HomeMy WebLinkAboutOrdinance-1986-0685INTRODUCED BY COUNCILMEMBER Keller
ordinance No. 685
Series of 1986
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, COLORADO, BY ADDING THERETO CHAPTER 19,
SMOKING REGULATIONS, WHICH CHAPTER CONTAINS REGULATIONS
RELATING TO SMOKING WITHIN VARIOUS COMMON AREAS, PUBLIC
AND WORK PLACES, AND WHICH PROHIBITS THE SALE OF
CIGARETTES TO PERSONS UNDER THE AGE OF SIXTEEN (16)
YEARS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. The Code of Laws of the City of Wheat, Colorado,
is hereby amended by adding thereto the following Chapter 19,
Smoking Regulations:
Chapter 19. Smoking Regulations.
Article I. Smoking in Public Places.
Section 19-1. Short title.
This article may be known and may be cited as the "Wheat
Ridge No Smoking Ordinance."
Section 19-2. Legislative intent.
The City Council finds, determines, and declares that the
smoking of tobacco or of any other plant or weed in certain areas
is a form of air pollution that threatens the health, safety, and
welfare of the public. The City Council deems it necessary to
regulate smoking in common areas, public places, and work places,
except as smoking is otherwise permitted in designated
smoking-permitted areas by this article. The provisions of this
article shall not apply to an individual dwelling as defined in
528(A)(7), (8) and (9) of Appendix A of this Code of Laws.
Section 19-3. Definitions.
As used in this article, the following words are defined as
follows:
(1) "Common area" means any lobby, mall, or hallway open
or accessible to members of the public who enter such
common area as invitees.
(2) "Employee" means person who is paid a wage or salary by
an employer and who works in the enclosed premises of
an employer.
(3) "Employer" means any person, partnership, corporation,
association, or other entity, and the owner, manager,
person in charge or proprietor thereof, engaged in a
business, occupation, profession or trade, whether or
not said business, occupation profession or trade is
conducted for profit, and includes any public or
governmental entity.
(4) "Enclosed premises" means a building or structure
comprised of a roof, four walls, and a means of ingress
and egress.
(5) "Public place" means any enclosed, indoor facility or
area that is open to members of the public who enter
such facility as invitees, including but not limited to
mercantile establishments, restaurants, theaters,
financial institutions, educational facilities,
hospitals, health care facilities and institutions,
libraries, auditoriums, arenas, assembly or meeting
rooms, public conveyances, governmental buildings,
office buildings, restrooms, elevators, child care
centers, and waiting rooms of professional persons.
(6) "Work area" means any enclosed premises occupied
principally by employees.
(7) "Smoke" or "smoking" means the possession of a lighted
cigarette, cigar, or pipe containing tobacco or other
organic burning matter, regardless of its composition,
or the lighting of such cigarette, cigar, or pipe by
any person.
Section 19-4. Smoking permitted in certain places.
Smoking is permitted in the following places:
(1) Designated smoking-permitted areas.
(2) The licensed premises of any establishment issued a
license to sell fermented malt beverages for
consumption on the premises, as provided in the
Colorado Beer Code.
(3) The licensed premises of any establishment issued a
beer or wine license, tavern license, or club license
as provided in the Colorado Liquor Code.
(4) Retail stores primarily engaged in the sale of tobacco
or tobacco accessories.
(5) Restaurants with a seating capacity of thirty (30) or
fewer patrons.
(6) Enclosed premises occupied exclusively by smokers.
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(7) Meetings or assemblies not open to members of the
public; provided, however, that no such meeting or
assembly is conducted in a public place.
Section 19-5. Smoking prohibited.
(a) It shall be unlawful for any person to smoke in any
common area, public place, or work area, except as otherwise
expressly permitted by this article.
(b) The following are hereby designated as
"smoking-permitted" areas:
(1) In common areas, an area of sufficient size, in the
discretion of the owner, lessee, principal manager, or
person in charge, to accommodate patrons, customers and
employees who wish to smoke, provided that an area not
exceeding 40% of the total common area is so designated
as a smoking-permitted area;
(2) In restaurants with a seating capacity of over thirty
(30) persons, the owner, proprietor, or person in
charge shall designate a smoking-permitted area of
sufficient size to accommodate, without unreasonable
delay, patrons who request to be seated in such a
smoking-permitted area. A delay shall be deemed
reasonable if it is equal for smokers and non-smokers;
(3) In work areas, an area of suffic
discretion of the owner, lessee,
person in charge, to accommodate
smoke, provided that an area not
total work area is so designated
area.
SECTION 19-6. Posting of signs.
ient size, in the
principal manager, or
employees who wish to
exceeding 40% of the
as a smoking-permitted
To advise persons and employees of the existence of no
smoking or smoking permitted areas, signs with lettars no less
than one inch high or symbols of no less than three inches high
shall be posted as follows:
(1) No owner, lessee, principal manager, or person in
charge of a common area, public place, or work area
where smoking is prohibited in an entire establishment
shall fail to post a sign using the words "no smoking"
or the international no-smoking symbol conspicuously
either on all public entrances or in a position clearly
visible upon entry into the public place.
(2) No owner, lessee, principal manager, or person in
charge of a public place where certain areas are
designated as smoking areas pursuant to this article
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shall fail to post a sign using the words "no smoking
except in designated areas" conspicuously either on all
public entrances or in a position clearly visible on
entry into the public place.
(3) No employer in charge of work areas where smoking is
permitted shall fail to post a sign using the words "no
smoking except in designated areas" in a conspicuous
place within the work area.
(4) No employer in charge of work areas where smoking is
prohibited in an entire work area shall fail to post a
sign using the words "no smoking" or the international
non-smoking symbol in a conspicuous place within the
work area.
Section 19-7. Discrimination or retaliation prohibited.
It shall be unlawful for any employer, proprietor_ or person
in charge of common areas, public places or places of employment
regulated under this article to discharge, discriminate against,
or in any manner retaliate against any person who requests the
designation of smoking areas and/or the enforcement of the
provisions of this article.
Section 19-8. Penalties for violation.
Any person, employer, individual, association, partnership,
corporation or any other entity violating any provision of this
article shall be guilty of a misdemeanor, and, upon conviction of
such violation, shall be subject to a fine of not less than
twenty-five (25) nor more than five hundred dollars ($500.00).
Each day of a continuing violation shall be deemed to be a
separate violation and shall be punishable as such.
Article II. Sale of Cigarettes to Minors Prohibited.
Section 19-9. It shall be unlawful for any person,
individual, association, partnership, corporation, or any other
entity to sell, give or distribute cigarettes to any person under
the age of sixteen (16) years.
Section 19-10. Any person, individual, association,
partnership, corporation or any other entity violating the
provisions of Section 19-9 shall be guilty of a misdemeanor, and,
upon such violation, shall be subject to a fine of not less than
fifty dollars ($50.00) nor more than nine hundred ninety nine
dollars ($999.00), which fine may not be suspended in whole or
any part.
Section 2. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
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by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4. This ordinance shall take effect day(s)
after_ final publication.
INTRODUCED, READ, AND ADOPTED on first
_2 to n on this qth day of
ordered published in full in a newspaper of
in the City of Wheat Ridge and Public Heari
on final passage set for Qrtnher 1g_
7:30 o'clock p.m., in the Council Chambers,
Avenue, Wheat Ridge, Colorado
reading by a vote of
amhar , 1986,
general circulation
ng and consideration
, 1986, at
7500 West 29th
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of g to -(1 this 1,1th day of October
1986.
SIGNED by the Mayor on this 14th day of nrtoher
1986.
Frank Stites, Mayor
ATTEST:
Wanda Sang, City erk
1st Publication: 9/11/86
2nd Publication: 11/6/86
Wheat Ridge Sentinel:
Effective Date: 11/7/86
APPROVED
OFFICE Q~'
John E. Hayes
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