HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2014 - SECOND READING OF ORDINANCE NO. 098, 2014, AMENDINAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Beth Sowder, Neighborhood Services Manager
SUBJECT
Second Reading of Ordinance No. 098, 2014, Amending Article III of Chapter 12 of the City Code Pertaining to
Smoking in Public Areas.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Weitkunat) expands 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Ordinance No. 098, 2014 (PDF)
Agenda 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.
ATTACHMENT 1
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)
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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,
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including, but not limited to, nicotine, tobacco, or marijuana, to the person using such
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,
lighted cigar, 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 an electronic smoking device, lighted cigarette, lighted cigar,
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 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 an electronic smoking device,
lighted cigarette, lighted cigar, 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:
Notwithstanding any other provision of this Article to the contrary, 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) 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.
(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.
(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.
(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.
(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