Larimer County 1994

 

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.

 

Resolution and Ordinance Concerning Smoking in Public Places in Unincorporated Larimer County

WHEREAS, the Board of County Commissioners of the County of Larimer finds 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.

WHEREAS, it is recognized by the Colorado Legislature, the scientific and medical community, the Environmental Protection Agency and the Surgeon General, that exposure to ambient smoke by 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.

WHEREAS, pursuant to Section 30-15-401 C.R.S. 1973, as amended, the Board of County Commissioners is empowered to adopt ordinances for control of matters of purely local concern including to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.

WHEREAS, pursuant to Section 25-14-105 C.R.S. 1973, as amended, the Board of County Commissioners is authorized to adopt regulations controlling smoking within its unincorporated 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 Section 25-14-101 et. seq. C.R.S. 1973.

WHEREAS, this Resolution and Ordinance Concerning Smoking in Public Places herein has been read at a preceding meeting of the Board of County Commissioners and has been published in full in a newspaper of general circulation for Larimer County at least ten (10) days prior to the date hereof.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Larimer, State of Colorado, that the Resolution and Ordinance Concerning Smoking in Public Places attached hereto and incorporated herein as Exhibit "A" be and hereby is formally adopted as of this date.

BE IT FURTHER RESOLVED that following its adoption, the resolution and ordinance herein be published in a newspaper of general circulation in accordance with Section 30-15-405 C.R.S. 1973 (by title only, containing the date of initial publication, and reprinting in full any section, subsection or paragraph of said Resolution and Ordinance which was amended following the initial publication).

 

EXHIBIT "A" RESOLUTION AND ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES IN UNINCORPORATED LARIMER COUNTY

BE IT ORDAINED by the Board of County Commissioners of Larimer County: Section 1 -Scope of Ordinance This Ordinance shall apply within the unincorporated territory of Larimer County, and shall control smoking in the public areas of certain regulated facilities and in places of work as further defined and provided in this Ordinance. This Ordinance shall not apply within the exempt areas and facilities which are set forth in Section 4 below. Section 2 -Definitions The following definitions shall apply to the interpretation and enforcement of this Ordinance:

(a)

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

(b)

"Public Meeting" includes all meetings open to the public.

(c)

"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, theaters, banks, educational facilities, recreational facilities, commercial establishments, hospitals, nursing homes, health care institutions, libraries, auditoriums, arenas, meeting rooms, grocery stores, and public conveyances.

(d)

"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 material.

Section 3 -Smoking Prohibited Except in Permitted Areas. No person shall smoke in a public place or common area or at a public meeting, except in permitted smoking areas.

Section 4 -Smoking Permitted in Certain Public Places. Smoking may be permitted in the following public places:

(a) Establishments in which malt, vinous, and/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 establishments which are utilized primarily for restaurant purposes or recreational activities.

(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 social or business function where the seating arrangements are under control of the sponsor of the function, when not more than 50% of the areas of which are designated as smoking areas

(d) Retail stores primarily engaged in the sale of tobacco or tobacco products.

(e) Restaurants with a seating capacity of 30 or fewer persons.

(f) Smoking areas designated by the proprietor or person in charge of a public place or public meeting pursuant to Section 5.

 

Section 5 -Designated Smoking Areas.

The proprietor or person in charge may designate portions of the following common areas and public places 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

       

      No more than 50% of the floor area thereof may be so designated.

 

No proprietor or person in charge shall harass, discharge, discipline or otherwise retaliate or discriminate against an employee for the reason that such employee has requested a smoke-free area.

(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

       

      Smoke does not intrude from such designated area into adjacent areas where smoking is not allowed, and

       

      The area in which smoking is not prohibited is of sufficient size to accommodate, without unreasonable delay, patrons who request to be seated in such area, and

       

      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.

       

A delay shall be deemed reasonable if it is equal for persons requesting accommodation in the area designated for smoking and for the area designated for nonsmoking.

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 non-smoking or a smoking area.

(c) Common areas exceeding 5,000 square feet, provided that

      Not more than 25% of the floor area is designated as a smoking area, and

       

      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.

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 nonsmoker to share a room or other facility with a person who smokes, except with the express consent of the nonsmoker.

In no event shall public restrooms be designated as smoking areas.

Section 6 -Signs Required to be Posted.

To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, signs with letters no less than one inch high or symbols no less than three inches high shall be posted as follows:

(a) 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.

(b) In public places where certain areas are designated as smoking areas pursuant to this ordinance, 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 on all public entrances or in a position clearly visible on entry into the establishment.

Section 7 -Smoking Prohibited by Other Laws.

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 any municipality or other applicable laws.

Section 8 -Responsibilities of Proprietors.

The proprietor or person in charge of a public place, common area, or public meeting shall make reasonable efforts to obtain compliance with this Ordinance in such places by:

(a) Posting appropriate signs.

(b) Arranging seating and work areas to provide a smoke-free area.

(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 physical barriers and ventilation systems to prevent transient smoke from intruding into adjacent no-smoking areas.

(f) Using any other means which may be appropriate to further the purpose and intent of this Ordinance.

Section 9 -Penalty and Enforcement.

Violations of any provision of this Ordinance shall be a Class 2 petty offense, and penalty for a violation of any provision of this Ordinance shall be a fine of $50.00. All fines shall be paid into the treasury of Larimer County. Each day of continuing violation shall be deemed to be a separate violation.

It is the duty of the Larimer County Sheriff's Department to enforce the provisions of this Ordinance. The penalty assessment procedure provided in Section 16-2-201, C.R.S. 1973 shall be followed by the Larimer County Sheriff's Department in enforcing the provisions of this Ordinance.

Section 10 -Severability.

Should any section, clause, sentence, or part of this Resolution and Ordinance be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect, impair or invalidate the regulation as a whole or any part thereof other than the part so declared to be invalid.

Section 11 -Safety Clause.

This Board of County Commissioners hereby finds, determines and declares that this Resolution and Ordinance is necessary for the immediate preservation of the public welfare, health and safety.

Section 12 -Publication and Effective Date.

Following its adoption, this Resolution and Ordinance shall be published in a newspaper of general circulation for Larimer County once by title only with the date of the initial publication and containing any section, subsection or paragraph of the Ordinance which was amended following the initial publication and shall take effect thirty (30) days after the date of the publication in said newspaper.

Upon Motion duly made and seconded, the foregoing Resolution and Ordinance was adopted on 1994 .

BOARD OF COUNTY COMMISSIONERS

By: Chair

ATTESTATION:

I, Larimer County Clerk, attest that the foregoing Resolution and Ordinance Concerning Smoking in Public

Places in Unincorporated Larimer County was read at a meeting of the Board of County Commissioners

and has been published in full in a newspaper of general circulation for Larimer County at least ten (10) days prior to the date of its adoption, in compliance with Section 30-15-406 C.R.S. 1973 as amended.