Littleton 1987

 

GASP of Colorado (Group to Alleviate Smoking Pollution)

 

Ordinance Grade:1

                                                                                   

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: (6-10-9)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (none)

 

LITTLETON CHAPTER 10: NO SMOKING PROVISIONS

SECTION:

6-10-1: Legislative Intent

6-10-2: Definitions

6-10-3: Smoking Prohibited Except in Permitted Areas

6-10-4: Permitted Smoking Areas

6-10-5: Designation of Smoking Areas

6-10-6: Signs

6-10-7: Areas Where Smoking is Permitted

6-10-8: Responsibilities of Proprietors

6-10-9: Nondiscrimination Clause

6-10-10: Severability

6-10-11: Repealer

6-10-12: Effective Date

6-10-1: LEGISLATIVE INTENT: The Surgeon General of the United States has concluded

that there is medical evidence to support protection of the nonsmoker against the irritation and potential harm that comes from other peoples' smoke. Secondhand smoke has been linked to acute and chronic lung disease, as well as carcinoma of the lung in nonsmokers, and certain medical conditions may be aggravated by the presence of environmental tobacco smoke. Indoor smoke pollution in offices, worksites, and public places can reach levels that exceed health standards established under environmental and occupational health regulations.

The smoking of tobacco or any other weed or plant is a cause of material annoyance and discomfort to those present in confined areas. In order to serve the public safety and general welfare, 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 designated as smoking areas pursuant to this Chapter.

 

6-10-2: DEFINITIONS: As used in this Chapter, the following terms shall have the meanings

indicated:

PUBLIC MEETING: Includes all meetings open to the public.

 

PUBLIC PLACE: Any enclosed, indoor area open to and frequented by the public or serving as a place of work, including but not limited to restaurants, retail stores, theaters, banks, commercial establishments, public conveyances, educational facilities, recreational facilities, hospitals, nursing homes, auditoriums, arenas, meeting rooms, and grocery stores.

 

SMOKING INSTRUMENT: Any cigar, cigarette, pipe, or other smoking equipment.

 

TAVERNS and BARS: Those establishments whose primary source of revenue derives from the sale of alcoholic beverages for onpremise consumption.

 

SMOKING: The carrying of a lighted pipe, lighted cigarette, or lighted cigar of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind.

 

WORK PLACE: An enclosed area in which three (3) or more persons are

employed.

 

6-10-3: SMOKING PROHIBITED EXCEPT IN PERMITTED AREAS: It shall be

unlawful for any person to smoke or carry any lighted smoking instrument in a public

place or at a public meeting except in permitted smoking areas.

 

6-10-4: PERMITTED SMOKING AREAS: Smoking may be permitted in the following

places:

(A) Taverns or bars in which malt, vinous and/or spirituous liquors are sold for consumption

on the premises pursuant to a license other than a temporary "special events" license except for those areas within such establishments 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 nonsmokers.

 

(C) Rooms or halls being used by a person or group for a social function where the seating

arrangements are under the control of the sponsor of the function.

 

(D) Retail businesses primarily engaged in the sale of tobacco or tobacco products.

 

(E) Restaurants with a seating capacity of thirty (30) or fewer persons, who are nevertheless

encouraged to establish a nonsmoking section.

 

(F) Smoking areas designated by the proprietor or person in charge of a public place or public

meeting pursuant to Section 6-10-5.

 

6-10- 5: DESIGNATION OF SMOKING AREAS: The proprietor or person in charge may

designate no more than fifty percent (50%) of a public place or public meeting as a smoking

area except as follows:

(A) In places of work in which smokers and nonsmokers work in the same office or room, it

shall be the responsibility of employers to provide smoke-free work areas to accommodate employees who request same. In making such provisions, employers shall give priority to the health, welfare, and safety of nonsmokers and shall make reasonable efforts to provide a smoke-free work area for all employees who request the same.

 

(B) In no event shall lobbies, hallways, or other common areas typically shared by smokers

and nonsmokers be designated as smoking areas, except that lobbies, hallways, and other common areas which exceed five thousand (5,000) square feet in area may have within them designated smoking areas provided that no more than twenty five percent (25%) of the total area of such lobby, hallway, or common area is so designated and further providing that such designated smoking areas are located such that it is not necessary for nonsmokers to pass through areas affected by these smoking areas to reach other smoke-free areas.

 

(C) In restaurants with a seating capacity over thirty (30) persons, the proprietor or person in charge shall provide a contiguous nonsmoking area of sufficient size to accommodate

patrons who request to be seated in such an area, without unreasonable delay. The delay

shall be deemed reasonable if it is not greater for nonsmokers than it is for smokers. The

common waiting area shall be designated as a nonsmoking area. Patrons must be advised orally and through signs that such no smoking areas are available.

 

(D) In no event shall public restrooms, elevators, museums, galleries, libraries, hallways, or

meeting rooms be designated as smoking areas.

 

6-10-6: SIGNS: To advise persons of the existence of "no smoking" or "smoking permitted" areas, signs with letters not less than one inch (1") in height or the international smoking or no smoking symbol not less than three inches (3") in height shall be posted as follows:

(A) The owner, lessee, principal manager, or person in control of a public place where

smoking is prohibited in the entire establishment shall post a sign using the words "no

smoking" or the international no smoking symbol within eye level at all public entrances or

clearly visible and within ten feet (10') of every entry into the public place.

 

(B) The owner, lessee, principal manager, or person in control of a public place where certain

areas are designated as smoking areas pursuant to this Chapter shall post a sign using the

words "no smoking except in designated areas" within eye level at all public entrances or

clearly visible and within ten feet (10') of every entry into the public place.

 

(C) The owner, lessee, principal manager, or person in control of a public place where

smoking is permitted in the entire establishment shall post a sign using the words "smoking

permitted" or the international smoking symbol conspicuously either on all public entrances or in a position clearly visible on entry into the public place.

 

6-10-7: AREAS WHERE SMOKING IS PROHIBITED: Smoking shall not be permitted and smoking areas will not be designated in those areas where smoking is prohibited by the City's Fire Department Director, State statute, ordinances or regulations of the City of Littleton or other applicable laws.

 

6-10-8: RESPONSIBILITIES OF PROPRIETORS: The proprietor or person in charge of a public place or public meeting shall make reasonable efforts to obtain compliance with this

Chapter in such places by:

(A) Posting appropriate signs.

 

(B) Arranging seating and work areas to provide a nonsmoking area. This area shall to the

extent possible be contiguous.

 

(C) Refraining from the placement of ashtrays or other receptacles for extinguishing smoking materials in an area designated as a "no smoking" area, except that there may be placed ashtrays or other receptacles for extinguishing smoking materials at the entrance of a

public place.

 

(D) Asking smokers to refrain from smoking upon the request of a client or employee

suffering discomfort from the smoke.

 

(E) Affirmatively directing smokers to designated smoking areas.

 

(F) Using existing physical barriers and ventilation systems to minimize the toxic effect of the transient smoke in adjacent nonsmoking areas.

 

(G) Any other means which may be appropriate.

 

6-10-9: NONDISCRIMINATION CLAUSE: It shall be unlawful for any employer to

discipline or terminate an employee for requesting a smoke-free area in the workplace.

 

6-10-10: SEVERABILITY: If any part, section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Chapter or said standards. It is hereby declared that this Chapter would have been passed and such standards adopted in each part, section, subsection,

sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections,

subsections, sentences, clause or phrase thereof, irrespective of the fact that one or more

parts, sections, subsections, sentences, causes or phrases be declared invalid.

 

6-10-11: REPEALER: All ordinances or resolutions, or parts thereof, in conflict with this Chapter are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby.

 

6-10-12: EFFECTIVE DATE: This Chapter shall be effective thirty (30) days after passage. (Ord. 1, Series of 1987)