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
4-11-3: GENERAL SMOKING RESTRICTIONS:
4-11-4: EXCEPTIONS TO SMOKING RESTRICTIONS:
4-11-5: OPTIONAL PROHIBITIONS:
4-11-6: OTHER APPLICABLE REGULATIONS OF SMOKING; LOCAL COUNTERPART
REGULATIONS AUTHORIZED:
4-11-7: UNLAWFUL ACTS; VIOLATIONS:
4-11-1:
PURPOSE:
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)
4-11-2:
DEFINITIONS:
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;
Auditoriums;
Bars;
Billiard
or pool halls;
Bowling
alleys;
Childcare
facilities;
Common
areas of retirement facilities, publicly owned housing facilities, and nursing
homes, not including any resident's private residential quarters;
Courtrooms;
Elevators;
Food
service establishments;
Government
owned or operated means of mass transportation, including, but not limited to,
buses, vans, and trains;
Grocery stores;
Gymnasiums;
Healthcare
facilities including hospitals, healthcare clinics, doctors' offices, and other
healthcare related facilities;
Indoor
sports arenas;
Jury
waiting and deliberation rooms;
Libraries;
Museums;
Other
educational and vocational institutions;
Public
and nonpublic schools;
Public
buildings;
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;
Theaters;
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)
4-11-8:
NONRETALIATION:
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)