JEFFERSON COUNTY 1984

 

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.

 

JEFFERSON COUNTY

CHAPTER 5

COUNTY REGULATORY POLICIES

 

5.43 SMOKING IN PUBLIC PLACES (CC87-984) (CC90-57) (CC90-937)

 

5.43.1 INTENT AND APPLICABILITY

The Board finds, determines, and declares that the smoking of tobacco or of any other plant or weed in certain areas is a form of air pollution that threatens the health, safety, and welfare of the public. The Board deems it necessary to prohibit smoking in common areas, public places, and work places, except as smoking is otherwise permitted in designated smoking-permitted areas by this Chapter. The provisions of this Chapter shall be applicable throughout the unincorporated areas of Jefferson County and to all common areas, public places, and work places within the incorporated areas of Jefferson County, which are owned, operated or occupied by Jefferson County. This Chapter shall not apply to personal dwellings or residences. (CC87-984)

 

5.43.2 DEFINITIONS (CC87-984)

As used in this Chapter, the following words are defined as follows:

"Common area" means any lobby, mall, or hallway open or accessible to members of the public who enter such common area as invitees.

"Employee" means any person who is paid a wage or salary by an employer and who works in the enclosed premises of an employer.

"Employer" means any person, partnership, corporation, association or other entity, and the owner, manager, person in charge or proprietor thereof, engaged in a business, occupation, profession, or trade, whether or not such business, occupation, profession, or trade is conducted for profit, and includes any public or governmental entity.

"Enclosed premises" means a fully enclosed building, structure, office or room comprised of a roof, four walls, and means of ingress and egress.

"Public places" means any enclosed, indoor facility or area that is open to members of the public who enter such facility as invitees, including but not limited to mercantile establishments, restaurants, theaters, financial institutions, educational facilities, hospitals, health care facilities and institutions, libraries, auditoriums, arenas, assembly or meeting rooms, public conveyances, governmental buildings, office buildings, restrooms, elevators, child care centers, and waiting rooms of professional persons.

"Work area" means any enclosed premises occupied principally by employees.

"Smoke" or "smoking" means 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.

 

5.43.3 SMOKING PROHIBITED (CC87-984)

It shall be unlawful for any person to smoke in any common area, public place, or work area, except as otherwise expressly permitted by this article.

 

5.43.4 SMOKING PERMITTED IN CERTAIN PLACES (CC87-984) Smoking is permitted in the following places:

5.43.4.1

Smoking-permitted areas designated pursuant to Section 5.43.5.

5.43.4.2

The licensed premises of any establishment in which malt, vinous, or spirituous liquors or fermented malt beverages, as those terms are defined by state statute, are sold for consumption on the premises pursuant to a license, except for those areas within such establishments which are utilized primarily for restaurant purposes or recreational activities.

5.43.4.3

Retail stores primarily engaged in the sale of tobacco or tobacco accessories.

5.43.4.4

Restaurants with a seating capacity of 30 or fewer patrons.

5.43.4.5

Enclosed premises occupied exclusively by smokers, even though they may be visited by nonsmokers.

5.43.4.6

Meetings or assemblies not open to members of the public; provided, however, that no

                        such meeting or assembly is conducted in a public place.

 

5.43.5 DESIGNATED SMOKING-PERMITTED AREAS (CC87-984)

A section of the following common areas, public places, and work areas may be designated as smoking-permitted areas by the owner, lessee, principal manager, person in charge, or employer:

5.43.5.1 An area in common areas which, in the discretion of the owner, lessee, principal manager, or person in charge, is of sufficient size to accommodate patrons, customers, and employees who wish to smoke, provided that no more than 25% of the total common area may be designated as a smoking-permitted area. In no event shall the common areas in any nursing home, hospital or health care facility, or public restroom be designated as a smoking-permitted area.

5.43.5.2

Restaurants with a seating capacity of more than 30 patrons; provided, however, that the

 

owner, lessee, principal manager, or person in charge shall provide a no smoking area of

 

sufficient size to accommodate, without unreasonable delay, patrons who request to be

 

seated in such an area. All such patrons must be advised that no smoking areas are

 

available. A delay shall be deemed reasonable if it is equal for smokers and non

 

smokers.

5.43.5.3

Work areas; provided, however, that in no event shall an employer fail to provide a

 

smoke-free work area to an employee who requests such and provided further that not

 

more than 25% of the employer’s total floor area may be designated as a smoking-

                        permitted area.

 

5.43.6 POSTING OF SIGNS (CC87-984)

To advise persons and employees of the existence of no smoking or smoking permitted areas, signs with letters no less than one inch high or symbols of no less than three inches high shall be posted as follows:

5.43.6.1 No employer, owner, lessee, principal manager, or person in charge of a common area, public place, or work area where smoking is prohibited in an entire establishment shall fail to post a sign using the words "no smoking" or the international no-smoking symbol conspicuously either on all public entrances or in a position clearly visible upon entry into the public place.

5.43.6.2 No employer, owner, lessee, principal manager, or person in charge of a public place where certain areas are designated as smoking areas pursuant to this article shall fail to post a sign using the words "no smoking except in designated areas" conspicuously either on all public entrances or in a position clearly visible on entry into the public place.

5.43.6.3 No employer, owner, lessee, principal manager, or person in charge of a public place where smoking is permitted in the entire establishment shall fail to post a sign using the words "smoking permitted" or an international smoking symbol conspicuously either on all public entrances or in a position clearly visible on entry into the public place.

5.43.6.4 No employer in charge of work areas where smoking is permitted shall fail to post a sign using the words "no smoking except in designated areas" in a conspicuous place within the work area.

5.43.6.5 No employer in charge of work areas where smoking is prohibited in an entire work area shall fail to post a sign using the words "no smoking" or the international non-smoking symbol in a conspicuous place within the work area.

 

5.43.7 PENALTY AND ENFORCEMENT (CC87-984)

Violation of any provision of this Chapter shall be a Class 2 petty offense, and penalty for a violation of any provision of this Chapter shall be a fine of $50.00. All fines shall be paid into the treasury of Jefferson County. Each day of continuing violation shall be deemed to be a separate violation. It is the duty of the Jefferson County Sheriff’s Department to enforce the provisions of this Chapter. The penalty assessment procedure provided in section 16-2-201, C.R.S., shall be followed by the Jefferson County Sheriff’s Department in enforcing the provisions of this Chapter.

 

5.43.8 SEVERABILITY (CC87-984)

If any part of this Chapter is held to be invalid for any reason, such invalidity shall not affect the validity of the remaining parts of this chapter. The Board hereby declares that it would have passed the regulation and adopted each part thereof irrespective of the fact that one or more parts be declared invalid.

5.43.9 DESIGNATING JEFFERSON COUNTY HUMAN SERVICES BUILDING AS SMOKEFREE (See Resolution Attached) (CC90-57).

5.43.10 DESIGNATING ALL JEFFERSON COUNTY FACILITIES AS SMOKE-FREE (See Resolution Attached) (CC90-937).