GASP - Ordinance Detail

ORDINANCE NO. 10 - 2001

AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF

ALAMOSA, COLORADO, CONSISTENTLY WITH THE APPROVAL OF THE CITY’S ELECTORATE, IF OBTAINED, SO AS TO PROHIBIT TO SMOKING IN ENCLOSED PUBLIC PLACES, EXCEPT LICENSED TAVERNS, TO DECLARE UNLAWFUL A VIOLATION OF THIS ORDINANCE, ALL PURSUANT TO RESOLUTION 16-2001, ADOPTED JULY 18, 2001

WHEREAS, City Council passed Resolution 16-2001, on July 18, 2001, posing the following ballot question to the City’s electors:

SHALL THE CITY COUNCIL OF THE CITY OF ALAMOSA, COLORADO, PASS AN ORDINANCE PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES, EXCEPT TAVERNS, AS DEFINED IN THE COLORADO LIQUOR CODE, AND MAKING IT UNLAWFUL TO VIOLATE SUCH PROHIBITION?

AND WHEREAS, City Council desires to adopt the ordinance contemplated by Resolution 16-2001 in advance of the election to be held November 6, 2001, at which said ballot question is posed, in order that: the contents of the ordinance will be available for examination by the electorate during the election campaign; the ordinance will take effect without further action by City Council should the ballot question be approved; the ordinance will be the responsibility of the same City Council--i.e. comprising the same councilors-- who adopted said Resolution 16-2001;

NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Alamosa, Colorado:

Section 1. Amendment. The Code of Ordinances of Alamosa, Colorado is

hereby amended by dividing Article IV, Offenses Against Persons, into two Divisions. The existing Sections 11-61 through 11-63 shall be designated “Division 1". Sections 11-64 through 11-67 shall remain reserved for Division 1. The second Division, designated “Division 2,” shall include Sections 11-68 through 11-73 below.

Section 2. Amendment. The Code of Ordinances of Alamosa, Colorado is hereby amended by adding a section, to be numbered 11-68, to read as follows:

Sec. 11-68. Definitions. The following words when used in this Chapter, shall have the meanings ascribed to them:

Building means any structure enclosed for protection from the weather, whether or not windows or doors are open. If a person leases or possesses only a portion of a building, the term building applies to the leasehold or possessory interest as well as to an ownership interest.

Dwelling means any place used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, a hotel or motel room or suite or a hospital, hospice or nursing home room, but not the lobby, common elevator, common hallway, or other common area of a hotel, motel, hospital, hospice or nursing home lobby.

Public, when used to describe or identify a building, means a building which is wholly or partially accessible for use by the public at will during hours of patronage, whether or not the use by the public is for commercial or non-commercial purposes.

Section 3. Amendment. The Code of Ordinances of Alamosa, Colorado is hereby amended by adding a section, to be numbered 11-69, to read as follows:

Sec. 11-69. Smoking Prohibited Within Public Buildings.

(a) No person shall smoke within any public building, except:

(1) Within any dwelling this prohibition applies only to a lobby, common elevator, common hallway, or any other common area of a building containing attached dwelling units, hotel rooms or motel rooms; this prohibition does not apply to portions that are not public.

(2) In a designated smoking area posted as such in a tavern, as provided in Section 11-70 “Smoking Areas in Taverns;”

(3) In a building or on property which is not subject to regulation by the City of Alamosa to the extent that the doctrine of sovereign immunity applies, such as a property occupied by the state of Colorado, the United States government, Alamosa County, or the Alamosa School District, and which was not designated as a no-smoking area by the manager of such area.

(b) Nothing in this Chapter shall prevent an owner, lessee, primary manager or person in control of any place, including, without limitation, any motor vehicle, outdoor area, or dwelling, from prohibiting smoking completely in such place. Within a place so restricted, it shall be unlawful to fail, neglect, or refuse to abide by such a private prohibition.

Section 4. Amendment. The Code of Ordinances of Alamosa, Colorado is hereby amended by adding a section, to be numbered 11-70, to read as follows:

Sec. 11-70. Smoking Areas in Taverns.

The owner, lessee, principal manager, or person in control of a tavern may designate one or more smoking areas or the entire facility as a smoking area so long as the smoking permission, if any, is posted in accordance with the provisions of Section 11-71 of this Chapter.

Section 5. Amendment. The Code of Ordinances of Alamosa, Colorado is hereby amended by adding a section, to be numbered 11-71, to read as follows:

Sec. 11-71. Signs Required to be Posted.

(a) To advise persons of the existence of the no-smoking prohibition established in this Chapter, no owner, lessee, primary manager, or person in control of a public building shall fail to post signs as follows:

(1) Where smoking is prohibited in the entire facility, a sign using the words “No Smoking,” or the international “no-smoking” symbol shall be posted conspicuously either on all public entrances, or in a position clearly visible on entry into the building or establishment.

(b) To advise persons of the existence of “Smoking Permitted” areas in taverns, no owner, lessee, primary manager, or person in control of a tavern shall fail to post signs as follows:

(1) Where smoking is permitted in the entire tavern facility, a sign using the words “Smoking Permitted, “ or the international “Smoking Permitted” symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building or establishment.

(2) In a tavern where certain areas are designated as smoking areas pursuant to this chapter, a sign using the words “No Smoking Except in Designated Areas” shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building.

Section 7. Amendment. The Code of Ordinances of Alamosa, Colorado is hereby amended by adding a section, to be numbered 11-73, to read as follows:

Sec. 11-73. Violations Declared.

It shall be unlawful to violate any of the provisions of this Division 2 of Article IV of Chapter 11 of this Code.

Section 8. Repealer. All acts, orders, ordinances, resolutions, or portions thereof in conflict herewith, are hereby repealed to the extent of such conflict.

Section 9. Recording and Authentication. This ordinance, immediately upon its passage, shall be authenticated by the signatures of the Mayor and City Clerk, recorded in the City Book of Ordinances kept for that purpose, and published according to law.

Section 10. Effective Date. This ordinance shall take effect upon the later of: twenty (20) days after publication following electorate approval, which shall be the effective date of final passage, or January 1, 2002.

Section 11. Declaration of Public Interest. This ordinance is necessary to preserve the peace, health, safety, welfare, and to serve the best interest of the citizens of the City of Alamosa, Colorado.

INTRODUCED, READ AND ORDERED published the 5th day of September, 2001, and a public hearing hereon fixed for the 19th day of September, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard.

APPROVED, AND ADOPTED after public hearing the 19th day of September, 2001.

CITY OF ALAMOSA

By__________________________

Farris J. Bervig, Mayor

ATTEST:

____________________________

Judy A. Egbert, City Clerk