Glenwood Springs 1988

 

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.

 

 GLENWOOD SPRINGS

       ORDINANCE NO. 30 Series of 1988 AN ORDINANCE OF THE CITY OF GLENWOOD SPRINGS, COLORADO, REGULATING SMOKING IN PUBLIC PLACES, TO BE EFFECTIVE UPON APPROVAL OF THE VOTERS AT A SPECIAL REFERENDUM ELECTION. WHEREAS, the toxic effect of second-hand smoke has been recognized by the medical community and the Surgeon General of the United States; and WHEREAS, beyond the health risks associated with second-hand smoke, said smoke constitutes an irritant and annoyance to any and all persons desiring to avoid the inhalation of such smoke; and WHEREAS, the negative effects of toxic second-hand smoke are especially serious in enclosed public spaces where it may be impossible or impractical to avoid breathing such smoke; and WHEREAS, the City is authorized generally to legislate on behalf of the public health, safety and general welfare and adopts this ordinance in furtherance of these ends.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENWOOD SPRINGS, COLORADO, ORDAINS: Section 1.

That Title 100 of the Glenwood Springs Municipal Code be amended by adding thereto a new Article 040 as follows: ARTICLE 100.040 SMOKING IN PUBLIC PLACES

100.040.010 Intent. It is the intent of this Article to protect the public health, safety and welfare by prohibiting smoking in indoor areas which are used by or open to the public and in indoor areas where persons are likely to gather in close proximity to one another unless such areas are designated as smoking areas pursuant to this Article.

100.040.020 Definitions. As used in this Article, the following words and phrases are defined as follows:

A.         "Common area" means a lobby, waiting area, hallway, elevator, restroom, or other enclosed, indoor area where persons are likely to gather in close proximity to one another.

B.         "Public place" means any enclosed, indoor area frequented by the public or serving as a place of work, including, but not limited to, restaurants, stores, other commercial establishments, theaters, banks, educational facilities, recreational facilities, hospitals, nursing homes, health care institutions, libraries, auditoriums, arenas, meeting rooms, grocery stores and public conveyances.

C.        "Smoke" or "smoking" means the lighting of any cigarette, cigar or pipe, or the possession of any lighted cigarette, cigar or pipe, regardless of the composition of the burning materials.

100.040.030 Smoking Prohibited in Certain Public Places and Common Areas. No person shall smoke in any public place or common area, except in such areas in which smoking is permitted in Section 100.040.040 and 100.040.050.

100.040.040 Smoking Permitted in Certain Public Places. Smoking is permitted in the following public places:

A.         Premises upon which malt, vinous, or spirituous liquors, or fermented malt beverages are sold for consumption on the premises pursuant to a license other than an arts license, except for those areas within such licensed premises which are utilized primarily for restaurant purposes.

B.         Fully enclosed offices or rooms occupied exclusively by smokers, even though the offices or rooms may be visited by non-smokers.

C.        Rooms or halls being used for a private social or business function where the seating arrangements are under control of the sponsor of the function.

D.        Retail stores primarily engaged in the sale of tobacco or tobacco products.

E.         Restaurants with a seating capacity of 30 or fewer persons.

100.040.050 Designated Smoking Areas. Portions of the following common areas and public places may be designated by the proprietor or person in charge thereof as smoking areas:

A.         Places of work, provided that in no event shall the proprietor or person in charge fail to provide a smoke-free work area to accommodate an employee who requests the same, and provided that no more than 50% of the floor area thereof may be so designated.

B.         Restaurants with seating capacities of over 30 persons, provided that no more than 50% of the floor area thereof may be so designated, and provided, further, that the premises is conspicuously posted at all public entrances, or in a position clearly visible on entry to the restaurant, advising patrons that a non-smoking area is available. If a waiting area is provided, such area must be a nonsmoking area. If an area is designated for smoking, the proprietor or person in charge of the restaurant shall insure that any employee directing patron seating shall ask each patron for the patron's preference for seating in a non­smoking or a smoking area.

C.        Common areas exceeding 5,000 square feet, provided that not more than 25% of the total area is designated as a smoking area, and provided further that any area so designated is located such that it is not necessary for non-smokers to pass through such areas to reach other non-smoking areas. In no event shall the common areas in any nursing home, hospital or health care facility be designated as smoking areas.

D.        In no event shall the proprietor or person in charge of any nursing home, hospital or health care facility fail to provide rooms for non-smokers or require a non-smoker to share a room or other facility with a person who smokes, except with the express consent of the non-smoker.

100.040.060 Signs Required to be Posted. To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, legible signs shall be posted as follows:

A.         In public places where the proprietor or person in charge prohibits smoking in the entire establishment, a sign with 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.

B.         Is public places where certain areas are designated as smoking areas pursuant to this Article, 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.

C.        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.

100.040.070 Responsibilities of Proprietors. No proprietor or person in charge of a public place or common area shall fail to make reasonable efforts to obtain compliance with this Article in such places by:

A.         Posting appropriate signs, as required by this Article;

B.         Arranging work areas to provide a smoke-free area, as required by this Article;

C.        Asking smokers to refrain from smoking upon request of a client or an employee suffering discomfort from the smoke;

D.        Affirmatively directing smokers to designated smoking areas;

E.         Using existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent no-smoking areas.

100.040.080 Penalty. It is unlawful for any person to violate any of the provisions of this Article. The penalty for violation of any provision of this Article is a fine of not less than $25, and not more than $100. In determining the sentence to be imposed, the municipal judge shall consider the frequency and duration of the violation, the size of the establishment, whether it is knowing or not, and other relevant factors. Each day of a continuing violation shall be deemed to be a separate violation.

Section 2.

 This ordinance shall be referred to the voters pursuant to Section 5.4 of the Glenwood Springs Municipal Charter, for which a special election is hereby called. The form of the question as it shall appear on the ballot shall be as follows:

Shall Ordinance No. 30, Series of 1988, "An Ordinance of the City of Glenwood Springs, Colorado, regulating smoking in public places" be adopted? This ordinance shall be effective, if at all, thirty days after passage by the voters at the aforesaid special election.

INTRODUCED, READ ON SECOND READING, ORDERED PUBLISHED BY TITLE ONLY TO BE EFFECTIVE TEN DAYS FOLLOWING THE DATE OF SECOND PUBLICATION THIS 17 DAY OF JUNE, 1988.

Ted O’Leary, Mayor

ATTEST:

Pamela K. Oliveira, City Clerk