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 law is generally weaker than the state law.
Sec. 2-5-1. Adoption of state law by reference.
Subject to the exceptions incorporated herein, smoking is hereby prohibited in any indoor area in the Town which is generally open to the public, in the manner set forth in the "Colorado Clean Air Act" as codified in Sections 23-14-201 et seq., C.R.S., which Act is hereby adopted by this reference in its entirety, with an amendment as set forth in Section 2-5-2 below. (Ord. 2006-13 ¤1)
Sec. 2-5-2. Smoking prohibited in entryways.
Smoking shall be prohibited in the entryway of any building in which smoking is otherwise prohibited. Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted from these regulations. Entryway also includes the area of public or private property within a specified radius outside of the doorway. The specified radius shall be zero (0) feet. (Ord. 2006-13 ¤1)
Sec. 2-5-3. Violations and penalties.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to condone smoking in public places within such premises, or to otherwise fail to comply with any of the provisions of this Article.
(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article.
(c) Any person who violates any provision of this Article shall be guilty of an infraction, punishable by:
(1) A fine not exceeding two hundred dollars ($200.00) for a first violation within a calendar year;
(2) A fine not exceeding three hundred dollars ($300.00) for a second violation within a calendar year; and
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation within a calendar year.
(d) Each day of continuing violation shall be deemed to be a separate violation. (Ord. 2006-13 ¤1)