Trinidad 1986

 

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 local law is generally weaker than the state law.

TRINIDAD ORDINANCE NO. 1306

AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF TRINIDAD, COLORADO, BY ENACTING A NEW ARTICLE 7 THERETO PROVIDING FOR REGULATION OF THE SMOKING OF TOBACCO AND TOBACCO PRODUCTS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TRINIDAD, COLORADO, that:

Chapter 13 of the Code of Ordinances of the City of Trinidad, Colorado, is hereby amended by the addition of a new ARTICLE 7 thereto, to read as follows:

ARTICLE 7

SMOKING IN PUBLIC PLACES

AND PLACES OF EMPLOYMENT

SEC. 13-86. Legislative Intent

In order to serve the public health, safety and general welfare, it is the declared purpose of this Article to prohibit smoking in areas which are used or open to the public unless such areas are designated as smoking areas pursuant to this Article.

SEC. 13-87. Definitions

As used herein, the following terms shall be defined as follows:

a)         "Tobacco" shall mean any part or portion of any plant belonging to the genus Nicotiana including but not limited to N. tobacum, and including all processed forms of such plant and products derived therefrom.

b)         "Smoking" and "smoke" shall mean the act of smoking tobacco or possessing tobacco which is currently undergoing combustion.

c)         "Smoking Product" shall mean any cigar, cigarette, pipe or other smoking device containing tobacco.

d)         "Public Building" shall mean any building or enclosed structure providing shelter which is owned, leased or controlled by any local, state or federal public entity. Any place of public accommodation which is operated by or for a public entity within a public building shall be subject to the requirements of this Chapter applicable to public buildings rather than the requirements applicable to places of public accommodation.

e)         "Places of Public Accommodation" shall mean all buildings generally open to the use of the public without special invitation including but not limited to the public areas of schools, institutions of higher education, churches, restaurants, retail stores, theaters, elevators, public conveyances, recreational facilities, hospitals, nursing homes, auditoriums, ice arenas, roller rinks, grocery stores, showrooms and jails.

f)          "Designated Employer" shall mean any employer who has elected to prohibit smoking in his place or places of employment and any other employer who has received a petition in writing signed by more than 50% of his current employees requesting that smoking be prohibited in the place or places of employment.

g)         "Tavern" shall mean an establishment licensed to sell malt, spirituous or vinous liquors or fermented malt beverages for consumption on the premises under the laws of the State of Colorado except the term shall not include those establishments selling such liquors or beverages under a "hotel-restaurant license" or merely ancillary to a restaurant business.

h)         "Designated Smoking Area" shall mean an area of any public building, place of public accommodation or place of employment of a designated employer which the public or private owner, lessee or employer has designated as an area in which smoking is allowed.

i)          "Public Meeting" shall mean all meetings open to the public with or without special invitation and conducted by governmental entities or by civic organizations for public or civic purposes.

SEC. 13-88. Smoking Prohibited; Penalties

a)         No person shall, except in a designated smoking area, smoke or carry a lighted smoking instrument in any public building or place of public accommodation or at any public meeting.

b)         Any person who smokes or possesses a lighted smoking instrument within any area where prohibited or posted as a "No Smoking" area pursuant to or under the authority of this Chapter commits a municipal violation and upon conviction thereof shall be punished by a fine of not more than $100.00.

SEC. 13-89. Public Buildings; Designated Smoking Areas

a)         A public entity may designate areas in public buildings where smoking is permitted. Such areas shall not be designated in common areas shared with non-smokers, such as lobbies and hallways, unless such common areas exceed 5,000 square feet. In such event, the designated smoking area of a lobby, hallway or other common area shall not exceed 25% of the total area of such lobby, hallway or other common area. In no event shall a designated area be located in elevators or restrooms, nor any location where smoking is otherwise prohibited by applicable fire, building or safety codes or regulations.

b)         A public entity may also designate as smoking areas employee offices in work places, lounges, conference rooms and cafeterias in a public building which are occupied by employees provided such offices are not generally open to the public.

SEC. 13-90. Places of Public Accommodation; Designated Smoking Areas

a)         Smoking areas may be designated in places of public accommodation except in retail stores, grocery stores, public conveyances, theaters, auditoriums, restrooms, elevators, libraries, museums or galleries and where prohibited by applicable fire, building or safety codes or regulations. The owner or proprietor of all places of public accommodation in which smoking areas may be designated shall nevertheless provide a "No Smoking" area of sufficient size to accommodate patrons who request to be seated or served in a no smoking area.

b)         Whenever possible, designated smoking areas shall be located in connection with physical barriers and ventilation systems so as to minimize migration of smoke into no smoking areas. In the case of places of public accommodation which consist of a single room an owner or proprietor shall be considered to be in compliance with this section if one side of the room is established as a no smoking area.

c)         Notwithstanding anything in this Chapter, an owner or proprietor may prohibit smoking in the entire place of public accommodation.

SEC. 13-91. Places of Employment

a)         An employer who has become a designated employer by virtue of having received a petition signed by more than 50% of his full time employees requesting a non-smoking area shall designate within the place of employment the areas where smoking is prohibited and such designated smoking areas as the employer determines are appropriate. In making such area designations, designated employers shall make reasonable efforts to provide a smoke free work area for all employees who request same, and shall make reasonable efforts to separate smoking and non-smoking areas so as to reduce smoke migration into non-smoking areas, consistent with the employer's needs, requirements and the physical limitations of the place of employment. An employer who in good faith develops and promulgates a policy regarding smoking and no smoking areas in the place of employment shall be deemed to be in compliance with this section.

b)         Notwithstanding anything in this Chapter, an employer may elect to prohibit smoking in the entire place of employment.

SEC. 13-92. Areas Where Smoking Permitted

Unless otherwise posted by the owner or proprietor or unless otherwise prohibited by other applicable fire or safety codes or regulations, smoking shall be permitted in the following places or areas:

a)         Tavern and night clubs;

b)         Hotels, restaurants, cafes, and eateries with seating capacity for less than twenty (20) patrons;

c)         Tobacco shops and retail establishments which derive more than 50% of their gross revenue from the sale of tobacco products, smoking instruments and accessories related thereto;

d)         Rooms or halls being used by a person or group for a social or business function where the seating arrangements are under the control of the sponsor of the function.

e)         Private homes, clubs and other places not generally open to the public; and

f)          Areas designated pursuant to the Chapter as smoking areas in public buildings, places of public accommodation and places of employment of designated employers.

SEC. 13-93. Signs

Signs advising of areas where smoking is prohibited and of areas where it is permitted or designated smoking areas exist shall be posted as follows:

a)         In public buildings and places of public accommodation where the owner, proprietor or person in charge prohibits smoking in the entire establishment, a sign using the words "No Smoking" and/or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment.

b)         In public buildings and places of public accommodation where certain areas are designed as smoking areas pursuant to this Chapter, the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment.

c)         In places of public accommodation where smoking is permitted in the entire establishment, a sign using the words "Smoking Permitted" and/or the international smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment.

INTRODUCED, READ AND ORDERED PUBLISHED this 7th day of October, 1986.

FINALLY PASSED AND APPROVED this 21st day of October, 1986.

DR. RONALD D. SANDERS, Mayor

ATTEST:

LILA VALDEZ, City Clerk