HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/01/2014 - FIRST READING OF ORDINANCE NO. 098, 2014, AMENDINGAgenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Beth Sowder, Neighborhood Services Manager
SUBJECT
First Reading of Ordinance No. 098, 2014, Amending Article III of Chapter 12 of the City Code Pertaining to
Smoking in Public Areas.
EXECUTIVE SUMMARY
The purpose of this item is to propose expansions to the City’s Smoking Ordinance to include electronic
smoking devices and 100% smoke-free hotel/motel rooms.
This item proposes two City Code amendments to expand the City’s Smoking Ordinance:
1. Prohibit the use of electronic smoking devices in all places where conventional smoking is prohibited.
2. Require 100% of hotel/motel rooms to be smoke-free.
This item provides background information, community feedback, and information about actions taken in other
communities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
History
In 1984, Fort Collins was the first city in Colorado to pass a comprehensive smoking ordinance. The ordinance
limited smoking in public buildings and required restaurants to have no-smoking sections. In 2003, Fort Collins
was one of the first communities in Colorado to designate bars, restaurants, and workplaces as smoke-free.
The Fort Collins’ Smoking Ordinance was amended in 2006 to conform to the Colorado Indoor Clean Air Act
which helped the community regulate smoking in all indoor public places. Fort Collins expanded the smoking
ordinance in 2013 to prohibit smoking in outdoor dining areas, bar patios, and Transfort’s public transit
facilities.
During the April 8, 2014 City Council Work Session regarding additional smoking ordinance expansion options,
Council directed staff to move forward with the following:
1. Prohibit the use of electronic cigarettes and vaporizing devices in all places where conventional smoking is
prohibited
2. Require 100% hotel/motel rooms to be smoke-free.
3. Ban smoking in all parks, trails, and natural areas.
4. Prohibit smoking at public events and festivals.
5. Make Old Town/Downtown area smoke-free.
Agenda Item 21
Item # 21 Page 2
This item focuses on the first two items - electronic cigarettes and vaporizing devices and 100% hotel/motel
rooms. The other items are scheduled for City Council consideration on October 7, 2014.
1. Electronic Smoking Devices
Electronic smoking devices are not currently regulated within the city. This proposal adds electronic smoking
devices to the smoking ordinance banning their use from all areas where conventional smoking is prohibited.
This includes bars, restaurants, workplaces, outdoor dining areas, bar patios, and transit facilities.
The Food and Drug Administration (FDA) is beginning to consider regulation of electronic smoking devices.
They have recently proposed regulations that would require registration with the FDA, not allowing free
samples, minimum age requirements, and ingredient disclosure. They are currently in a 75 day public
comment period.
Electronic cigarettes or vaporizers are devices that vaporize and deliver to the lungs of the user a chemical
mixture composed of nicotine, propylene glycol and other chemicals. (See Attachment 1) Some e-devices are
offered without nicotine, and some are offered in candy or fruit flavors that can be attractive to youth. When
users inhale, a battery operated vaporizer heats a liquid solution into a vapor. E-devices are also being used
with highly concentrated marijuana oil or wax, and may provide a discreet way of using marijuana in public
settings. While vapor from electronic devices likely contain fewer toxins and carcinogens than those found in
traditional tobacco smoke, this alone does not mean that breathing e-cigarette vapor is “safe.” One recent
study examined secondhand emissions from several e-cigarette brands and found that e-cigarette users not
only ingest but also emit toxins and harmful ultrafine and fine particles, posting potential health risks to those
nearby.
Although the long-term effects of electronic smoking devices require further study, the FDA has found that
some devices contain toxins and carcinogens and has expressed concerns about their safety. Use of
electronic devices and vaporizers, particularly in places where conventional smoking is prohibited, may
interfere with smokers’ attempts to quit by making it easier for them to maintain their nicotine addiction.
Children and youth who experiment with electronic devices may become addicted to nicotine and ultimately
switch to smoking cigarettes. Even small amounts of liquid nicotine used in refillable devices can be
poisonous to children.
The use of electronic smoking devices may be visually similar to the smoking of cigarettes, and has already
been observed in locations where smoking is prohibited, creating concern and confusion. The use of
electronic smoking devices where smoking is prohibited may increase the social acceptability and appeal of
smoking, particularly for youth. Staff has spoken with several bar and restaurant managers who have
confirmed electronic smoking devices being used in their establishments. Some have decided not to allow
their use in their establishment, while others are waiting for direction from the City.
Several state and local governments have decided to regulate the use of electronic smoking devices
(Attachment 2):
• Utah, New Jersey, and North Dakota - passed legislation prohibiting e-cigarettes wherever regular
smoking is banned
• 10 States (including Colorado) - passed legislation regulating e-cigarette use in certain places such as
school property and State workplaces
• Nationally, 172 municipalities (including large metropolitan cities like New York and Chicago) include e-
cigarettes in their local smoking ordinances.
The Fort Collins smoking survey conducted in March 2014 (See Attachment 3) had more than 2,100
respondents and asked: Do you think electronic smoking devices should be regulated in the same manner as
regular smoking products? The results show:
Agenda Item 21
Item # 21 Page 3
• Yes 48%
• No 30%
• No Opinion 22%
Additionally, the City hosted a public open house to gather more input. Approximately, 35 people provided
input either in person or in writing. (See Attachment 4) The input regarding electronic smoking devices were
mixed with some people in favor of regulating them while others opposed regulation because of the lack of
evidence showing negative health impacts to bystanders.
The TobacNO Youth Coalition provided a statement of support to limit public use of e-cigarettes (Attachment
5).
Additionally, the Larimer County Board of Health voted to support adding electronic smoking devices to the
city’s smoking ordinance (Attachment 6).
2. 100% Hotel/Motel Rooms
The current Fort Collins Smoking Ordinance aligns with the Colorado Clean Indoor Air Act, requiring at least
75% of hotel or motel rooms to be non-smoking. Additionally, the City’s smoking ordinance prohibits smoking
within 20 feet of any entryway; all other outdoor areas are not required to be smoke-free. If Council chooses to
adopt it, this proposal would require 100% of hotel/motel rooms be smoke-free. The primary benefit of this
requirement would be to protect hospitality industry workers who may have considerable exposure as well as
other patrons.
In 2006, the U.S. Surgeon General’s report determined there was no risk-free level of secondhand smoke.
The 2014 Surgeon General’s report expanded the list of diseases and adverse health effects caused by
secondhand smoke and, for the first time, linked secondhand smoke exposure to strokes in adults. Tobacco
smoke exposure is especially dangerous for the health of children, pregnant women, and persons with chronic
diseases who might visit local hotels/motels as well as hospitality workers who may have considerable
exposure during work.
Of recent concern is third-hand smoke, the tobacco residue from cigarettes, cigars, and other combustible
tobacco products that is left behind after smoking and built up on surfaces and furnishings. These sticky,
highly toxic particulates, like nicotine, can cling to walls and ceilings and be absorbed into carpets, draperies,
and other upholsteries. Nicotine remains on surfaces for days and weeks, so carcinogens continue to be
created over time, which are then inhaled, absorbed, or ingested. Though the effects of third-hand smoke are
not yet clear, a 2013 study in hotels found that when a hotel allows smoking in any of its rooms, the smoke
gets into all of its rooms.
Nationally, the following have 100% smoke-free hotel/motel room requirements (Attachment 7):
• 98 municipalities (none in Colorado)
• 5 states (Indiana, Michigan, Nebraska, North Dakota, and Wisconsin)
• Many large hotel chains (including Marriott, Westin, and Comfort Inn).
The Fort Collins smoking survey (Attachment 3) asked: Do you think 100% of hotel/motel rooms in the City of
Fort Collins should be smoke-free? The results show:
• Yes 56%
• No 34%
• No Opinion 10%
Additionally, input received at the public open house was mixed on this topic. Some believe that hotels/motels
should be 100% smoke-free while others believe it should be up to the business owner to decide (Attachment
4).
Agenda Item 21
Item # 21 Page 4
The Larimer County Board of Health voted to support adding the requirement that all hotel/motel rooms in the
City of Fort Collins city limits be 100% smoke-free inside (Attachment 6).
There are currently five hotels/motels in Fort Collins that allow smoking in their guest rooms. Staff reached out
individually to each of them and spoke with the owner and/or manager in an effort to understand their
concerns, what could make it easier for them, and what timeframe they would need to make the transition to
100% smoke-free rooms if Council chooses to adopt this ordinance. The responses were:
• One motel is currently moving toward converting its smoking rooms to non-smoking rooms. They only
have one more room to convert, so they do not believe this will be a problem for them. They would not like
the City to ban smoking on their entire property as they would like to provide an outdoor smoking place for
patrons.
• One motel is planning to use the fall to convert their smoking rooms to non-smoking rooms (they would like
to do this while the North College road construction is occurring). They did not have concerns about the
ordinance, but they would like to have until January 1st before the ordinance becomes effective.
• One motel stated that they are fine with the changes happening and it doesn’t matter to them what the
timing is. Their longer-term guests usually stay in their smoking rooms, but they have cleaned up their
motel a lot in the past couple of years and are continuing to make improvements. The owner would be
happy to go smoke-free because she has health issues that are further impacted by smoke. They are
more concerned about the North College road construction and lack of parking than a smoking ban.
• One of the motels is a national chain specifically marketed for extended stays. They would need to comply
with their corporate policies if they are required to go 100% smoke-free. They have a lengthy process to
get approvals to build an outdoor structure for smokers which they would want to provide. A delayed
implementation date would be helpful.
• One motel is extremely concerned and believes his business would not survive if Council approves this
ordinance. Most of his customers are extended stay (more than a couple nights) and are smokers. He
believes that this should be his decision; not the City’s.
Based on this input, staff recommends an implementation date of January 1, 2015 if Council chooses to adopt
the 100% hotel/motel smoke-free rooms amendment.
FINANCIAL / ECONOMIC IMPACTS
There are no financial impacts to the City. Enforcement will be done in the same manner with the same staff
as it is currently done for both of these potential amendments. Education and outreach will be conducted by
current staff.
There may be some financial/economic impact to the five (5) hotels/motels that currently allow smoking. The
impact could be negative or positive.
ENVIRONMENTAL IMPACTS
There would be improved air quality in hotels/motels that currently allow smoking.
PUBLIC OUTREACH
The City engaged in public outreach in an effort to understand the level of community support for expanding
the smoking ordinance to include prohibiting electronic smoking devices in all places where conventional
smoking is prohibited and require 100% of hotel/motel rooms to be smoke-free (Attachment 8).
Public engagement efforts included:
Agenda Item 21
Item # 21 Page 5
• On-line informal survey - February-March 2014 - over 2,100 responses
• Public Open House - May 22, 2014
• Email communications in response to public open house
• One-on-one meetings with hotel/motel owners/managers
• Site visits
• Social media, press release, and website.
ATTACHMENTS
1. E-cigarettes and Vapor Photo Glossary (PDF)
2. U.S. State and Local Laws Regulating Use of Electronic Cigarettes (PDF)
3. Fort Collins Smoking Survey 2014 (PDF)
4. Smoking Expansion Options Public Open House Summary of Input, May 22, 2014 (PDF)
5. TobacNO Youth Coalition Statement of Support (PDF)
6. Larimer County Board of Health Statement of Support (PDF)
7. State and Local 100% Smokefree Hotel and Motel Guest Room Laws (PDF)
8. Public Engagement Plan (PDF)
9. City Council Work Session Summary April 8, 2014 (PDF)
10. PowerPoint Presentation (PDF)
E-cigarettes and Vapor
Photo Glossary
For more information:
call (970)498-6752
or visit larimer.org/tobacco
New electronic and vaporizing products are emerging everyday.
This photo glossary shows a variety of e-cigarettes,
vaporizers, and other products.
DESCRIPTIONS
E-cigarette: a battery
powered device that
uses a heating
element to vaporize a
liquid nicotine
solution
Vaporizer: a device
used to vaporize
marijuana, tobacco,
nicotine, or other
chemicals.
E-liquid (e-juice):
the liquid used in
vaporizers that
comes in a variety of
flavors and can
contain nicotine.
E-cigarette
Nicotine Vaporizers Hookah Pens
E-Juice Marijuana Vaporizer
Vaping Products Confiscated
from Colorado Schools
Unregulated, Untested, Unproven…
E-cigarettes and nicotine vaporizers are
not regulated for safety and health.
They may contain varying amounts of
addictive nicotine and many other chemicals
that are harmful to humans.
Consumers have no way of knowing how much
nicotine they are inhaling, what other chemicals
are inhaled, and if the vapor is safe for users
and bystanders.
There is no conclusive evidence to support that
e-cigarettes or nicotine vaporizers help people
quit tobacco in the long-term.
ATTACHMENT 2
ATTACHMENT 3
1
Smoking Expansion Options Public Open House – May 22, 2014
14 people signed in – close to 20 people attended – additionally, we received 15 emails with input from
people who could not attend the open house.
Percentage currently impacted by secondhand smoke or notice cigarette litter:
Old Town/Downtown, Park Shelters, Playgrounds, Natural Areas, and Trails were noted
Comments include:
o E-cigs have no litter
o Lots of cigarette litter downtown
o With e-cigarette use there is no litter, and no second-hand smoke exposure
o E-cigs produce no litter – Yay! No smoke – Yay! No tar, or ash – Yay! Ban cigarettes – fine, but
leave e-cigs alone!
o Support ban – Old Town/Downtown, bleachers/seating, playgrounds, Natural Areas, Trails, Park
Shelters
o People already have to step outdoors to smoke. If you tell them they have to walk a few blocks
away (probably drunk in public), that asks a lot more of them. Smokers will likely choose another
bar, which will cost Old Town a lot of business. Littering is already illegal, just enforce it.
How strongly would you support new regulations prohibiting smoking in the following outdoor areas?
Playgrounds – 10 thumbs up, 1 thumbs down
Park Shelters – 10 thumbs up, 3 thumbs down
Parks – 11 thumbs up, 3 thumbs down
Skate Parks – 8 thumbs up, 3 thumbs down
Dog Parks – 8 thumbs up, 3 thumbs down
Bleachers/Seating – 8 thumbs up, 1 thumbs down
Athletic Fields/Courts – 8 thumbs up, 2 thumbs down
Public Festivals/Events – 9 thumbs up, 2 thumbs down
Natural Areas – 8 thumbs up, 1 thumbs down
Trails – 6 thumbs up, 1 thumbs down
Old Town/Downtown – 10 thumbs up, 2 thumbs down
Parks Parking Lots – 6 thumbs up, 3 thumbs down
Golf Courses – 3 thumbs up, 2 thumbs down
Comments include:
o Support 100% except parks parking lots, golf courses, athletic fields/courts because I don’t go
there.
o Quit regulating everything – leave all alone.
o Strongly support, stop smoking in all areas.
o Support in all areas – regular cigarettes and e-cigs.
o We’ve known for a long time the dangers of secondhand smoke (not to mention first hand) – I
would strongly support a ban on smoking in all these public areas.
o Strongly support ban in Natural Areas only.
ATTACHMENT 4
2
o I would support regulating cigarettes but not e-cigs.
o Agree, regulate tobacco, not e-cigs. Encourage smokers to adopt a less offensive behavior (e-
cigs).
o E-cigs produce no litter, no secondhand smoke, no tar, no smoke or ash – they should not be
treated like cigarettes. I support cigarette bans; not e-cig bans.
o As an asthmatic, I have been in Fort Collins parks playing sports with my asthma in check but
then have a smoker show up and cause significant problems for me. Even people walking on
trails in the opposite direction with a cigarette cause problems for people while they are exerting
themselves getting exercise.
o It is very frustrating going to outdoor events, finding a place where no one in smoking and then
having a smoker sit next to you. Smoke in the outdoors does not go straight up but rather travels
a great distance.
o Support 100% for these areas – playgrounds and park shelters
o Stop smoking in all areas.
o Ban the act of blowing it in people’s faces. Ban the drugs (weed) if that bugs you, but don’t ban
the equipment on e-liquid just because a few people abuse them. Smoking and vaping are two
different things. One kills people, one saves them.
o E-cigs and traditional smoking are extremely different. Please, understand that.
o Strongly support in all areas – regular cigarette and e-cigs.
o I would support regulation on cigarettes but not e-cigs.
o Regulating smoking should be separate from e-cigarette regulation.
o Strongly support smoking ban in playgrounds only. E-cigs not included.
o I completely support a ban on smoking in all public places. It is next to impossible to walk
through Old Town without encountering several pockets of cigarette smoke. As an asthmatic,
this causes difficulty in breathing and significant discomfort.
o Yes, even e-cigs in playgrounds and park shelters but not open parks.
o I strongly support a ban on smoking in all these areas – particularly parks such as Library Park,
where there are often many children present.
o As a Special Olympics Softball coach, I’m glad to hear smoking might be banned at games and city
parks. Exercising lungs don’t need toxic air pollution, nor do the 95% of people who do not
smoke and want to watch the games.
o I am so happy that the Council is addressing the smoking problem in Fort Collins. It really does
ruin the Old Town Fort Collins experience. I am also hoping that the proposal to outlaw smoking
in children’s playgrounds, parks, trails, and natural areas is pushed through. There is nothing
more disturbing, as a mom, than to bring your children to a playground littered with cigarette
butts, or worse, with smoke in the air for our children to inhale. I can’t even go to things like
New West Fest anymore because of the cigarette smoke.
o I want to extend my interest that all smoking bans be put into place, especially at events and in
parks.
o I am a passionate advocate for all citizens to be able to breathe clean air. Thank you for all the
efforts you are making to provide this choice for everyone. As I read the proposals, I notice the
mention of parks, trails, and natural areas which is exactly what we need. I also think it should
be mentioned specifically that this means all playgrounds. As shocking as it may seem, taking
your kids on the swings at the playground often exposes them to secondhand smoke! I believe
that by specifically using the word playground we will raise awareness of how insane it is that
this is a high risk area.
3
o I was surprised to see so many people smoking in the Old Town near the Fountains and near
Cooper Smiths Pub. I didn’t really feel comfortable walking with my 9 year old son and 1 year old
daughter in that area. I feel a lot of people were smoking everywhere in that area. I hope this
issue can be fixed and certain smoke areas will be designated.
o Makes absolutely no sense to allow smoking on golf courses and not on trails, parks, and open
spaces. Smoking should be allowed on all of these anyway. Special events should have smoking
spaces available, same in Old Town. I am not a smoker and we are slowly becoming very
controlled by regulations.
o Why are golf courses exempt? Little too much political pull? All public events? Like New West
Fest? Really?
o As a parent, I’m thrilled to know that the City is looking into banning smoking in all parks.
Do you think 100% of both hotel and motel rooms within the city limits should be smoke-free?
9 thumbs up, 5 thumbs down
Comments include:
o No, smokers have rights, too!
o No, private property rights. Consumers will vote with their money.
o I am very antismoking but if all non-smokers are able to get non-smoking rooms with the less
than 100% smoke-free rooms, I don’t see a need for it to be 100%.
o Hotels, motels, restaurants, etc. are private property. When you own property, you get to make
the rules. An owner can make it smoke free, or both, or smoking only. He can say blue shirts
required. These rules are not the government’s to decide. If you don’t like the owner’s rules, go
to a different hotel.
o Leave hotels and motels as is.
Do you think electronic smoking devices should be regulated in the same manner as regular tobacco
smoking products?
8 thumbs up, 11 thumbs down
Comments include:
o No, because they aren’t tobacco products.
o Yes, because there’s not enough info regarding its effects on health/environment.
o I am not that well informed on e-cigarettes. If the vapor has any negative secondhand health
effects, then it should be banned like cigarettes. If the vapor is 100% harmless, then it shouldn’t
be banned.
o Yes, electronic cigarettes also generate chemicals hazardous to heath.
o E-cigs do not contain tar, carbon monoxide, or thousands of other chemicals found in
combustible cigs. They don’t kill people, they help smokers quit. E-cigs have nothing in common
with combustible cigs except that sometimes they deliver nicotine. They are not the same thing,
so don’t pretend they are.
o E-cigs produce no smoke. They should not be regulated as tobacco. They do not contain tobacco,
only nicotine derived from tobacco similar to patches, gum, inhaler, etc.
o Nicotine patches and gum are not banned so e-cigs should not be banned either. E-cigs are a
healthier alternative to smoking.
4
o As a non-smoker since I have tried the e-cigarette, I can attest that I am more active physically
and able to exercise and become more healthy. My ability to be able to “vape” has greatly
attributed to my better health and well-being. If banned, I would very less likely to have the
freedom that I have found from no longer smoking, anywhere in the city of Fort Collins. I ask
that the City Council reconsider banning e-cigarettes in public places, allowing many of those like
myself that have found this great tool to help them become more healthy and happy in their
lives.
o Prohibiting e-cigarettes anywhere combustible cigarettes are prohibited does not make sense to
me. I am generally supportive of smoking bans since treating smoker illnesses takes resources
we cannot spare. I think regulations should be well crafted with one eye on probability of
compliance, one eye on perceived rights of minorities. My experience at age 77 and with a
history of smoking for 50 years is that e-cigarettes gave me a stair step. I have not had one
combustible cigarette for several months. Now, someone who does not understand this wants
to ban them. I do agree that e-cigs should be kept away from kids.
Miscellaneous comments:
Can we have an ordinance for residential buildings? My neighbor’s smoke comes right into my son’s
bedroom window and it makes my son really upset (kids are so trained now to know that smoking is
bad!). Standing on this front stoop, our neighbor probably is about 20 feet from my son’s window, but
still, his smoke comes right into our house. And there is nothing we can do.
I would like to register my support for all of the additions to the non-smoking ordinance. As a Council
member when the first non-smoking ordinance was proposed, I think Fort Collins has benefitted greatly
from this ordinance. Any additions will make our city air quality even better and encourage more healthy
lives for all.
I am in support of all of the no smoking ordinance proposals.
I am 100% behind banning smoking in public places in Fort Collins. Growing up in FoCo both of my
parents smoked when I was a child, and I hated it! I endured enough secondhand smoke that I will do
whatever possible to keep my child from inhaling any smoke in public places. It makes me so mad to be in
Old Town or in the parks playing with my son when someone is smoking I usually leave the area much to
my child’s dismay but have been known to ask people to move away from us which is always
uncomfortable and doesn’t always work. I would love to go to the St. Patrick’s Day Parade or the 4th of
July fireworks for instance without having to worry about people who are smoking. My family has been in
Fort Collins for 5 generations now and love it here. We use the trails and visit Old Town weekly and wish
for the air around us to be as clean as possible.
Are you kidding me? You people just agree to legalize marijuana so we have to deal with that smoke
wafting throughout the town and now this. Maybe we could figure out how to generate some tax
revenue from secondhand smoke, then it would be okay too. I do not smoke…period, but I think you
people are ridiculous. I find it odd that golf courses are exempt from the ban. Can’t have the out of
shape golfing Council member not being able to imbibe in a Cohiba with their getting a round in can we?
Let me guess, “it’s for the great good” rriggghhhttt! Thank you soooo much for saving me.
To the Ft. Collins City Council,
My name is Bruce Tucker; I am 59 and have been a resident /business owner in Ft. Collins since
1982. Why intrude any further on people who smoke? The smoking ordinance as it is now works
and though it has forced those smokers outside of an establishment to the sidewalk or those
employees of a business outside some rear exit door by the dumpsters, etc. in some demeaning
5
manner. Now we will see parents, young /older adults and even tourists cowering in the bushes
off the side of some trail, hunkering down around some tree in the park and all like a bunch of
teens trying to have a cigarette. Good God, what is it with this obsession to make a class of
people feel as inferior as possible. And why bypass such a restriction on a golf course!!? That
makes absolutely no sense. If you can tell a hotel what to do, then you can tell the golf course
what to do! Why make them "superior"? You know how big the Don Sterling saga got. If you
look up the definition of racism you will find that the definition could /should apply to Ft. Collins
and therefore making it a city that practices racism
Wikipedia - Racism is actions, practices or beliefs, or social or political systems that consider
different races to be ranked as inherently superior or inferior to each other, based on
presumed shared inheritable traits, abilities, or qualities. It may also hold that members of
different races should be treated differently. While most conceptualizations of racism include
the notion of "race based discrimination", the exact definition is controversial both because
there is little scholarly agreement about the meaning of the concept "race", and because
there is also little agreement about what does and does not constitute discrimination.
My point being that white, black and Hispanic non-smokers are declaring, through the city
council, that they are superior and that the black, white and Hispanic smokers are inferior, or will
continue to be made to feel as such. It's time to live and let live, time to accept that a difficult
ordinance was successfully passed. Move on to going after people parking in handicap spots,
especially in the parking lots of grocery stores (Timberline /Drake), strip malls, small shopping
centers (Scotch Pines) etc. I'm disabled, I pay much more than the norm for my handicap plates,
yet I constantly find a handicap space taken by someone with no handicap plate or window
signage. The police dept. tells me to talk to the mgmt. of the store or even the mgmt. company
since it is a private property vs public.
ATTACHMENT 5
BOARD OF HEALTH
N. Mark Richards, MD, MPH Jennifer Lee, Ph.D,
C.J. McKinney, Ph.D. Steve Yurash
Janna West Kowalski, MS.
DEPARTMENT OF HEALTH AND ENVIRONMENT
1525 Blue Spruce Drive
Ft. Collins, Colorado 80524-2004
General Health (970) 498-6700
Fax (970) 498-6772
Adrienne LeBailly, MD, MPH, Director
BOARD OF COUNTY COMMISSIONERS
Lew Gaiter III, District I Steve Johnson, District II Tom Donnelly, District III
May 12, 2014
Beth Sowder
City of Fort Collins- Neighborhood Services Supervisor
281 N College Ave.
Fort Collins, CO 80524
Dear Ms. Sowder,
At the May 8, 2014, Larimer County Board of Health meeting, the
Board of Health discussed the following proposed expansions to the
Fort Collins Smoking Ordinance:
1. the inclusion of electronic smoking devices such as
e-cigarettes
2. the requirement that all hotel/motel rooms in the City of Fort
Collins city limits be 100% smoke-free inside
The public health perspective and benefits of the expansion of the
smoking ordinance were reviewed. As a result, the Larimer County
Board of Health voted to support adding both of the above
components to the city’s smoking ordinance.
Thank you for giving the Board of Health the opportunity to comment
on the City of Fort Collins Smoking Ordinance expansion.
Sincerely,
Adrienne LeBailly, MD, MPH,
Director
Larimer County Department of Health and Environment
ATTACHMENT 6
ATTACHMENT 7
PUBLIC ENGAGEMENT PLAN
PROJECT TITLE: Smoking Ordinance Expansion – Part 1
PROJECT LEAD: Beth Sowder
OVERALL PUBLIC INVOLVEMENT LEVEL: Inform & Consult
BOTTOM LINE QUESTION: Should the City expand the smoking ordinance to include prohibiting
electronic smoking devices in all places where conventional smoking is prohibited and require 100% of
hotel/motel rooms to be smoke-free?
KEY STAKEHOLDERS:
General public
Hotel/motel owners and/or managers
Larimer County Department of Health and Environment
Tobacco Free Larimer County
Business owners/managers
TIMELINE: January 2014 – July 2014
PHASE 1: Citizen Input and Information Gathering – Inform & Consult
Timeframe: February-March 2014
Key Messages:
City of Fort Collins staff will launch an informal on-line survey to gauge the communities’
current experiences and level of interest in expanding smoking regulations in specific areas.
City staff will gather data and information about health impacts and what other
communities have done to regulate smoking.
Tools and Techniques
On-line survey
Targeted meetings with stakeholders
Research to gather data and information
Site visits
Public Comment
PHASE 2: Direct Interaction with Key Stakeholders – Inform & Consult
Timeframe: April-May 2014
Key Messages:
ATTACHMENT 8
City staff wants to hear specifically from hotel/motel owners and/or managers who currently
allow smoking. Staff will seek to learn what their concerns, questions, needs and timeframes
are in an effort to make any potential change as easy as possible.
City staff will host a public open house to invite key stakeholders to provide additional input on
the proposed smoking ordinance expansions.
Tools and Techniques
Public Open House
Social Media
Press Release
Website: www.fcgov.com/smokefree
One-on-one site visits to hotels/motels that currently allow smoking
ATTACHMENT 9
1
Smoking Ordinance Expansion
City Council Meeting
July 1, 2014
Beth Sowder, Neighborhood Services
Manager
ATTACHMENT 10
2
Purpose
• Propose two amendments to expand
Smoking Ordinance
• Include:
–Electronic Smoking Devices
–100% Hotel/Motel Rooms
3
History
• 1984 – no-smoking sections
– Fort Collins was the first city in CO to pass a
comprehensive smoking ordinance
• 2003 – Fort Collins designated bars, restaurants,
and workplaces as smoke-free
• 2006 – Colorado Indoor Clean Air Act
• 2013 – Fort Collins expanded smoking regulations
to include outdoor dining areas, bar patios, and
Transfort’s public transit facilities
4
Council Work Session
April 8, 2014
Council directed staff to move forward with:
1. Electronic Smoking Devices
2. 100% Hotel/Motel Rooms
October 7, 2014:
1. Parks, Trails, Natural Areas
2. Public Events
3. Old Town/Downtown
5
Electronic Smoking Devices
• FDA now beginning to regulate
• Proposal to regulate in Fort Collins
• Health impacts
E-cigarette
Nicotine Vaporizers
Hookah Pens Marijuana Vaporizer
6
E-Cigarette Laws
• Several state and local regulations:
– Utah, New Jersey, North Dakota –
banned everywhere smoking is
prohibited
– 10 States (including Colorado) –
regulate use in certain places (school
property)
– 172 municipalities – include e-devices in
their local smoking ordinances
7
Community Feedback
• Fort Collins Survey:
– Yes 48%
– No 30%
– No Opinion 22%
• Public Open House – mixed input
• TobacNO Youth Coalition
• Larimer County Board of Health
8
100% Hotel/Motel Rooms
• Currently, 75% rooms required smoke-free
• Proposal to require 100% rooms smoke-
free
• Primary benefit to workers
and non-smoker guests
• Third-hand smoke
– recent health concern
9
Hotel/Motel Room Data &
Feedback
• 100% smoke-free policies:
– 98 municipalities
– 5 states
– Many large hotel chains
• Fort Collins Survey – 100% smoke-free rooms?
– Yes 56%
– No 34%
– No opinion 10%
• Public Open House – mixed input
• Larimer County Board of Health
10
5 Hotels/Motels
Input from 5 Hotels/Motels currently allow smoking:
1. Currently converting rooms to non-smoking
2. Planning to convert this fall – requests
January effective date
3. Fine with changing to 100% smoke-free
4. National chain – lengthy process to change
rooms – delayed implementation helpful
5. Extremely concerned and opposed to change
11
Public Outreach
• On-line informal survey
• Public Open House
• Email communications
• Individual contact with hotels/motels
• Site visits
• Social media
• Press release
• Website
12
Staff Recommendation
• Staff recommends approval of both
amendments
• Staff recommended an implementation
date of January 1, 2015 for 100% smoke-
free hotel/motel rooms
- 1 -
ORDINANCE NO. 098, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO SMOKING IN PUBLIC AREAS
WHEREAS, Chapter 12, Article III of the City Code currently prohibits conventional
smoking in public places; and
WHEREAS, electronic smoking devices are not currently regulated within the City Code;
and
WHEREAS, although electronic smoking devices do not contain tobacco, the users of
such devices inhale vaporized liquid nicotine or other liquids created by heat through an
electronic ignition system and exhale the vapor in a way that simulates conventional smoking;
and
WHEREAS, the United States Food and Drug Administration has conducted laboratory
tests on numerous brands of electronic smoking devices and have found that they contain toxic
chemicals and carcinogens in addition to nicotine; and
WHEREAS, the City Council has previously found and determined that there is no safe
level of exposure to secondhand smoke; and
WHEREAS, the concern over the health impacts of secondhand, and now third-hand
smoke, continues to rise among the citizens of Fort Collins; and
WHEREAS, the use of electronic smoking devices in public places and in places of
employment returns smoking to the public consciousness and complicates enforcement of the
laws governing conventional smoking in public places; and
WHEREAS, under the current City Code, hotel and motel owners may permit smoking in
twenty-five (25) percent of hotel and motel rooms; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety, and welfare of the residents of the City that Article III of Chapter 12 of the Code of the
City of Fort Collins be amended to require one hundred (100) percent of all hotel and motel
rooms be smoke-free and to require that electronic smoking devices be regulated similarly to
conventional smoking.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 12-56 of the Code of the City of Fort Collins is hereby
amended to add new definitions and amend existing definitions, to read as follows:
Electronic smoking device shall mean an electric or battery-operated device, the use of
which resembles conventional smoking, which can be used to deliver substances,
including, but not limited to, nicotine, tobacco, or marijuana, to the person using such
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device. Electronic smoking device shall include, without limitation, an electronic
cigarette, cigar, cigarillo, pipe, or hookah. Electronic smoking device shall not include
any product approved by the food and drug administration as a drug or medical device
that is used in accordance with its purpose.
. . .
Smoke or smoking shall mean:
(1) Carrying or placing of a an electronic smoking device, lighted cigarette, or
lighted cigar, or lighted pipe, or any other lighted smoking equipment in one's
mouth for the purpose of inhaling or exhaling smoke or vapor or blowing smoke
rings;
(2) Placing of a an electronic smoking device, lighted cigarette, or lighted cigar,
or lighted pipe, or any other lighted smoking equipment in an ashtray or other
receptacle, and allowing smoke or vapor to diffuse in the air;
(3) Carrying or placing of a an electronic smoking device or lighted cigarette or
lighted cigar or lighted pipe or any other lighted smoking equipment in one's
hands or any appendage or device and allowing smoke or vapor to diffuse in the
air; or
(4) Inhaling or exhaling smoke or vapor from a an electronic smoking device,
lighted cigarette, or lighted cigar, or lighted pipe, or any other lighted smoking
equipment.
. . .
Tobacco shall mean 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 seepings of tobacco; and other kinds and forms of tobacco,
prepared in such manner as to be suitable for both chewing or for smoking in a cigarette,
pipe, electronic smoking device or otherwise, or both for chewing and
smoking. Tobacco also includes cloves, marijuana, and any other plant matter or product
that is packaged for smoking.
Section 2. That Section 12-62 of the Code of the City of Fort Collins is hereby
amended to read as follows:
(a) Notwithstanding any other provision of this Article to the contrary, the following
areas retail tobacco businesses shall be exempt from the smoking prohibition set forth in
§ 12-59 above, provided that the following conditions shall apply:
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(1) Up to twenty-five (25) percent of guest rooms in lodging establishments, including
but not limited to bed and breakfasts, hotels, motels and inns; and Retail tobacco
businesses, provided that the following conditions shall apply:
a.(1) The business must be designed, constructed and operated in such fashion
as to prevent smoke originating on its premises from entering any smoke-free
area. It must be also physically separated from other establishments and
independently ventilated as prescribed by the most current building and
mechanical codes adopted by the City and as administered by the Building
Official.
b.(2) The business must, prior to allowing smoking on the premises, first obtain
a certificate of occupancy from the Building Official allowing such smoking in or
on the premises of the store depicting floor space used for retail sales and floor
space used for other purposes. Any certificate of occupancy allowing smoking
shall be conditioned upon compliance with these regulations and conformance to
the floor plan approved by the Building Official as the basis for issuance of the
certificate of occupancy. Failure to comply with these regulations and any other
laws applicable to the sale and consumption of tobacco products shall be cause for
revocation of the certificate of occupancy.
c.(3) A violation of any of the conditions or limitations of a certificate of
occupancy for a retail tobacco business, whether by the store owner, proprietor,
manager, employee, agent or otherwise, or violation of the requirements for
operation of a retail tobacco business set forth in this Article, shall be the
responsibility of the business owner and shall be grounds for revocation of the
certificate of occupancy, in addition to any other penalties imposed by the
provisions of § 12-67.
d.(4) Persons under eighteen (18) years of age shall not be permitted on the
premises of the business, and proof of age shall be required for all persons
entering the business. The retail tobacco business shall be responsible for
providing adequate staffing and training so as to ensure an effective system for
preventing persons under eighteen (18) years of age from entering the business.
e.(5) In addition to other signs required to be posted pursuant to this Article,
any retail tobacco business shall post and maintain a sign at all public entrances
thereto, in a conspicuous position clearly visible upon entry, stating the
phrase "Persons under the age of 18 not permitted". In addition, the sign, or
another similarly posted sign, shall state the phrase "Surgeon General's Warning:
Smoking Can Cause Lung Cancer, Heart Disease, Emphysema, and May
Complicate Pregnancy". Any sign required hereunder shall meet the size and
location requirements of Subsection 12-63(b).
Section 3. That the amendments made by Section 2 of this Ordinance shall not take
effect until 12:01 am, January 1, 2015.
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Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk