant health risk to persons who choose not to smoke; and
WHEREAS, § 25-14-105 of the Colorado Revised Statutes grants municipalities the authority to adopt regulations controlling smoking within their jurisdictional territory and provides that such local regulations shall control to the extent of any inconsistency between them and the State’s smoking-control provisions contained in C.R.S. §§ 25-14-101 et seq.; and
WHEREAS, the Board of County Commissioners posed the following ballot question to the electors of Summit County, Colorado:
SHALL THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO ADOPT AN ORDINANCE PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES INCLUDING RESTAURANTS AND BARS IN THE UNINCORPORATED AREA OF SUMMIT COUNTY, COLORADO? ; and
WHEREAS, on November 4, 2003 the electors of Summit County voted in favor of the adoption of ordinances prohibiting smoking in enclosed public places, including restaurants and bars, in Summit County, Colorado by a margin of 3342 in favor and 1856 opposed; and
WHEREAS, in consideration of the results of the November 4, 2003 election, the recommendations of the Town’s staff, and the public input which the Town Council has received, the Frisco Town Council has determined that the best interests and the health, safety and welfare of the citizens of, workers of, and visitors to the Town of Frisco will be served by enacting regulations prohibiting smoking in public places, as defined herein, within the Town of Frisco, in order to provide nonsmoking members of the public with a reasonable opportunity to breathe smoke free air in public places in the Town of Frisco.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FRISCO THAT:
Section 1: Chapter 127 of the Code of Ordinances of the Town of Frisco, concerning “Offenses,” is hereby amended by the addition of a new subsections 127-41 through 127-50, to read as follows:
§ 127-41. Smoking prohibited in public places - policy.
It is the express policy of the Town Council of the Town of Frisco, Colorado that abstention from smoking shall occur in enclosed public places in the Town of Frisco, Colorado, as provided in this Chapter.
§ 127-42. Findings.
The Town Council does hereby find that:
A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and
B. Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, and decreased respiratory function, including bronchial-constriction and bronchial-spasm.
§ 127-43. Definitions.
The following words and phrases, whenever used in this Chapter, shall have the meanings set forth below:
ENCLOSED AREA means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
PRIVATE CLUB means any establishment without a liquor license that has a defined membership and restricts admission to members of the club and their guests, or any establishment that holds a “club” liquor license pursuant to C.R.S. § 12-47-416. A private club is considered a public place when functions are held at the club to which the public is invited or in which the public is permitted. A private club shall not include an establishment that is open to members of the general public upon payment of a nominal fee.
PUBLIC PLACE means any enclosed area to which the public is invited or permitted, except as otherwise provided herein. Additionally, “public places” shall include buses, taxicabs, gondolas and other means of public transit, as well as any partially or fully enclosed structure used by the public to wait for public transit service.
SMOKING means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form.
RETAIL TOBACCO STORE means any retail store:
i. That is utilized primarily for the sale of tobacco products and accessories;
ii. That is not licensed for the consumption of meals or alcoholic beverages on premises or operated in conjunction with another business that is licensed for the on premises consumption of meals or alcoholic beverages; and
iii. In which the sale of tobacco products and accessories accounts for not less than 66% of the store’s gross sales.
§ 127-44. Smoking prohibited in all public places. Except as expressly provided in section 127-45 of this Chapter, smoking is prohibited in all public places within the Town of Frisco, Colorado.
§ 127-45. Exceptions to smoking prohibition. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the prohibition against smoking set forth in section 127-44 above and from the violations set forth in section 127-48 below:
A. Private residences, except during such times when a private residence is in use as a licensed child care facility;
B All rooms or dwellings rented to guests for lodging purposes, including, but not limited to, hotel rooms, motel rooms, bedrooms in bed and breakfast establishments, condominiums and town homes;
C. Retail tobacco stores;
D. Private clubs, except when functions are held at the club to which the public is invited or to which the public is permitted; and
§ 127-46. Posting of signs. The owner, lessee, manager or other person in control of a public place shall post and maintain the following signs within and about such public place, as applicable, and shall do such other things as are required by this section:
A. “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it) shall be clearly and conspicuously posted at every public entrance to areas where smoking is prohibited by this ordinance.
B. All signs required by this section shall be a minimum size of 20 square inches and shall be placed at a height of between 4 to 6 feet above the floor.
C. Ashtrays shall be removed from all areas where smoking is prohibited by this Ordinance.
§ 127-47. Violations and penalties.
A. It shall be unlawful for any person who owns, leases, manages, operates or otherwise controls the use of any premises subject to regulation under this Chapter to allow smoking in a public place within such premises or to otherwise fail to comply with any of the provisions of this Chapter.
B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Chapter.
C. Any person who violates any provision of this Chapter concerning or related to smoking shall be punishable by:
i. A fine not exceeding one hundred dollars ($100) for a first violation.
ii. A fine not exceeding two hundred dollars ($200) for a second violation.
iii. A fine not exceeding five hundred dollars ($500) for each additional violation of this Ordinance.
§ 127-48. Inspection of books and records. The owner of each establishment operating as a retail tobacco store shall keep a complete set of books of account, invoices, copies of orders, shipping instructions, bills of lading, correspondence and all other records necessary to show fully the business transactions of such establishment, all of which records shall be made available during business hours to the Town Manager or his or her authorized representatives for use in determining whether the establishment constitutes a retail tobacco store as defined by this Chapter. The Town Manager may require the owner of any such establishment to furnish such additional information as he or she deems necessary to make such determination, and may require the owner of such establishment to cause an audit, at the owner’s expense, to be made of such books of account and records on such occasions as he or she deems necessary.
§ 127-49 Other applicable laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.