Thornton 1987

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.

THORNTON

C.D. NO. 86-280

ORDINANCE NO. : 1597

INTRODUCED BY: Thorne

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF THORNTON BY ADDING TO CHAPTER 33, PEACE AND GOOD ORDER, A NEW ARTICLE, TO BE KNOWN AS ARTICLE VIII, SMOKING IN PUBLIC PLACES; AND PROVIDING DEFINITIONS, SETTING OUT REGULATIONS, DESIGNATING CERTAIN REQUIRED SIGNS AND INFORMATIONAL DEVICES, DEFINING AND DESCRIBING UNLAWFUL ACTS, PROVIDING FOR ENFORCEMENT OF THE REGULATIONS HEREUNDER AND PROVIDING FOR PENALTIES UPON CONVICTION OF A VIOLATION OF THOSE REGULATIONS, AND OTHER DETAILS IN RELATION THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO:

ARTICLE VIII

SMOKING IN PUBLIC PLACES

Section 33-65. Legislative Intent.

It is the finding and declaration of the City of Thornton that the smoking of tobacco or any other plant or weed is a form of pollution and as such threatens the health, safety, comfort and environment of the general public.

Section 33-66. Smoking Restricted.

Smoking, as defined in Section 33-67, is prohibited in public places, common areas and places of employment, as defined in Section 33-67, not including tobacco stores, bars and taverns (WHEN SUCH BARS AND TAVERNS ARE SELLING AND SERVING ALCOHOLIC BEVERAGES, BUT THIS EXCEPTION FOR BARS AND TAVERNS SHALL NOT APPLY WHEN ALCOHOL IS NOT AVAILABLE FOR PURCHASE), and meetings sponsored by private persons or clubs, but may otherwise be allowed as provided in this Article VIII.

Section 33-67. Definitions.

COMMON AREA -- An enclosed area open to use or gatherings of the public, including any lobby, hallway, mall foyer, elevator, or restroom.

PLACE OF EMPLOYMENT -- Any enclosed or indoor area, not open to or used by the public, which serves as a place of work, but not including fully enclosed private offices.

PUBLIC ENTITY -- Any board, bureau, commission, department, institution, division or section of the federal, state, county or city government, or of school districts, special districts, or other regional governmental bodies.

PUBLIC PLACE -- Any enclosed, indoor area open to or used by the general public, including, but not limited to, restaurants, retail stores, including grocery and convenience stores, theaters, educational facilities, public conveyances, hospitals and health care facilities, libraries, auditoriums, and recreational facilities.

SMOKE or SMOKING -- Lighting any cigarette, pipe or cigar, or the physical possession of or exercise of control over any lighted cigarette, pipe or cigar, regardless of the composition of the burning material.

Section 33-68. Designation of Smoking Areas in Public

Places and Common Areas Permitted; Posting and Signage Requirements.

A. Smoking may be, but is not required to be, allowed by specific designation in a portion of any public place or common area, with the following exceptions:

1. Smoking shall be prohibited in elevators;

2. Smoking shall be prohibited in public restrooms;

3. Smoking shall be prohibited in theaters and auditoriums while a performance is in progress;

4. Smoking shall be prohibited in facilities owned or operated by a public entity in which a public meeting or hearing is being conducted throughout the duration of the meeting or hearing, including recesses therefrom, AND AT ALL TIMES IN ANY AREA DESIGNATED OR USED AS A CLASSROOM OF ANY KIND, INCLUDING LABORATORIES, GYMNASIUMS, INDUSTRIAL ART SHOPS, ETC.; AS WELL AS IN ANY CORRIDORS OR RESTROOMS AT ANY SCHOOL.

B. Smoking may be allowed in specific and identified areas pursuant to Subsection A of this

Section and the following restrictions:

1. Restaurants, cafes, and eateries seating fewer than thirty (30) persons may allow smoking throughout the seating area. The proprietor or manager of those restaurants seating thirty (30) or more persons which allow smoking shall specifically designate the smoking area. Except that, the proprietor or manager shall not designate the entire seating area as a smoking area. It shall be the responsibility of the proprietor or manager of those restaurants seating thirty (30) or more persons to accommodate non-smokers.

2. Smoking areas shall be designated by the owners, proprietor or person in charge of the premises and shall be clearly identified by signs as set forth in Subsection C of this Section.

C. The owner, proprietor or person in charge of a public place or facility containing common areas shall conspicuously post all entrances to the facility with a sign stating either the words "NO SMOKING" or "NO SMOKING EXCEPT IN DESIGNATED AREAS," as appropriate.

1. When certain smoking areas have been designated within a public place or common area, the proprietor or person in charge thereof shall conspicuously post those areas with a sign containing the words "SMOKING AREA" or the international smoking symbol.

2. The proprietor or person in charge of a public place or facility containing a common area listed in Subsection A of this Section shall conspicuously post those areas where smoking is prohibited with a sign stating "No SMOKING" or the international no smoking symbol.

3. The signs required to be posted pursuant to this Subsection C shall be clearly legible and shall be at least 93.5 square inches in size. Section 33-69. Designation of Smoking Areas at Place of Employment Allowed.

A. Smoking may be allowed by specific designation in a place of employment as follows:

1. An employer who receives a petition for designation of smoking areas signed by more than fifty percent (50%) of the permanent employees within a particular facility shall designate such smoking areas in a manner consistent with the employer's needs and requirements and within the physical limitations of the place of employment.

B. Nothing in this Section shall be construed to require the installation of physical barriers or additional ventilation equipment.

C. The employer shall conspicuously post all entrances to the place of employment with a sign stating either the words "NO SMOKING" or "NO SMOKING EXCEPT IN DESIGNATED AREAS," as appropriate, and shall post designated smoking areas pursuant to Section 33-68C.

Section 33-70. Discrimination or Retaliation Prohibited.

It shall be unlawful for any employer, proprietor or person in charge of common areas, public places or places of employment regulated under this Article VIII to discharge, discriminate against, or in any manner retaliate against any person who requests the designation of smoking areas or enforcement within no-smoking areas or designated smoking areas.

Section 33-71. Unlawful Acts.

It shall be unlawful for any person to knowingly violate any of the provisions of this Article VIII, including:

A. Smoking in any place of employment, public place or common area not designated and posted as a smoking area; or in any area in which smoking is prohibited under Section 33- 67.

B. For an employer, proprietor or person in charge of premises to fail to post or maintain the signs required pursuant to Section 33-68C. Section 33-72. Penalty. Any person found guilty of a violation of any provision of this Article VIII shall be punished by a fine of not less than twenty-five dollars ($25.) and not more than three hundred dollars ($300.).

Section 33-73. Enforcement of Article VIII.

It shall be the duty of the Code Enforcement Officers to enforce the provisions of Sections 33-68C and 33-69C of this Article VIII, and it shall be the duty of the Police Department Personnel who have enforcement authority to enforce all provisions of this Article VIII.

Section 33-74. Severability Clause.

If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance in each part or parts thereof respective of the fact that any one part or parts shall be declared invalid.

Section 33-75. Effective Date.

This ordinance shall become effective on January 1, 1987.