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Home My WebLink AboutOrdinance-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. 2 (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 3 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 4 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 5