Longmont
2003
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: (9A0.0020)
Restaurants and Bars: (none)
Building Entrances and Perimeters: (none)
Outdoor Places: (none)
Longmont
ORDNANCE 0-2003-73
A
BILL FOR AN ORDINANCE AMENDING CHAPTER 9.40 OF THE LONGMONT MUNICIPAL CODE ON
SMOKING N PUBLIC PLACES
THE COUNCIL OF THE
CITY OF LONGMONT, COLORADO, ORDAINS:
Section I
The Council amends
chapter 9.40 of the Longmont Municipal Code, by adding italicized material and
deleting stricken material, to read as follows:
Chapter 9.40 SMOKING
IN PUBLIC PLACES
9.40.010 Statement of
intent
Exposure to smoke
emitted by tobacco and other vegetative substances in enclosed facilities by
the nonsmoking public is recognized by the citizens of the city of Longmont to
result in objectionable and material annoyance and discomfort, and constitutes
a health hazard to all those so exposed. In furtherance of the public health, safety
and welfare, it is deemed necessary to prohibit, with certain exceptions,
smoking in enclosed areas open to the public, and areas constituting places of
employment.
To achieve the public
health objectives set forth in this section, this chapter is to be liberally
construed.
9A0.020 Definitions
As used in this
chapter, the words and phrases set forth below are defined as follows:
"Common
area" means any lobby, mall, hallway, elevator, restroom, or other
enclosed indoor area of any publicly or privately owned premises open to
members of the public or employees who enter as invitees.
"Private
club" means any enclosed, indoor facility or area that is:
A. physically
separate from any public place, or
B. independently
ventilated and separated by impermeable ceilings and walls from any other
public place; and is either:
1. a church,
synagogue, mosque, temple, or building used primarily for bona fide religious
worship and related religious activities that involve smoking; or
2. operated and owned
or leased by a non-profit corporation that:
a. is organized under
Chapter 501(c)(3) of the U.S. Internal Revenue Code;
b. has a defined
membership;
c. restricts
admission to members of the club and their guests; and is not open to members
of the general public upon payment of a nominal fee; and
e. is not formed to
circumvent this Chapter, where, for example, persons pay nominal dues or the
"members" do not control the operation of the "club."
"Public
place" means any enclosed, indoor facility or area, including a work area,
open to the general public who enter as invitees, including but not restricted
to mercantile establishments, bars, taverns, restaurants, theaters, financial
institutions, educational facilities, recreational facilities, hospitals,
health care facilities and institutions, libraries, auditoriums, arenas,
meeting rooms and public conveyances. A private club is considered a public
place during functions at the club, open to the general public and not
restricted to club members. A private residence is not a public place.
"Smoke" or
"smoking" means the possession of a lighted cigarette, cigar or pipe
containing tobacco or other organic burning material regardless of its
composition, or the lighting of such cigarette, cigar or pipe.
"Work area"
means any area of any enclosed, indoor facility used primarily by people
employed by employer that has principal possessory rights to such facility for
the primary purpose of such employment.
9.40.030 Smoking
permitted in certain places
Smoking is permitted
in the following places:
A. In fully enclosed
offices or rooms occupied exclusively by smokers or consenting nonsmokers, even
though the offices or rooms may be visited by nonsmokers, except that in such
public offices of the city the smoking office occupant or occupants shall not
smoke when dealing with a nonsmoking visitor unless such visitor expressly
consents to such smoking;
B. In retail stores
primarily engaged in the sale of tobacco or tobacco accessories.
9.40,040 Smoking
generally prohibited except in designated smoking areas
A. It is unlawful for
any person to smoke in any public place, common area or work area not occupied
entirely by smokers and/or or consenting nonsmokers, except those places
exempted by Section 9.40.030, and except portions of work areas shared by
employees and designated as smoking areas by the employer, persons or entity
having principal possessory rights to the area or areas, so long as those
designated portions are sufficiently isolated by physical barriers or
ventilation to maintain a reasonably smoke-free environment in proximate
nonsmoking portions.
B. The provisions of
this chapter governing a public place or a common area shall govern any
facility or area meeting either of those respective definitions, even though
the facility or area also qualifies as a work area. Without the express consent
of all employees who use a work area, no employee shall designate the entire
work area as a smoking area. Nothing in this section shall be construed to
permit the designation of any area for smoking if any other applicable law or
regulation otherwise prohibits smoking.
9.40.050 Required
signs.
To advise persons of
the existence of "No Smoking" or "Smoking Permitted" areas,
if any, as contemplated by this chapter, signs shall be posted, as follows:
A. In each public
place and common area the owner, proprietor or person in charge having
principal possessory interest shall post and maintain a sign bearing the words,
"NO SMOKING", and which may also contain the international no smoking
symbol, either on all public entrances or in a position clearly visible on
entry to the public place or common area.
For the designated
portion of each employee work area where the employer elects to permit smoking
and furnish a smoking area pursuant to Section 940.040A, the employer shall
conspicuously post a sign using the words "EMPLOYEE SMOKING AREA" at
the entrances to each such designated portion.
9.40.060 Unlawful
Acts-Penalties
A. It is unlawful for
any person knowingly:
1. Unless exempt from
the operation of this chapter, to smoke in any public place or common area, or
in any portion of a work area that is not then physically separated and
designated as a smoking portion of the work area by appropriate posting of
signs, in compliance with this chapter;
2. As the employer or
person or entity having principal possessory rights to the public place or
common area, to fail to post and maintain any sign as required to be posted
pursuant to this chapter;
3. As the employer or
person or entity having principal possessory rights to the public place or
common area, to permit or facilitate any person to smoke in any place not
specifically exempt or excepted from the smoking proscriptions of this chapter.
B. The court shall
fine any person violating this chapter between thirty-five dollars and five
hundred dollars. Upon a second or subsequent conviction within twelve months,
the minimum fine is fifty dollars, which the court shall not suspend. The court
shall allocate ten dollars of such fine collected to the municipal probation office
to acquire materials and programming providing health information on the
dangers of smoking. The probation office shall make those materials and
programming available to educational institutions, citizens groups and
offenders.
Section 2
To the extent only
that they conflict with this ordinance, the Council repeals any conflicting
ordinances parts of ordinances. The provisions of this ordinance are severable,
and invalidity of any part shall not affect the validity or effectiveness of
the rest of this ordinance.
Section 3
This ordinance shall
take effect 60 days after final publication.
Passed and adopted this 10th
day of November, 2O03.