Northglenn 1994

 

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: (none)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (9-14-4)

 

Northglenn

 

CHAPTER 9

GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 14. SMOKING IN PUBLIC PLACES

 

Section 9-14-1. Title. This ordinance shall be known and cited as the Northglenn Smoking

Ordinance. [Source: Ord. 1109, 1994]

 

Section 9-14-2. Intent. It is the intent of this Article to protect the public health, safety and welfare by prohibiting smoking in public places, places of employment and restaurants except where specifically allowed under this Article. [Source: Ord. 1109, 1994]

 

Section 9-14-3. Definitions. As used in this Article:

(1) "Common area" means a contiguous indoor area where people can be expected to gather in close proximity to one another.

 

(2) "Place of employment" means any indoor physical setting, whether stationary or mobile, where any person or legal entity employs people, whether for profit or not.

 

(3) "Proprietor" means the owner, operator or person in charge of any place regulated by this article.

 

(4) "Public place" means any indoor or outdoor place open to the public or open to the public upon payment of a fee, such as but not limited to all or part of an office building, retail store, commercial business, grocery store, movie theater, restaurant, bank, educational facility, recreational facility, hospital, nursing home, health care institution, library, auditorium, arena, meeting room or public conveyance.

 

(5) "Restaurant" means any facility licensed to sell food and beverages for consumption on the premises.

 

(6) "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. [Source: Ord. 1109, 1994]

 

9-14-4. Smoking Regulated in Public Places, Places of Employment and Restaurants.

(1) Except when permitted by Sections 9-14-5 and 9-14-6, smoking in a public place, place of employment or restaurant, is regulated as follows:

 

(a) No person shall smoke in an indoor public place.

 

(b) No person shall smoke in the following outdoor public places: within the seating areas, access aisles, restrooms and food concession areas of a sports facility.

 

(c) No person shall smoke in a place of employment.

 

(d) No person shall smoke in a restaurant.

 

(2) Notwithstanding section 9-14-5, if a "No Smoking" sign(s) conforming to section 9-14-7 is posted, no person shall smoke in any place designated by the proprietor as a no-smoking area. [Source: Ord. 1109, 1994]

 

Section 9-14-5. Certain Places Exempt From Smoking Restrictions. The following are exempt from the smoking prohibitions in section 9-14-4 (l):

 

(1) A business that employs fewer than five full or part-time employees, including the owner.

 

(2) A restaurant with a seating capacity of 30 or fewer persons.

 

(3) An establishment 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.

 

(4) A fully enclosed office or room occupied exclusively by smokers, even though the offices or rooms may be visited by non-smokers. However, an office work area with a cash register, service counter, or waiting area open to the public is not excluded.

 

(5) A room or hall being used for a social or business function, including a regularly conducted activity such as bingo or other similar diversion, where the seating arrangements are under control of the sponsor or manager of the function.

 

(6) A retail store primarily engaged in the sale of tobacco or tobacco products. [Source: Ord. 1109, 1994]

 

Section 9-14-6. Allowable Smoking Areas.

 

(1) Notwithstanding section 9-14-4 (l), smoking is permitted in:

 

(a) A fully enclosed smoking area (walls, ceiling and floor) where smoke does not drift into non-smoking areas, which may be established in any place regulated under this article provided it does not exceed 25% of the area of the regulated place and access to adjacent no-smoking areas is available without going through the smoking areas.

 

(b) A designated smoking area (which may contaminate the no-smoking areas with tobacco smoke), which may be established only: (i) in restaurants, including dinner theaters, with a seating capacity of thirty (30) persons or more, the owner, operator, or person in charge shall designate a no-smoking area of sufficient size to accommodate, without unreasonable delay, patrons who request to be seated in such an area. The delay shall be deemed reasonable if it is equal for smokers and non-smokers. Smoking shall be prohibited in the waiting areas of all food service establishments with a seating capacity of thirty (30) persons or more. This paragraph shall apply only to fully enclosed areas within food service establishments and not to open air areas. (ii ) a common area exceeding 5,000 square feet, provided that no 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 nonsmoking areas or is fully enclosed or independently ventilated by a separate ventilation system. In no event shall the common areas in any nursing home, hospital or health care facility be designated as smoking areas.

 

(2) In no event shall the proprietor of any nursing home, hospital or health care facility fail to provide no-smoking rooms for nonsmokers or require a non-smoker to share a room or other facility with a person who smokes, except with the express written consent of the non-smoker. [Source: Ord. 1109, 1994]

 

Section 9-14-7. 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 five (5) inches high shall be posted as follows:

 

(1) 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 at eye level either on all public entrances or in a position clearly visible on entry into the public place, with letters no less than one inch high or symbols no less than five (5) inches high. Other signs may be used if approved by the City Manager.

 

(2) No proprietor of a public place where certain areas are designated as smoking areas pursuant to this Article 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. [Source: Ord. 1109, 1994]

 

Section 9-14-8. Responsibilities of Proprietors. No proprietor of a public place, restaurant, place of employment or common area shall fail to make reasonable efforts to obtain compliance with this Article in such places by:

 

(1) Posting appropriate signs, as required by this Article.

 

(2) Arranging work areas to provide a no-smoking work area, as required by this Article.

 

(3) Asking smokers to refrain from smoking upon request of a client or an employee suffering discomfort from the smoke.

 

(4 ) Affirmatively directing smokers to designated smoking areas.

 

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

 

(6) Using any other means which may be appropriate to further the intent of this Article.

[Source: Ord. 1109, 1994]

 

Section 9-14-9. Penalty. It is unlawful for any person to violate any of the provisions of this Article. The penalty for violation of any provision of this Article is a fine of not more than $300.00. 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 continuing violation shall be deemed to be a separate violation. Source: Ord. 1109, 1994]

 

Section 9-14-10. Effective Date. This Article shall take effect on November 1, 1994.

[Source: Ord. 1109, 1994]