Parker 1989

 

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: (9)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (none)

 

PARKER

SPONSORED BY COUNCILMAN DALE BRINKER COUNCILMAN'S BILL ORDINANCE NO. No. 5.26 Series of 1989

 

A BILL FOR AN ORDINANCE TO REGULATE SMOKING IN PUBLIC AND WORK PLACES. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PARKER,

COLORADO, THAT:

 

Section 1. Ordinance No. 5.26 is hereby enacted to provide as follows:

NO SMOKING PROVISIONS

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 ordinance 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 ordinance.

 

2. DEFINITIONS: As used in this ordinance, the following terms shall have the meanings indicated.

 

(a) INDEPENDENTLY VENTILATED: The situation in which the ventilation system for any area in which smoking is permitted and the ventilation system for any nonsmoking area do not have a connection which allows for the mixing of air from the smoking and nonsmoking areas.

 

(b) PUBLIC MEETING: Includes all meetings open to the public.

 

(c) 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.

 

(d) RECOGNIZED DEVICE OR SYSTEM: A device or system which prevents the mixing

of air from smoking and non-smoking areas.

 

(e) SMOKE-FREE: Smoke free is determined by not being able to see and smell the smoke.

 

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

 

(g) TAVERNS and BARS: Those establishments whose primary source of revenue derives from the sale of alcoholic beverages for on-premise consumption.

 

(h) 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.

 

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

 

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.

 

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, but only if at least one of the following conditions is met:

 

(i) each such office or room contains a recognized device which removes tobacco or tobacco product particulates from the air contained within that office or room and such device is in operation, according to the manufacturer's instructions, every time smoking occurs in that office or room;

 

(ii) each such office or room contains a recognized system which will exhaust the air from that office or room directly to the outside of the building and such system is in operation, according to the manufacturer's instructions, every time smoking occurs in that office or room; or

 

(iii) each such office or room is independently ventilated.

 

(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 5.

 

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 such areas. 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 such areas.

 

(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 contiguous nonsmoking areas 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. 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 owners, 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 ordinance 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.

 

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 Parker Fire Protection District, the Town's Building Department or by State statutes, ordinances or regulations of the Town of Parker or other applicable laws.

 

8. RESPONSIBILITIES OF PROPRIETORS: The proprietor or person in charge of a public place or public meeting place shall make reasonable efforts to obtain compliance with this ordinance in such places by:

 

(a) Posting appropriate signs.

 

(b) Arranging seating and work areas to provide a nonsmoking area.

 

(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 ashtrays or other receptacles for extinguishing smoking materials at the entrance of a public place.

 

(d) Asking smokers to refrain from smoking in no smoking areas and 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.

 

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.

 

10. PENALTY:

(a) The following acts constitute violations of this ordinance:

 

(1) Smoking in an area where smoking is prohibited under this ordinance;

 

(2) Failure to post a no-smoking sign as required by this ordinance;

 

(3) Failure to make reasonable efforts to obtain compliance with this ordinance as

provided herein;

 

(4) Willful destruction or defacement of a sign posted as required by this ordinance;

and

 

(5) Failure to designate smoking as provided herein.

 

(b) The Mayor or the Mayor's designee may enforce the provisions of this ordinance by either of the following actions:

 

(1) Serving notice requiring correction of any violation of this ordinance.

 

(2) Requesting the Town Attorney to initiate appropriate enforcement proceedings, including, without limitation, the initiation of a complaint in municipal court or the institution of injunctive, abatement or other appropriate action to prevent, enjoin, abate or remove such violation.

 

(c) Any person convicted of violating any provision of ordinance shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300.00), for each separate offense, and may be enjoined from any further or continued violation thereof. Each day any violation of this ordinance shall continue shall constitute a separate offense.

 

(d) Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

 

11. EXCEPTIONS ON MODIFICATION TO ORDINANCE: Any owner or manager of a business or other establishment subject to this ordinance may apply to the Town Council for an exception or modification of the provisions of this ordinance due to unique or unusual circumstances or conditions, provided that it will be the burden of the applicant to show either that the provisions of this ordinance cannot be complied with without incurring expenses for structural or other physical modifications, other than posting signs, or that due to unique or unusual circumstances, the failure to comply with the provision for which the exception is requested will not result in a danger to health or annoyance,  inconvenience or discomfort.

 

Section 2. Safety Clause. The Town Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the Town of Parker, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.

 

Section 3. Severability. If any clause, sentence, paragraph or part of this ordinance or the application thereof to any person competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

 

Section 4. This ordinance shall become effective 30 days after final publication.