Telluride 2006

 

GASP of Colorado (Group to Alleviate Smoking Pollution)

 

Ordinance Grade: 3

                                                                                               

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: (7-3-40)

Employee Retaliation Prohibited: (7-3-40-e)

Restaurants and Bars: (7-3-30) definition of a public place appears to prohibit smoking in cigar and hookah bars.

Building Entrances and Perimeters: (none)

Outdoor Places: (none)

 

TELLURIDE ARTICLE 3

 

Clean Indoor Air Act

 

Sec. 7310. Legislative intent and purpose.

 

(a) The smoking of tobacco or any other weed or plant creates air pollution which constitutes a material annoyance, discomfort and actual health hazard to persons who are present in confined

spaces. The purpose of this Article is to protect the public health, safety and welfare by controlling and limiting the smoking of tobacco, or any weed or plant, in all indoor places as hereinafter set forth.

 

(Is) The restrictions and limitations of this Article shall he viewed as minimum standards, and should not be construed as limiting in any way the authority of persons in control of a public or private place from prohibiting smoking within their establishment or premises altogether. (Prior code 803.010: (3rd, 1257, 2006; (3rd, 1288 1, 2008)

 

Sec. 7320. Definitions,

 

As used in this Article, the following, terms shall have the meanings indicated:

 

Bar means any indoor area that is operated and licensed under Article 47 of Title 12, C,R,S, primarily for the sale and service of alcohol beverages for onpremises consumption and where the service of food is secondary to the consumption of such beverages..

 

Child care center means a facility, by whatsoever name known, which is maintained for the whole or part of a day for the care of children under the age of sixteen (16) years and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes facilities commonly known as day care centers, clay nurseries, nursery schools. kindergartens, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour care for dependent and neglected children and includes those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private or parochial college or school, Family care homes as defined under Section 26 0102, C,R.S., shall not be considered a child care center for purposes of this Article.

 

Employee means any person who provides any type of work for the benefit of another in consideration of direct or indirect wages or profit or who provides uncompensated work or services to a business or nonprofit entity.  Employee specifically includes any person described hereinabove, regardless of whether such person is referred to as an employee, contractor, independent contractor or volunteer or by any other designation of title.

 

Employer means any person, partnership or corporation, including public or municipal corporations, who employs the services of any

 

Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted from the prohibitions of Section 1330 of this Article. Entryway also includes the area of both and private property within a fifteenfoot radius outside of the front or main doorway.

 

Indoor area means any enclosed area or portion thereof. The opening windows ir doors or the temporary removal of wall panels does not convert an indoor area into outdoor area,

 

Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, conference rooms or employee cafeterias. A private residence is not a place of employment.

 

Public place means any enclosed area to which the public is invited, or which serves as a place of employment in which the public is permitted, including but not limited lo: banks, lobbies, education facilities, government offices, health facilities, reception or waiting areas, public rest rooms, restaurants, bars, retail stores, auditoriums, arenas, theaters, waiting rooms, hotel arid motel lobbies, retail service establishments, libraries, meeting rooms, recreational facilities, terminals or public conveyances. A private residence not utilized for a business to which the public is invited for business purposes, or as a child care center, is not a public place

 

Restaurant means an establishment which serves or offers food and/or beverages for sale to the public and includes, without limitation, coffee shops, cafeterias, bars, bakeries, sandwich shops, delicatessens, clubs or snack shops.

 

Smoking means the combustion in any cigar, cigarette, pipe or similar article of any form of tobacco or any other combustible substance in any form,

 

Theatre and auditorium means any enclosed area devoted to exhibiting motion pictures or presenting theatrical performances, lectures or like entertainment (Prior code 8.03.020: Ord. 1257, 2006; Ord. 1288 1, 2008)

 

Sec. 7330. Smoking prohibited.

 

Except as provided in Section 7360 below, smoking is unlawful and prohibited in any indoor area, including, but not limited to the following: elevators; governmentowned or operated means of mass transportation, including but not limited to buses, vans, gondola cars and trains; taxicabs and limousines; child care centers: gymnasiums; jury waiting and deliberation rooms: courtrooms; doctors' offices, hospitals and health care clinics or facilities: any place of employment that is not exempted: public meeting rooms; public restrooms: restrooms, lobbies, hallways and other common areas in public and private buildings, condominium other multipleunit residential facilities, retail stores and shops: public buildings: public schools: restrooms, lobbies, hallways and other common enclosed areas of hotels, motels, or other lodging facilities and in at least seventyfive percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests: bars; theaters; museums; libraries: entryways (as that term is defined in Section 7320 of this Chapter) of all buildings and facilities listed in this Section; and other businesses or facilities in which the public is invited, (Prior code 8.03.030; Ord. 1257. 2006: Ord. 1288 1 (2008)

 

Sec. 7-3-40. Regulation of smoking in places of employment.

 

(a) Smoking is prohibited in all places of employment, subject to those limited exceptions and conditions as set forth in this Section.

 

b) All employers shall adopt, implement and maintain a smoking policy which shall contain, at a minimum, the following elements:

 

I) Any employee in a place of employment shall be given the right to designate the area in which he or she works as a nonsmoking area.

 

(2) In any dispute arising in the workplace under the smoking policy, the health concerns of the nonsmoker shall he given precedence.

 

(c) An employee smoking policy as required by this section shall be communicated to all employees within three (3) weeks of its adoption or amendment.

 

(d) Notwithstanding the provisions of Subsections (a) and (f) of this Section, every employer shall have the right to designate any place of employment as a nonsmoking area.

 

(e) No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such an employee or applicant exercises any rights afforded by this Article.

 

Sec. 7-3-50. Posting of signs.

 

Because smoking is prohibited in all indoor areas, unless exempted, there is no requirement for the person who owns, manages, operates or otherwise controls the use of a premises to post No Smoking signs. However, the owner or manager of any place subject to the smoking prohibitions of Section 7330 above may post signs prohibiting smoking, including in areas that are otherwise exempt from the smoking prohibitions of the Clean Indoor Air Act. Such posting by an individual authorized to control said premises shall have the effect of including such place within the smoking prohibitions of Section 7330 above, (Prior code 8.03.050; Ord, 1257, 2006; Ord. 1288 1, 2008)

 

See, 73-60. Exceptions and variances.

 

(a) Smoking is not prohibited in private homes, private residences and private automobiles, except if any such home or residence is being used the child care or day care of if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation.

 

(b) Limousines under private hire.

 

(c) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twentyfive percent (25).

 

(d) Any retail tobacco business.

 

(e) The outdoor area of any business. (Prior code 803.060: Ord. 1257, 2006: Ord, 1288 I, 2008)

 

Sec. 7370. Enforcement and penalties.

 

(a) The Town Manager shall be responsible for compliance with this Article with regard to facilities which are owned, operated or leased by the Town.

 

(b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to Section 7330 of this Article.

 

(c) Smoking and the improper disposal of the unused remainder or any remnants from smoking, including what may be popularly termed cigarette butts, may result in an independent violation of Section 104100 of this Code if a person throws or leaves litter on any premises to which he or she does not have lawful possession. Such littering provisions apply to, among other things, all public sidewalks and rightsofway as well as all private areas, including entryways, covered by the provisions of the Clean Indoor Air Act. The provisions of this Article regarding littering are intended to be directly applicable to all owners, operators, managers or employees of any premises subject to the Clean Indoor Air Act.

 

(d) Owners, operators, managers or employees of any premises subject to Section 7330 of this Article shall be required to notify persons in violation of this Article of any of the provisions of this Article, The duty to so notify a violator shall arise when such person becomes aware of such violation. It is unlawful for a person who owns, manages, operates or otherwise controls the use of a premises subject to Section 7330 of this Article to violate or to otherwise permit any person to violate the provisions of the Clean Indoor Air Act.

 

 (e) Violation of any of the provisions of this Article is hereby declared to be a Class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200.00) for a first violation within a calendar year, a fine not to exceed three hundred dollars ($300.00) for a second violation within a calendar year and a fine not to exceed five hundred dollars ($500.00) for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation. Any citizen may register a written complaint for violation of this Article with the Town Marshal's office or the Town Manager.

 

(f) The Municipal Court shall transmit all such moneys collected for violations of the Clean Indoor Air Act, with the exception of any penalties for a nuisance violation described below, as follows: seventyfive percent (75%) of any such fine for a violation shall he transmitted to the Finance Director and the remaining twentyfive percent (25%) shall be transmitted to the State Treasurer, who shall credit the same to the General Fund.

 

(g) In addition to the enforcement options above described, a citizen may elect to treat a violation of the Clean Indoor Air Act as a public nuisance, which may be abated pursuant to the provisions of Article 2 of this Chapter. Any such citizen may commence at) action in Municipal Court by a summons and complaint to enforce the provisions of this Chapter pursuant to the procedures set forth in Article 2 of this Chapter.