Winter Park 2009
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: (none)
Employee Retaliation Prohibited: (4-11-8)
Restaurants and Bars: (4-11-2) definitions of public places and smoking appear to prohibit smoking in cigar and hookah bars.
Building Entrances and Perimeters: (none)
Outdoor Places: (4-11-3 B1-3)
Winter Park Chapter 11
SMOKING IN PUBLIC PLACES
The purpose of this chapter is to protect the public health, safety, and welfare by prohibiting smoking in buildings open to the public or serving places of work, except in certain buildings where the council has determined that smoking should not be prohibited, and fixing the requirements of property owners in this regard. In addition, this chapter regulates access of minors to tobacco products. (Ord. 425, Series of 2009)
For the purpose of this chapter, the following definitions shall apply:
AUDITORIUM: The part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto.
BAR: Any indoor area that is operated and licensed under Colorado Revised Statutes 12-47, primarily for the sale and service of alcohol beverages for on premises consumption and where the service of food is secondary to the consumption of such beverages.
EMPLOYEE: A. Any person who:
1. Performs any type of work for the benefit of another in consideration of direct or indirect wages or profit.
2. Provides uncompensated work or services to a business or nonprofit entity.
B. Includes every person described in subsection A of this definition, regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title.
EMPLOYER: Any person, partnership, association, corporation, or nonprofit entity that employs one or more persons. Includes, without limitation, the judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency; or any other separate corporate instrumentality or unit of state or local government.
ENTRYWAY: The fifteen foot (15') radius outside of the front or main doorway leading into a building or facility that is not exempted under section 4-11-4 of this chapter.
ENVIRONMENTAL TOBACCO SMOKE (ETS) OR SECONDHAND SMOKE: The complex mixture formed from the escaping smoke of a burning tobacco product, also known as "sidestream smoke", and smoke exhaled by the smoker.
FOOD SERVICE ESTABLISHMENT: Any indoor area or portion thereof in which the principal business is the sale of food for on premises consumption. Includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short order cafes.
INDOOR AREA: Any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.
PLACE OF EMPLOYMENT: Any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.
PLAYFIELD: Any property set aside by the town for baseball, softball, football or other outdoor sports activities.
PUBLIC BUILDING: Any building owned or operated by:
A. The state, including the legislative, executive, and judicial branches of state government;
B. Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency; or
C. Any other separate corporate instrumentality or unit of the state or local government.
PUBLIC MEETING: Any meeting open to the public pursuant to Colorado Revised Statutes 24-6-402. PUBLIC PARK: Any town owned property designated by the town for use as either a passive or active park.
SMOKE FREE WORK AREA: An indoor area in a place of employment where smoking is prohibited under this chapter.
SMOKING: The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.
TOBACCO: Cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish, plug and twist tobacco; fine cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Includes cloves and any other plant matter or product that is packaged for smoking.
TOBACCO BUSINESS: A sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.
TRAIL: A marked or established path, paved or unpaved.
WORK AREA: An area in a place of employment where one or more employees are routinely assigned and perform services on behalf of their employer. (Ord. 425, Series of 2009)
4-11-3: GENERAL SMOKING RESTRICTIONS:
A. Except as provided in section 4-11-4 of this chapter and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not limited to:
Any place of employment that is not exempted; in the case of employers who own facilities otherwise exempted from this subsection, each such employer shall provide a smoke free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke;
Billiard or pool halls;
Common areas of retirement facilities, publicly owned housing facilities, and nursing homes, not including any resident's private residential quarters;
Food service establishments;
Government owned or operated means of mass transportation, including, but not limited to, buses, vans, and trains;
Healthcare facilities including hospitals, healthcare clinics, doctors' offices, and other healthcare related facilities;
Indoor sports arenas;
Jury waiting and deliberation rooms;
Other educational and vocational institutions;
Public and nonpublic schools;
Public meeting places;
Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least seventy five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests;
Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities;
Taxicabs and limousines;
Town owned motor vehicles;
Entryways of all buildings and facilities listed herein.
B. Except as provided in section 4-11-4 of this chapter and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any of the following public areas:
1. Anywhere within the boundaries of a public park.
2. Anywhere within the boundaries of a public playfield.
3. Anywhere within the boundaries of the town maintained trail system, including, but not limited to:
a. Fraser River trail. (Ord. 425, Series of 2009)
4-11-4: EXCEPTIONS TO SMOKING RESTRICTIONS:
A. The restrictions set forth in section 4-11-3 of this chapter shall not apply to:
1. Private homes, private residences, and private automobiles; except if any such home, residence, or vehicle is being used for childcare or daycare or if a private vehicle is being used for the public transportation of children or as part of healthcare or daycare transportation;
2. Limousines under private hire;
3. A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty five percent (25%);
4. Any retail tobacco business;
5. The outdoor area of any business;
6. A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees. (Ord. 425, Series of 2009)
4-11-5: OPTIONAL PROHIBITIONS:
A. The owner or manager of any place not specifically listed in section 4-11-3 of this chapter, including a place otherwise exempted under section 4-11-4 of this chapter, may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this chapter.
B. If the owner or manager of a place not specifically listed in section 4-11-3 of this chapter, including a place otherwise exempted under this subsection, is an employer and receives a request from an employee to create a smoke free work area as contemplated by subsection 4-11-3A of this chapter, the owner or manager shall post a sign or signs in the smoke free work area as provided in subsection A of this section. (Ord. 425, Series of 2009)
4-11-6: OTHER APPLICABLE REGULATIONS OF SMOKING; LOCAL COUNTERPART REGULATIONS AUTHORIZED:
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law. (Ord. 425, Series of 2009)
4-11-7: UNLAWFUL ACTS; VIOLATIONS:
A. It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this chapter to violate any provision of this chapter. For the purposes of this subsection "or otherwise controls the use of" shall include any person holding a special use permit or special event permit pursuant to title 7 of this code.
B. It is unlawful for any person to smoke in an area where smoking is prohibited pursuant to this chapter.
C. Violations of this chapter shall be punishable 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. (Ord. 425, Series of 2009)
No person shall retaliate in any manner against any person because such person exercises any right to a smoke free environment afforded by this chapter. (Ord. 425, Series of 2009)