Vail 1990

 

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.

 

VAIL

ORDINANCE NO. 6 SERIES OF 1990

AN ORDINANCE REPEALING AND REENACTING CHAPTER 8.32 OF TITLE 8

OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO EXPAND, STRENGTHEN, AND CLARIFY CODE PROVISIONS RELATING TO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT.

 

WHEREAS, studies by the Surgeon General of the United States, the National Academy of Sciences and other health organizations have linked passive exposure to tobacco smoke to a variety of negative health conditions in non-smokers; and

 

WHEREAS, the Town Council seeks to achieve a reasonable balance between the rights of smokers and non-smokers by regulating smoking in certain public places and places of employment; and

 

WHEREAS, it is in the interest of the public health, safety, and welfare that smoking be limited in the Town of Vail, Colorado.

 

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF

VAIL, COLORADO:

 

1. Chapter 8.32 Smoking in Public Places

 

8.32.010 Legislative Intent

Because the smoking of tobacco or any other weed or plant is a danger to health and is a cause of material annoyance and discomfort to those who are present in confined areas, the Town Council hereby finds, determines and declares it is necessary and beneficial to the protection of the public health, safety, and welfare to regulate smoking in certain public places.

 

8.32.020 Definitions

A. Employee

Employee means any person who is employed by any employer.

 

B. Employer

Employer means any person, partnership, or corporation, including a municipal corporation, who employs the services of any person(s).

 

C. Bar, Nightclub, Tavern

Bar, nightclub or tavern means any establishment primarily engaged in the business of selling or dispensing alcoholic or other beverages.

 

D. Health Care Facility

Health Care Facility means any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional or other medical, physiological or psychological conditions.

 

E. Place of Employment

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. A private residence is not a place of employment.

 

. Public Place

Public place means any enclosed area in which the general public is permitted, excluding the offices, work areas, employee cafeterias or lounges not generally entered by the public in the normal course of business for use of the premises. A private residence is not a public place.

 

G. Restaurant

Restaurant means any establishment or place within an establishment open to the public that offers food and beverages for consumption on the premises.

 

H. Retail Store

Retail store means any establishment whose primary purpose is to sell or offer for sale to consumer any goods, wares, merchandise, articles or food for consumption off the premises.

 

I. Smoking

Smoking means the lighting of any cigarettes, cigar or pipe, or the possession of any lighted cigarette, cigar, pipe, regardless of its composition.

 

J. Sports Arena

Sports arena means any indoor facility primarily used for sports, cultural or similar events.

 

K. Theater

Theater means any indoor facility primarily used for the exhibition of any motion picture, stage drama, musical recital, dance, lecture or other similar performance.

 

8.32.030 Smoking Prohibited

A. Smoking is prohibited in public places located in the following:

 

1. Health Care Facilities

 

2. Schools

 

3. Retail Stores

 

4. Childcare Centers

 

5. Banks

 

6. Theaters and Sports Arena, except when smoking is part of a theatrical production.

 

7. Laundromats

 

8. Post Offices

 

B. Smoking is prohibited in any building or vehicle owned or operated by the Town of Vail, Colorado.

 

C. Smoking is prohibited in elevators in buildings generally used by and open to the public including elevators in offices, hotels and multi-family buildings.

 

D. Smoking is unlawful in designated no smoking areas on places of employment as set forth in Section 8.32.050.

 

E. Smoking is prohibited in public places located in Restaurants if the owner or lessee of such places designates all or part of such places as non-smoking by signing the places as set forth in Section 8.32.070.

 

8.32.040 Smoking Permitted

Smoking is permitted in the following public places unless the owner or lessee of such places designates all or part of such places as non-smoking by signing the places as set forth in Section 8.32.070:

 

A. Restaurants

 

B. Bars, nightclubs, taverns

 

C. Assembly or Meeting Rooms - located in public places which may be rented by individual groups for their exclusive use.

 

8.32.050 Places of Employment

A. Within 60 days after the effective date of this ordinance the following requirements shall apply in places of employment:

 

(1) The employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of smoking and non-smoking employees; provided, however, that employers are not required to incur any expenses to make structural or physical modifications to accommodate individual preferences; if a satisfactory accommodation cannot be reached, the preferences of non-smoking employees shall prevail but not to the extent of requiring the expense of structural modifications;

 

(2) Smoking may be permitted in private, fully enclosed offices even though such offices may be visited in the normal course of business by non-smoking employees or occasionally by the public;

 

(3) Smoking shall be prohibited in auditoriums, meeting rooms, elevators, gymnasiums, medical facilities, conference rooms and rooms containing photocopying or other office equipment used in common by employees;

 

(4) The employer shall designate at least 50 percent of the seating capacity of cafeterias, lunchrooms and employee lounges as no smoking areas; provided, however, that if there are 2 or more lounges available for employee use, one entire lounge may be designated as a smoking area;

 

(5) The employer shall maintain a procedure to resolve employee disputes and objections arising under any smoking arrangement in the place of employment.

 

B. The employer is encouraged to adopt a written smoking policy within the suggested 60 days and to communicate any such policy to all employees within 3 weeks of its adoption.

 

C. Notwithstanding the provisions of this subsection A of this section, every employer shall have the right to designate any place of employment as a non-smoking area.

 

8.32.060 Discrimination or Retaliation Unlawful

It shall be unlawful for any employer, proprietor or person in charge of public places or places of employment regulated under 8.32.050 (5) 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.

 

8.32.070 Signs

To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, signs with letters not less than one inch in height or the international no smoking symbol not less than three inches in height shall be posted as follows:

A. In public places where smoking is prohibited in the entire public place by this ordinance or by the owner, proprietor or person in charge of a public place exercising his option to prohibit smoking in accordance with this ordinance, a sign using the words "No Smoking" or the international no smoking symbol, or both shall be posted within eye-level at all public entrances or at eye-level and within ten feet of every entry into the public place.

 

B. In public places where certain areas are designated as smoking areas pursuant to this

Chapter, the statement "No smoking except in designated areas" shall be conspicuously posted on all public entrances within eye-level or in a position at eye-level within ten feet of entry into the public place.

 

C. In public places where smoking is permitted in the entire building or area assigned using

the words "This area is a smoking area" in its entirety shall be conspicuously posted at eye-level either on all public entrances or at eye-level within ten feet of entry into the area or building.

 

8.32.080 Prohibited Smoking Areas

Smoking shall not be permitted and smoking areas shall not be designated in those areas where smoking is prohibited by the Fire Chief, State statute, ordinances, fire code regulations, or other regulations of the Town of Vail, Colorado.

 

8.32.090 Sale of Tobacco Products to Minors

The sale of tobacco in any form from any source to minors shall be prohibited. Anyone witnessed selling any tobacco product to a minor shall be subject to the penalties herein.

 

8.32.100 Penalty

The penalty for violation of any provision of this Chapter is a fine of not more than five hundred dollars ($500).

 

.32.110 Violations

The following acts constitute violations of this article:

(A) Smoking in a posted no smoking area;

 

(B) Failure to post a no smoking sign as required by this article;

 

(C) Willful destruction or defacement of a sign posted as required by this article;

 

(D) Sale of any tobacco product to a minor.

 

2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid.

 

3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof,

 

4. The repeal of the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein.