Dilloposed Smoking Ordinance

ORDINANCE NO.  02-04 Series of 2004

AN ORDINANCE AMENDING CHAPTER 7, “HEALTH, SANITATION AND ANIMALS,” OF THE DILLON MUNICIPAL CODE BY ADDING A NEW ARTICLE VII, “INDOOR AIR QUALITY AND SMOKING REGULATIONS;” AND, SETTING FORTH DETAILS IN RELATION THERETO.

    WHEREAS, it is recognized by the Colorado Legislature, the scientific and medical community, the Surgeon General of the United States, and the public generally, that exposure to ambient smoke by smokers and nonsmokers in enclosed environments constitutes not only an unpleasant irritant to nonsmokers, but a real and significant health risk to persons who choose not to smoke; and,

    WHEREAS, the Town Council of the Town of Dillon, Colorado has the authority to adopt legislation to preserve the health, safety, and welfare of the residents, workers, and visitors of the Town, and has determined that it is in the best interest of the citizens of the Town to amend the Dillon Municipal Code as set forth herein below.

    NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DILLON, COLORADO, AS FOLLOWS:

    Section 1.    That Chapter 7, “Health, Sanitation and Animals,” of the Dillon Municipal Code is hereby amended to add a new Article VII, “Indoor Air Quality and Smoking Regulations,” to read as follows:

ARTICLE VII    INDOOR AIR QUALITY AND SMOKING REGULATIONS

Sec. 7-7-10        Definitions.

    The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

    Enclosed area shall mean all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) that extend from the floor to the ceiling, including all space therein screened by partitions which to not extend to the ceiling or are not solid, office landscaping or similar structures.

    Private Club means any establishment without a liquor license that has a defined membership and restricts admission to members of the club and their guests, or any establishment that holds a “club” liquor license pursuant to C.R.S. § 12-47-416.  A Private Club is considered a “Public Place” when functions are held at the club to which the public is invited or in which the public is permitted.  “Private Club” shall not include an establishment that is open to members of the general public upon payment of a nominal fee.

    Public place shall mean any enclosed area to which the public is invited or in which the public is permitted, including public transportation vehicles, and including all Town vehicles and Town enclosed governmental facilities.  Public place shall not include a private club, private residences or private vehicles, except that when a private residence is used as a licensed childcare facility, then smoking is prohibited during business hours in all areas of the private residence where childcare` is provided.

    Smoke or smoking shall mean inhaling, exhaling, burning or carrying any lighted cigar, cigarette or pipe.

Sec. 7-7-20        Findings; purpose.

The Town Council finds and declares that the purposes of this Article are (1) to protect the public health and welfare by prohibiting smoking in public places; (2) to advance the right of all persons to breath smoke-free air; and (3) to recognize that the need to breathe smoke-free air shall have priority in public places over the desire to smoke.

Sec. 7-7-30        Smoking prohibited in public places.

    Smoking shall be prohibited in all public places, in all Town-owned and operated facilities, and on the amphitheatre premises during public use of the amphitheatre.

Sec. 7-7-40        Smoking prohibited at entry to public places.

    In order to prevent smoke from entering any area where smoking is prohibited, no person shall smoke within a distance of twenty (20) feet from the primary or main entrance or passageway of any public place or area where smoking is prohibited, unless such person is passing through the twenty foot area referred to herein to extinguish smoking materials in the process of entering through the entrance or passage way.  

Sec. 7-7-50        Posting of signs.

    The owner, operator, manager, and other persons in control of a public place shall be responsible for posting and maintaining “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it) clearly and conspicuously at every entrance of every public place required or declared to be smoke-free under this Article.

Sec. 7-7-60        Enforcement.

    (a)    Enforcement of this Article shall be implemented by the Town Police Department, under the supervision of the Town Manager or his or her designee.

    (b)    Any citizen may register a complaint of alleged violation of this Article by filing a sworn complaint with the Town Police Department, the Town Manager or his or her designee.


Sec. 7-7-70        Violations and penalties.

    (a)    It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place subject to regulation under this Article to fail to comply with any of its provisions.

    (b)    It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article.

    (c)    Any person who violates any provision of this article shall be guilty of an infraction, punishable by:

i.    A fine not exceeding one hundred dollars ($100) for a first violation.

ii.    A fine not exceeding two hundred dollars ($200) for a second violation.

iii.    A fine not exceeding five hundred dollars ($500) for each additional violation of this Ordinance.

    (d)    Each day of continuing violation of subpart (a) herein above shall be deemed to be a separate violation.  Each separate smoking incident in violation of subpart (b) herein above shall be deemed to be a separate violation regardless of when it occurs.

Sec. 7-7-80        Other applicable laws, voluntary prohibitions.

    (a)    This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

    (b)    Notwithstanding any other provision of this Article, any owner, operator, manager or other person in control of any establishment or property not otherwise required to prohibit smoking pursuant to the Article may prohibit smoking in such establishment or property.

    Section 2.    Severance Clause. If an article, section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance.  The Town Council of the Town of Dillon, Colorado hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts may be declared invalid or unconstitutional.

    Section 3.    Repeal. All other ordinances, or parts of any ordinances or other Code provisions in conflict herewith are hereby repealed.

    Section 4.    Effective Date.   This Ordinance shall take effect on June 1, 2004.

For more information call (970) 468-2403