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.