Loveland 1985

 

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.

 

LOVELAND ORDINANCE NO. 3185

AN ORDINANCE AMENDING TITLE 7 OF THE LOVELAND MUNICIPAL CODE, THE SAME RELATING TO ADOPTING REGULATIONS GOVERNING SMOKING IN PUBLIC PLACES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOVELAND, COLORADO:

 

Section 1. That Title 7 of the Loveland Municipal Code is amended by adding thereto a new Chapter 7.40 as follows: Chapter 7.40

 

SMOKING IN PUBLIC PLACES

 

7.40.010 Intent. It is the intent of this chapter to protect the public health, safety and welfare by prohibiting smoking in areas, which are used by or open to the public and in areas where persons are likely to gather in close proximity to one another unless such areas are designated as smoking areas pursuant to this chapter.

7.40.020 Definitions. As used in this chapter, the following words and phrases are defined as follows:

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 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, hospitals, nursing homes, health care institutions, libraries, auditoriums, arenas, meeting rooms, grocery stores and public conveyances.

C. "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.

 

7.40.030 Smoking prohibited in certain public places and common areas. No person shall smoke in any public place or common area except in such areas in which smoking is permitted in Section 7.40.040 and 7.40.050.

7.40.040 Smoking permitted in certain public places. Smoking is permitted in the

following public places:

 

A. Establishments in which malt, vinous, 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.

 

7.40.050 Designated smoking areas. Portions of the following common areas and public places may be designated by the proprietor or person in charge thereof 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 provided that no more than 50% of the floor area thereof may be so designated.

B. Restaurants with seating capacities of over 30 persons, provided that 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 an area, and provided that no more than 50% of the floor area thereof may be so designated, and provided, further, that 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. The 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 non-smoking. 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 total area is designated as a smoking area, and provided further that 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.

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

7.40.060 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. No proprietor or person in charge of a public place where smoking is prohibited in the 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 on entry into the public place.

B. No proprietor or person in charge of a public place where certain areas are designated as smoking areas pursuant to this chapter 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.

C. No proprietor 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 the international smoking symbol conspicuously either on all public entrances or in a position clearly visible on entry into the public place.

7.40.070 Responsibilities of proprietors. No proprietor or person in charge of a public place or common area shall fail to make reasonable efforts to obtain compliance with this chapter

in such places by:

A. Posting appropriate signs, as required by this chapter;

B. Arranging work areas to provide a smoke-free area, as required by this chapter;

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 existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent no-smoking areas; and

F. Using any other means which may be appropriate to further the intent of this chapter.

7.40.080 Penalty. It is unlawful for any person to violate any of the provisions of this chapter. The penalty for violation of any provision of this chapter is a fine of not less than $25, and not more than $100. In determining the sentence to be imposed, the municipal judge shall consider the frequency and duration of the violation, the size of the establishment, whether it was knowing or not, and other relevant factors. Each day of a continuing violation shall be deemed to be a separate violation.

Section 2. That this ordinance shall be in full force and effect thirty days after final publication, adoption and signature of the mayor.

Signed this 2nd day of July, 1985