HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/22/2017 - SMOKING ORDINANCE REVIEW AND UPDATEDATE:
STAFF:
August 22, 2017
Delynn Coldiron, Interim City Clerk
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Smoking Ordinance Review and Update.
EXECUTIVE SUMMARY
The purpose of this item is to review and provide background on the latest changes to the existing Smoking
Ordinance in the City of Fort Collins, to provide an update on related enforcement efforts, and to get guidance
from Council on whether any changes are desired.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council want to continue the smoking restriction for City-owned or operated public property?
2. Does Council want to see any changes specifically related to the Downtown Smoke-Free Zone?
3. Does Council desire to make any additional changes to the existing smoking regulations?
BACKGROUND / DISCUSSION
The latest smoking restrictions approved by Council have been in effect for more than a year now; nearly two
years in some cases. These include:
1. No smoking in City natural areas, parks and trails, implemented September 1, 2015;
2. No smoking on City-owned or operated public property, including recreational and cultural facilities,
implemented on September 1, 2015;
3. No smoking at any City-approved special events, implemented on January 1, 2016; and
4. No smoking within the designated Downtown Smoke-Free Zone, implemented on January 1, 2016
An exception for retail tobacco establishments within the Downtown Smoke-Free Zone was approved in
September, 2015. Background Agenda Item Summary information presented to Council on these items is
included as Attachments 1 and 2. Additional information can be found at:
http://citydocs.fcgov.com/?cmd=convert&vid=72&docid=2410252&dt=AGENDA+ITEM&doc_download_date=FEB
-03-2015&ITEM_NUMBER=12 (February 3, 2015 Meeting) and
http://citydocs.fcgov.com/?cmd=convert&vid=72&docid=2541663&dt=AGENDA+ITEM&doc_download_date=AUG
-18-2015&ITEM_NUMBER=14 (August 18, 2015 Meeting).
Efforts related to the new smoking restriction during the first year were dedicated to education and outreach. This
included:
the creation and installation of signs
public meetings
distribution of information packets to Downtown business owners
numerous newspaper articles and social media posts
outreach at various City events
visits with the school district to talk about restrictions in City parks adjacent to their properties, and
personal contacts by Code Compliance, Police, and Park staff with smokers within restricted areas to
inform them of the smoke-free regulations
August 22, 2017 Page 2
More detailed information on initial efforts can be found in the update memos that are included as Attachments
3 and 4.
Very limited enforcement through tickets was done during the first year. However, enforcement efforts were
increased based on direction from City leaders. Our efforts in this regard have been two-fold. First, we created
and installed additional signage that was more regulatory in look and content. This replaced many of the
Downtown “Smoke Free in FC” signs that were initially placed that had a much less regulatory feel but we hoped
would still relay the message. Both signs are attached (Attachments 5 and 6). Second, staff from Code
Compliance and Police Services teamed up to increase enforcement in the Downtown Smoke-Free Zone,
including issuing tickets. To date, 264 tickets have been written. Additional detail around enforcement efforts can
be found in the attached memo (Attachment 7).
The increased enforcement has resulted in concerns from Downtown business owners, Downtown residents, and
community members who do not support these restrictions. We have also heard from others who have received
violations. The concerns staff has heard include that:
1. The Downtown Smoke-Free Zone is too big
2. Designated smoking areas for residents, customers, or employees are needed
3. There is no way to educate everyone; over 1,000,000 visitors come to Downtown
4. Smoking is acceptable and a large part of other cultures; Fort Collins gets a lot of international visitors
5. The restrictions create a competitive disadvantage for Old Town compared to other Fort Collins’ shopping
areas
6. The penalty should not be criminal and require a court appearance; and
7. Enforcement has damaged relationships with Police
Alternatively, staff also hears from customers and residents who appreciate the restrictions and the added
enforcement; especially for those who have health conditions that make them more susceptible to smoke. We
have attached the feedback we have been able to find from a variety of online sources, including: Access Fort
Collins, Facebook, the Coloradoan and Collegian, and Reddit (Attachments 8, 9, 10 and 11).
Options for Consideration:
1. No changes
a. Ordinance would stay the same
b. Enforcement would stay the same with the exception that:
i. additional receptacles and signage would be added along the perimeter of the Downtown
Smoke-Free Zone; and
ii. signage would be added to the dome-shaped ashtrays on top of the trash receptacles
that exist within the Downtown Smoke-Free Zone to further alert people that they are in a
restricted area and would request that they extinguish all cigarettes or other smoking
devices
Pros:
a. Meets the initial intent of having a smoke-free Downtown
b. Supports health and wellness of the community
i. Creating smoke-free areas generally results in a reduction of tobacco use and improved
community health
ii. Tobacco rates are considered when overall health ratings of a community are determined
1. Healthy community designations provide economic appeal and community
attractiveness
iii. Secondhand smoke exposure is proven to be harmful at any level, including outdoor
areas that are next to buildings or have a high density of tobacco users
1. Especially hazardous for children, those with chronic diseases and pregnant
women
iv. Cigarette butts are toxic and can be harmful to pets and children
August 22, 2017 Page 3
v. Smoke-free areas often reduce the amount of litter that is present and related clean-up
times and costs
c. Majority of community members were supportive of this change based on surveys and outreach
that was done
i. Continue to hear appreciation from community members
1. Through emails, phone calls, social media posts and when out enforcing
d. Brings people to Downtown who might not have come without it being smoke-free
Cons:
a. Hard, if not impossible, to do enough education so that everyone knows about the restrictions
(especially guests)
b. Downtown employees who smoke are concerned about losing their jobs since they cannot take
quick smoke breaks; they have limited time and cannot travel outside of Smoke-Free zone
c. Concerns from community members and guests
i. Includes some non-smokers
1. Through emails, phone calls and social media posts
ii. Feel the City has overstepped in this regard since smoking is legal
d. Business owners have growing concerns:
i. Fear they will lose customers
ii. Have other areas in the community that are unrestricted and could attract Downtown
patrons – Foothills Mall, Campus West, Raintree Village
iii. Fear that Downtown is not as strong as people think and that this will irreparably hurt
them
e. Police Services staff have growing concerns:
i. Limited resources available to continue active, consistent enforcement due to other high
priority public safety crimes
ii. Not always enforceable during the late evening hours again due to other high priority
public safety issues/crimes
iii. Enforcement has damaged their relationship with business owners
iv. Enforcement has damaged their relationship with some citizens
v. Designated enforcement time reduces officers’ ability to pro-actively police and work on
other community policing projects
f. Some concern expressed by property owners just outside of Smoke-Free Zone:
i. People are congregating outside of their properties to smoke
1. Residential and commercial properties have been impacted
2. Small number of complaints received; but, important to those having issues
ii. Finding increased litter and trash in the area
iii. Business owners are worried that this will impact their customers and properties
2. Add designated smoking areas within current Downtown Smoke-Free Zone:
a. Would result in a number of areas identified throughout the Downtown Smoke-Free Zone that
would allow smoking
b. Approximately 12 locations have been identified as possible locations (Attachment 12)
i. Public participation is needed before locations are finalized
Pros:
a. Provides some outlet for smokers; and, attempts to keep the activity localized to specific areas
that non-smokers or others can choose to avoid
b. Supports survey results indicating more than 60% of respondents were in favor of this
c. Helps address business owner concerns who support providing smoking options for patrons and
employees
d. Helps reduce violations and related enforcement
e. Helps reduce pressures on properties just outside of the Smoke-Free Zone
f. Helps the relationship between business owners who support providing smoking options, some
citizens, and Police
August 22, 2017 Page 4
Cons:
a. Reduces health benefits of having a smoke-free zone for those who frequent Downtown and end
up impacted by those who are smoking
b. Increases health risks for people with chronic health conditions, young children, and pregnant
women
c. Complicates enforcement and education efforts
i. Important to clearly identify areas where smoking would be allowed
ii. Important to find areas that are not within twenty feet (20’) of operable doors, windows,
air vents and patios
iii. Important to find areas that business/property owners agree with
1. Would be available to all smokers (not limited to employees/ patrons of a specific
business)
2. Could result in “hang out” areas with potential increase in mischief or other
negative behaviors
Sends conflicting messages about smoking Downtown since it would be allowed in some
areas
3. Change Downtown Smoke-Free Zone to align with Dismount Zone
a. Would result in smoking being allowed in many alley-ways and along some portions of sidewalks
currently included in the Downtown Smoke-Free Zone
b. Map is shown on Attachment 13
Pros:
a. Same as listed in Item 2 above, with more freedoms
b. Would continue smoking restrictions
i. In Old Town Square
ii. Along business frontages and sidewalks within the designated area
iii. In alley-ways within the designated area
Cons:
a. Same as listed in Item 2 above, with more impacts
b. Dismount Zone needs to be formally clarified in code – may change somewhat from what is
currently on map to have it make sense (not cutting through properties, etc.)
c. Creates confusion with regard to City properties that will still be smoke-free
i. Oak Street Plaza
ii. Oak/Remington Street Parking Lot
iii. Remington Parking Garage
iv. Laporte Parking Garage
v. 281 City Building
vi. Transfort facility
vii. Library Park
d. In areas where smoking is allowed, would still have to comply with twenty foot rule from any
operable door, window, air vent or patio (including alley-ways); complicates enforcement
4. Repeal restrictions and rely on City’s twenty foot requirements
a. Would roll smoking restrictions back to no smoking within twenty feet of any operable door,
window, air vent or patio
b. Map is shown on Attachment 14
Pros:
a. Same as listed in Items 2 and 3 above with even more freedoms
Cons:
a. Same as listed in Items 2 and 3 above with even more impacts
b. Smoking would be allowed on portions of many Downtown sidewalks
August 22, 2017 Page 5
c. Continues to create confusion with regard to City properties that will still be smoke-free
d. Complicates enforcement
Additional Items for Consideration:
1. Lifting Smoking Ban in the Downtown Smoke-Free Zone after 10:00 p.m.
Lifting the smoking ban within the Downtown Smoke Free Zone from 10:00 p.m. until 5:00 a.m., would
allow people to smoke twenty feet away from doors, patios, windows and air vents during the late night
when fewer families and children are present. Staff recommends this option in an effort to help ensure
that enforcement of smoking regulations does not create unnecessary conflict with the late night crowds
and so that Police staff can focus on other policing issues.
2. Changing Penalty to a Lesser Offense
The existing penalty for a smoking violation is a criminal misdemeanor subject to a fine or imprisonment.
This is consistent with similar City ordinances that Police enforce such as open container violations. For
a first time offense on a smoking violation, a conviction is entered with a corresponding $100 fine. $75 of
the fine is suspended on the condition of no similar violations within twelve months from the date the
defendant accepts the plea offer. Additionally, there are court fees of $35, for a total cost to the
defendant for a first time offense of $60. There are some additional options that could be looked at in this
regarding, including:
a. Eliminating any provisions for imprisonment
b. Focusing on compliance as a condition for reduced fines and possible deferred judgments
c. Pursuing changes to the City Charter that would allow for a lesser petty offense category. This
would be more in line with what State law looks like for similar violations.
Staff’s Recommendation:
1. Keep the ban on all City-owned or operated properties and related grounds
2. Keep the existing Downtown Smoke-Free Zone boundaries as they currently exist
3. Add designated smoking areas to the Downtown Smoke-Free Zone
4. Lift the smoking ban in the Downtown Smoke-Free Zone from 10:00 p.m. to 5:00 a.m.
5. Eliminate provisions for imprisonment
6. Pursue a petty offense category in City Code that is more in line with State law
ATTACHMENTS
1. February 3 2015 AIS and November 25, 2014 AIS (PDF)
2. August 18 2015 AIS (PDF)
3. Smoking Update-Downtown Ban, February 29, 2016 (PDF)
4. Downtown Smoke Free Zone Update, November 21, 2016 (PDF)
5. No Smoking Regulatory Sign (PDF)
6. Smoke Free in FC Sign (PDF)
7. Increased Enforcement of No Smoking Zone in Downtown, February 20, 2017 (PDF)
8. FC Access Cases (PDF)
9. Smoking Ban Online Feedback (Facebook) (PDF)
10. Smoking Ban Online Feedback (Coloradoan and Collegian) (PDF)
11. Smoking Ban Online Feedback (Reddit Comments) (PDF)
12. Possible Designated Smoking Areas (PDF)
13. Possible Reduced Downtown Smoke Free Zone (PDF)
14. No Downtown Smoke Free Zone - 20-foot Rule Only (PDF)
15. Power Point Presentation (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY February 3, 2015
City Council
STAFF
Delynn Coldiron, Interim Neighborhood Services Manager
Laurie Kadrich, Community Development & Neighborhood Services Dir
SUBJECT
First Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort
Collins Pertaining to Smoking in Public Areas.
EXECUTIVE SUMMARY
The purpose of this item is to request expansions to the City's Smoking Ordinance to include a complete
smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and
related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events.
This item provides background information, community feedback and survey results, and information about
actions taken in other communities. Outreach conducted included the Downtown Development Authority,
downtown businesses, and various City boards and commissions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Fort Collins is known as a healthy community. Creating smoke-free areas generally results in a reduction of
tobacco use and improved community health. The City of Fort Collins has received many honors and awards,
including awards related to being a healthy community. In 2013, Fort Collins was named the 4th Healthiest
Mid-Size City in the U.S. by the Gallup-Healthways Survey. Tobacco rates are considered when overall health
ratings of a community are determined, and healthy community designations provide economic appeal and
community attractiveness. Larimer County research indicates that 245 municipalities have some sort of
outdoor/sidewalk type restriction on smoking.
Secondhand smoke exposure is proven to be harmful at any level, including in outdoor areas that are next to
buildings or have a high density of tobacco users. As a result, many cities have taken steps to protect their
residents, especially children or those with chronic diseases, from the dangers of secondhand smoke exposure
by creating smoke-free zones, especially in high-use outdoor areas such as playgrounds, parks, trails,
downtowns, or at public events.
In areas where people gather for recreation or a healthy activity, breathing tobacco smoke can be an
unexpected nuisance. A 2013 Colorado Tobacco Attitudes and Behavior survey found that more than half
(56%) of persons surveyed reported “putting up with someone smoking around them”, with the biggest
annoyance experienced in public parks. Tobacco butts are toxic and can be poisonous to small children or
animals if consumed. Smoke-free areas often reduce the amount of litter that is present, improving the
appearance of local parks and reducing clean up time and costs.
$77$&+0(17
Agenda Item 12
Item # 12 Page 2
Outreach activities since the November 25, 2014 council work session have included additional research of 35
other communities to determine the extent of issues created by completely banning smoking within certain
areas such as a downtown, to explore mitigation methods implemented to resolve issues, and to capture
information on whether there were periods of time, such as in the late evenings, when the ban was lifted or
whether designated smoking areas were provided. The information varied significantly across the
communities that we researched depending on the types of smoking bans, if any, they had implemented. The
following is a summary of what staff learned:
x 6 communities had indoor restrictions only
x 10 additional communities had indoor restrictions plus a designated distance from doors ranging from
10 feet to 25 feet. One had a 50-foot restriction from restaurants and parks. Another had a 1,000-foot
restriction from schools and parks
x 19 communities had restrictions that included downtown areas, parks, city facilities, or a combination
of these
o 2 communities had a portion of public streets banned full-time, similar to what is done at Pearl
Street mall in Boulder. There were also a couple of examples where a portion of the public
street was banned when there were special events
o No communities had time periods where they lifted restrictions
o Many communities did not regulate smoking on patios but a few had some restrictions
o 6 communities restrict smoking on public golf courses
o 5 communities allow designated smoking areas for special events
o 7 communities either did not restrict or allowed designated areas of smoking at city facilities
and grounds; 3 others did not restrict smoking after a certain distance (20’, 25’, and 80’)
o Most of the communities relied on self-regulation/voluntary compliance
More detailed information on the 19 communities referenced above is attached (Attachment 2).
Additionally, City employees were surveyed to collect feedback on how a smoking ban on all City-owned or
operated facilities and grounds would impact them. There were 450 responses received. The information
showed that 62% of employees were in favor of such a ban. It also showed that 67% of employees were in
favor of designated smoking areas (Attachment 3).
Lastly, a second informal on-line survey was launched to collect additional community feedback specifically
related to the four expansion areas discussed at the November 25, 2014 work session and to gauge the
community’s level of interest in providing designated smoking areas for each option. There were
approximately 2,300 responses received (Attachment 4). Specifics on the results for each area follow:
1. Old Town/Downtown
The recent citizen survey (Attachment 4) indicates that 60% of the participants are in favor of applying smoking
restrictions to an expanded Downtown area. The survey also indicates that 63% of the participants are
supportive of having designated smoking areas provided.
After reviewing this and previous survey results, considering the information gained from the additional public
outreach, and learning from other communities, staff recommends a complete smoking ban within the
expanded Downtown Smoke-Free Zone (Attachment 5). Staff recommends implementing the smoking
expansion on January 1, 2016 in conjunction with the completion of the Old Town renovations. The
renovations are anticipated to be completed by the end of 2015. This will give us time to incorporate
appropriate signage and to provide education on the new requirements.
Voluntary compliance is the primary tool recommended for compliance rather than an enforcement strategy.
Data from other jurisdictions show that people generally voluntarily comply when informed of the regulation.
Staff believes resources and effort should be put into additional educational outreach so that people are aware
Agenda Item 12
Item # 12 Page 3
of the smoke-free area. Just like in other communities, there will be times when this is a lower priority and may
not be enforced.
Prior to the scheduled Council meeting on February 3, 2015, staff plans to personally survey the downtown
businesses on both sides of the perimeter streets that designate the Downtown Smoke-Free Zone. We will
provide the collected data as soon as it is available.
2. Natural Areas, Parks, and Trails
The recent citizen survey (Attachment 4) indicates that 59% of the participants support new regulations that
would prohibit smoking in Natural Areas. It also showed that a majority of participants did not want any
designated smoking areas provided.
After reviewing this and previous survey results and learning from other communities, staff recommends a
complete smoking ban for all City parks, trails, and Natural Areas, including golf courses. Staff recommends
implementing this on September 1, 2015, giving ample time for installation of signage and providing education
on the new requirements.
Enforcement would be conducted primarily by the Natural Area Rangers and Park Rangers with the primary
tool for compliance expected to be voluntary.
3. City-owned or Operated Public Property Including Recreational and Cultural Facilities
The recent employee survey (Attachment 3) indicates that 62% of employees support a smoking ban on all
City-owned or operated facilities and related grounds. It also showed that 67% of employees were in favor of
having designated smoking areas.
The recent citizen survey (Attachment 4) indicates that 61% of respondents support new regulations that
would prohibit smoking at City-owned or operated facilities and related grounds. Just as in the employee
survey, it also showed that there was strong support for designated smoking areas with 60% of participants
responding in favor of this.
Based on Council’s feedback at the work session, community feedback regarding parks, feedback received at
recreational facilities, and input received from the employee and informal on-line surveys, staff recommends a
complete smoking ban for City-owned or operated public facilities including recreational and cultural facilities
and grounds (e.g., EPIC, Northside, Senior Center, City Hall, Lincoln Center, Museum of Discovery, etc.) and
golf courses. Staff recommends implementing this by September 1, 2015, again giving ample time for
installation of signage, additional outreach, and education on the new requirements.
Enforcement would be conducted by City staff with the primary tool for compliance expected to be voluntary.
4. Special Events
The recent citizen survey (Attachment 4) indicates that 61% of participants support new regulations that
would prohibit smoking at City-approved special events. It also showed that 61% of participants were in
support of having designated smoking areas.
After review of this and previous survey results, input from event promoters, and learning from other
communities, staff recommends a complete smoking ban for all City-approved special events. Staff
recommends implementing this on January 1, 2016 since all events for 2015 are already approved. Staff will
educate event promoters as part of the 2016 event application process.
Even promoters will encourage voluntary compliance, and the City will provide incentives for compliance.
Agenda Item 12
Item # 12 Page 4
Ordinance Recap
This ordinance includes the following additional smoking restrictions:
x Complete smoking ban within the Downtown Smoke-Free Zone
x Complete smoking ban at all City Natural Areas, Parks, and Trails
x Complete smoking ban at all City-owned and operated facilities and their related grounds, including
golf courses
x Complete smoking ban at all City-approved special events
Based on our research, it is evident that communities vary greatly in both the areas covered within their
smoking restrictions and on the related specifics such as whether designated smoking areas are provided.
Staff could not find any emergent best practices with regard to creating smoke-free areas. Based on this, as
well as the City’s strategic goal of promoting the health and wellness of our community, staff is proposing a
complete smoking ban in all areas covered by this item.
CITY FINANCIAL IMPACTS
There will be an economic impact associated with this item. Expenses will be incurred to create and install
signs and banners, as well as for all activities associated with a comprehensive and ongoing education and
outreach campaign. The Larimer County Health Department has offered to assist in this effort. They
anticipate providing approximately $2,500 towards the cost of signage and between $3,000 and $5,000 for
advertising and similar media expenses to help defray costs. Staff is currently working with other City
departments to determine sign locations and quantities, as well as getting estimates for various items related
to outreach and education efforts such as advertising, printing, merchandise, etc. Staff will provide this
information as soon as it is available if needed.
BOARD / COMMISSION RECOMMENDATION
Air Quality Board - recommended approval of expansion options
Golf Board - provided a letter requesting no ban for City golf courses
Land Conservation and Stewardship Board - recommended expanding the Smoking Ordinance to include
Natural Areas and Trails.
Additionally, all boards had opportunity to provide feedback as part of the most recent general survey. There
were 20 respondents representing seven of the City’s boards
PUBLIC OUTREACH
Public outreach for this item has included:
x FC Smoking Survey - March 2014
x City Council Work Session - April 8, 2014
x Smoke-Free Public Events Surveys - May, June, and August 2014
x Outreach to larger event sponsors - Summer 2014
x City Council Meeting - July 1, 2014
x Business Smoking Ordinance Survey - September 2014
x Presentation to Downtown Development Association - September 2014
x Downtown Patrons Survey - October 2014
x Council Work Session - November 25, 2014
x Employee Survey - December 14, 2014
x Public Survey #2 - January 2015
x Social Media - Facebook, Nextdoor, and Twitter
Agenda Item 12
Item # 12 Page 5
ATTACHMENTS
1. Agenda Item Summary, November 25, 2014 Work Session (with attachments) (PDF)
2. Community Research (PDF)
3. City Employee Survey (PDF)
4. Citizen Survey #2 (PDF)
5. Proposed Downtown Smoke-Free Area Map (PDF)
6. Air Quality Board Recommendation, September 16, 2013 (PDF)
7. Citizen Comments received through Facebook (PDF)
8. Citizen Comments received through Nextdoor, January 2015 (PDF)
9. Citizen Comments received through Twitter (PDF)
10. Land Conservation and Stewardship Board minutes, September 10, 2014 (PDF)
11. Work Session Summary, November 25, 2014 (PDF)
12. Powerpoint presentation (PDF)
DATE:
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2XWGRRU6LGHZDON&LW\6XUYH\'DWD 3')
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY August 18, 2015
City Council
STAFF
Delynn Coldiron, Interim Neighborhood Services Manager
Laurie Kadrich, Director of PDT
SUBJECT
First Reading of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort
Collins Pertaining to Smoking in Public Areas.
EXECUTIVE SUMMARY
The purpose of this item is to revise the current Smoking in Public Places Ordinance to include exemptions for
retail tobacco establishments within the Downtown Smoke-Free Zone and for City facility users who smoke on
City premises in a fully enclosed, privately-owned vehicle, as well as clarification on the City-owned or
maintained sidewalks that are intended to be covered by the provisions in the Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As part of implementation efforts related to the smoking ordinance expansions approved in February, 2015,
staff has identified some areas where additional clarification is needed. Staff proposes the following clean-up
items:
1. Addition of an exemption for retail tobacco establishments within the Downtown Smoke-Free Zone.
Factors to consider include:
a. Retail tobacco establishments are generally allowed to permit smoking in limited lounge areas
in all areas except the Downtown Smoke-Free Zone.
b. There are numerous criteria that must be met for an establishment to be considered a retail
tobacco establishment that significantly reduce the concern of second-hand smoke affecting
others not frequenting the business.
c. An existing retail tobacco business has been inadvertently impacted by the new requirements
when the boundaries for the Downtown Smoke-Free Zone were expanded. The business
checked the location prior to moving and went through all applicable processes to become
designated as a retail tobacco establishment. Under the current ordinance, customers would
be required to cease all smoking on premises on January 1, 2016.
2. Addition of an exemption for City facilities and related premises that would enable facility users to
smoke on City premises provided they are in a fully enclosed, privately-owned vehicle. Factors to
consider include:
a. A similar exception exists in the Downtown Smoke-Free Zone.
ATTACHMENT 2
Agenda Item 14
Item # 14 Page 2
b. This minimizes potential impacts to businesses and neighborhoods bordering no-smoking
areas by providing another option for smokers to enable them to comply with the
requirements.
c. This reduces the chance of facility users moving into the street to smoke in an effort to comply
with requirements, which is a safety concern.
d. The exception should have limited, if any, impact on others with regard to second-hand
smoke.
3. Clarification that the smoking expansions apply only to City-owned or maintained sidewalks within the
Downtown Smoke-Free Zone or that are adjacent to City facilities and related premises. The existing
language applies to other sidewalks throughout the community that staff is recommending be excluded
from the Ordinance at this time.
Reduction of secondhand smoke exposure for citizens who choose not to smoke and promoting the health and
wellness of the community continue to be the primary reasons for the smoking expansions that were approved.
These revisions continue to support these goals while providing consistency in regulating retail tobacco shops
across the community, and providing options for citizens who do choose to smoke that will minimize impacts to
businesses and neighborhoods that border smoke-free areas, and will help increase the effectiveness of our
enforcement efforts by giving smokers a way to more reasonably comply with ordinance requirements.
For information purposes, the smoking expansions approved in February 2015 included a complete ban for the
following:
City Natural Areas, Parks, and Trails - implementation September 1, 2015
City-owned and operated facilities and their related grounds, including golf courses - implementation
September 1, 2015
Downtown Smoke-Free Zone - implementation January 1, 2016
City-approved special events - implementation January 1, 2016
There were no designated smoking areas approved in any of the areas listed.
CITY FINANCIAL IMPACTS
No additional costs are expected from these revisions.
BOARD / COMMISSION RECOMMENDATION
This work was done as part of the earlier efforts.
PUBLIC OUTREACH
This work was done as part of the earlier efforts.
ATTACHMENTS
1. Ordinance No. 015, 2015 (PDF)
2. Comcate Case 28952 from Aria Khosravi regarding Retail Tobacco Establishments (PDF)
ATTACHMENT 3
ATTACHMENT 4
NO SMOKING
ANYWHERE
DOWNTOWN
Maple
Laporte
Pine
Mountain
Mason
College
Remington
Mathews
Oak
Olive
Jefferson/Riverside
Maple
Linden
Chestnut
Auxiliary aids and services are available for persons with disabilities. V/TDD: Dial 711 for Relay Colorado. 16-1935
$77$&+0(17
$77$&+0(17
ATTACHMENT 7
ATTACHMENT 8
FC Access Cases – Smoking
Case # Date Description
39560 07/15/2017 Person smoking in a natural area, fishing possibly without license. I
told him smoking was not permitted in natural areas but the person
refused to put it out and mocked the saying. White male, tall, with
white facial hair, no head hair, with another white male.
39407 07/06/2017 Loud music and smoking in natural area.
39186 06/23/2017 The “no smoking ordinance” in old town is absolutely ludicrous. It is an
area with almost record setting bars in a small area, so smoking is
inevitable. I urge you to reconsider this ridiculous ordinance as it is
doing nothing but causing late night controversy and conflicts where
there needs to be none.
38776 06/03/2017 People smoking outside trailhead tavern
38310 05/06/2017 Reporting smoking at Canyon Park
38305 05/05/2017 A person is sitting at the DTC bus station smoking. There is a sign
stating it is prohibited there.
38172 04/26/2017 A person was smoking near the Flex sign at Transfort South Transit
Center
38141 04/24/2017 A person was smoking next to a no smoking sign. Either he can’t read
or he doesn’t care.
37509 02/27/2017 Also, how are we communicating the smoke free zones to out of town
guests? I’d like to give people a heads up before they get to Old
Town, since this could be a real surprise to international guests or
those from certain parts of the country.
37143 02/02/2017 I’m just curious why the white lights cannot stay on year round? It
looks more appealing. I rarely go to down after dark for 2 reasons.
One because of the college kids. I’ve NEVER had an issue with the
homeless/transients. The second reason is we have a “no smoking”
ordinance that’s difficult to enforce. I have asthma. Smoke & pot
bothers my lungs & makes me sick. Last Mon. evening night while I
was waiting on Dial-A-Ride in Old Town Square. I saw 2 people at the
same time light up a cigarette. I noticed a sign nearby that said “No
Smoking Area”. I completely understand that cops cannot ALWAYS
be in downtown. I blame the downtown businesses not the police for
this ordinance not being enforced. They could be informing them that
they cannot smoke in downtown.
37023 01/24/2017 Just a quick note regarding the ongoing sightings of smoking of both
cigarettes and smelling marijuana cigarettes in the Downtown “smoke
free” zone. Is it possible to create signage to further educate those to
that are visiting our community, as well as to remind those locals not to
partake in public?
FC Access Cases – Smoking
Page 2
36994
01/20/2017
The “no smoking” in the park sign is gone from Stewart Case Park.
Today, 6 teens were smoking at the picnic tables while 3 snack
children played on the playground.
36980
01/19/2017
Report of “no smoking within 20’…” signs in Old Town
36876
01/10/2017
SE corner of Mtn and Mason No smoking sign within 20 ft of doors or
patios – is this valid in these blocks of Mtn and Mason?
36870
01/10/2017
MacKenzie Place employees (4750 Pleasant Oak Dr, Fort Collins, CO
80525) stand in the driveway of KinderCare (4703 McMurry Ave, Fort
Collins, CO 80525) and smoke cigarettes. They are in MacKenzie
Place uniforms. This happens Daily. They also stand on the sidewalk
and on the private property of HighPointe (1544 Oakridge Dr, Fort
Collins, CO 80525) and smoke as well. This is all while children in the
day care are playing outside, breathing in their second hand smoke.
36648
12/21/2016
While driving down College Ave. today, through the downtown area, I
saw what I frequently see – people smoking cigarettes outside of, and
near, the Ace Hardware at 215 S. College. This seems to be a regular
occurrence, both by people sitting nearby, and by people walking by.
In fact, there does not seem to be any enforcement of the no-smoking
regulations downtown, at least during the daytime, when I am down
there.
36105
10/30/2016
Why have a no smoking rule if it isn’t enforced- last night we tried to
enjoy Old town again-ate outside at Blue Agave and smokers
everywhere, walked down to Nuance Chocolate and passed at least
12 smokers, walked back to Toy Store and again, a lot of smokers,
back to car, passed another handful. Why no presence to enforce the
law/rule?
35883
10/07/2016
A guy in old town square is smoking a very stinky cigar during the
concert. Please come ask him to smoke it elsewhere.
35839
10/04/2016
The City has recently undertaken a serious effort to reduce suspended
dust and stop ambient tobacco smoke in the downtown area. And yet
the City continues to use leaf blowers. These machines besides being
annoyingly loud just move a few leaves and re-suspend dust. They
are a nuisance and a hazard and their use should be stopped.
Brooms and dust-pans are cheaper and can better target areas
needing clean-up.
34982
07/28/2016
I really hate that this is a complaint, but it does fit that category. We
enjoy our time spent in Old Town and are down there quite a bit. I
know the topic of transients and homeless people is a hot topic for Fort
Collins and have read all of the articles relating to the issue. The last
several times we have been downtown enjoying shopping, eating, etc.
FC Access Cases – Smoking
Page 3
34727
07/12/2016
As a regular cyclist on the Mason Trail, almost every time ride past the
South Transit Center, I see people smoking at the bench along the
bike path. Even with the SmokeFreeFC sign on the fence in front of
them. Good luck with this effort….
34721
07/11/2016
Smoking in old town. Eating dinner, people at nearby business come
to street to smoke.
34718
07/11/2016
Man smoking near Edora Park playground.
34674
07/09/2016
There is a heavy stench of cigarette and marijuana smoke coming
from the address of 2226 Brightwater Drive in Fort Collins. Three
people just rented the house last week and they smoke everywhere
constantly – day and night. All the houses in the neighborhood are
only a few feet apart, so the smoke from this house permeates every
home around it.
34606
07/05/2016
Miscellaneous: people smoking on top the building and sitting on the
edge seems to be not only a safety issue but a violation of smoking
ordinance? Mason on Mason Street between Mountain and Oak
Street Ease Side
34301
06/16/2016
I have two children below the age of 2 ½ who have mild autoimmune
disease. We live in a multi-unit building next to a couple who smokes
frequently. When I noticed the smell of smoke in my home, I
approached them amicably, expressed my concerns, and proposed a
compromise wherein I would keep my front window closed so that they
may smoke on the patio without compromising my family’s health and
quality of life. They offered no objections or alternative proposals, but I
have noticed repeatedly that the arrangement has been violated. The
attached letter provides further details….
My feelings on this conflict are even stronger than they would be had
my neighbors refused my request outright. If that had been the case I
would have known what to expect and taken measures to protect my
family by keeping the windows closed and appealing to the HOA.
Because of my personal experience and the redundancy of scientific
evidence on the dangers of secondhand smoke, I advocate that the
City impose more restrictive measures on smoking in the vicinity of
private residents along the lines of the public restrictions. This will
confer similar benefits to public anti-smoking legislation and provide
residents with greater backing when objecting to negligent and/or
malicious behavior. Thank you for your consideration.
33904
05/23/2016
I was under the impression that the non-smoking in downtown Fort
Collins included College and Mountain area. Are there any signs
alerting newcomers to town? Driving by this location at 10AM in the
morning I saw young people sitting and smoking. Maybe they don’t
get city newsletters?
33761
06/16/2016
FC Access Cases – Smoking
Page 4
I discovered that the Police Department has chosen NOT to enforce
the smoking law. I spoke to three different officers who said that they
were making NO EFFORTS whatsoever to enforce the ban. When
walking on Mountain Avenue I actually needed to step into the gutter to
avoid the smokers thronging outside Steak Out Saloon and blocking
the sidewalk. I actually stepped in to this saloon to complain and
asked for the Manager. I was told that he was outside smoking. He
was pointed out to me and was standing on the sidewalk smoking,
blocking it…
33658
05/10/2016
There are dozens of people smoking outside of Trailhead, and others,
every night. It’s supposed to be smoke free.
33587
05/05/2016
Just curious if you are actually enforcing the no smoking ban. The
parking lot behind The Rio Grande always has smokers in it, as does
the bike parking area in front of Steakout and Trailhead. I’ve seen
police walk right by the smokers without saying a word. Is this going to
be enforced or not?
33542
05/03/2016
We were thrilled when Fort Collins decided to abolish all smoking in
the Old Town area as well as public spaces. What a great decision!
However, the last several times that we have been downtown we have
seen many people openly puffing in the Old Town area. Some may be
tourists that are unaware of the restrictions, some may be locals
deciding to disobey, and others are part of the homeless group that
frequents the area.
On our recent visit to Golden, Co we saw many signs that “advertised”
their ordinance, thereby making it easier to enforce. I will attach a
picture of what they posted. Perhaps it would be easier to enforce this
same ordinance in Fort Collins if there were more reminders posted for
all to see.
33146
03/31/2016
I don’t appreciate being hassled for smoking when I am clearly 20 feet
from a bus stop by a bus driver who is walking by. Enforce the rule as
posted or mind your own freaking business. I don’t impose my
personal beliefs or preferences on bus drivers, so bus driver: leave
me alone!!!
33115
03/28/2016
I just observed this MAX driver smoking – in uniform, at the downtown
transit center, which I believe is smoke-free property now, and then get
back on to drive the bus.
32876
03/07/2016
I observed numerous people smoking in downtown areas posted as
Smoke Free during a walk last night about 7:00 PM. How are the new
laws being enforced?
32787
02/26/2016
Please address the people smoking in the non smoking areas.
Specifically the entrance of the admin building at 250 N Mason.
People wait for our security to leave and then gather by the bike racks
and smoke tobacco and marijuana. Thank you.
32760
FC Access Cases – Smoking
Page 5
but didn’t care. They were also smoking close right beside the patio of
a bar, within 20 feet. Further south on College just before Olive I saw
a group of 4 smokers on the sidewalk, within 20 feet of a patio they
seemed to be hanging out at. I asked the bouncer about this, and he
mentioned he only has to enforce the 20 foot rule (which he wasn’t).
There were many more people I noticed walking down sidewalks, but it
makes me believe a more concerted effort is required in the evenings
(especially weekends when people tend to be partying more) to
educate visitors and locals about the new rules. The few signs I saw
are not easily visible and not being observed by smokers in my
opinion. I realize the balance between scaring away customers to
downtown businesses and enforcement but it is time to make a more
serious effort if you want to educate the population early before too
many people see it as an empty threat.
32721
02/18/2016
I was in Smokin Money on Elizabeth and had a complaint about some
service I received. I was refused to be given a managers name and a
chubby, multi-colored hair lady came out of a back room, with a pot
pipe in her hand and exhaling, she stepped back and set it down and
said she was the manager. I asker her name and she refused, so I left
and went outside and saw the “no smoking” sign. I decided since I had
horrible service and they were rude, I would turn them in for a clear
violation.
32683
02/16/2016
No smoking signs on the patio railings at both Steakout and Trailhead
saying smoking needs to be 20 feet away????
32661
02/12/2016
While walking through about 3 blocks of Old Town (E. Mountain and
College area) early on Thursday morning, I saw at least 6 people
smoking on the sidewalks. I believe they were all within the area
designated “smoke-free” but they were smoking anyway. Then I
looked around and found it very difficult to see any signage that would
indicate that smoking isn’t allowed. I did see a few small signs that say
something like “Breathe Easy – Smoke Free Fort Collins” …. But those
signs are SO small, that you have to look hard to read them. They
don’t stand out in any way – size, color, or wording. I would suggest
that the city post larger signs (lots of them!), perhaps with the image of
a cigarette with a red circle and slash that indicate ‘NO SMOKING” …
OR, SIMPLY POST LARGE “no smoking” signs. I really wanted to say
something to all the smokers I saw, but without obvious signs to point
to, I can’t really blame them for smoking.
32628
02/11/2016
Smoking non-compliance at FCHA projects – how do we encourage
management to enforce?
31980
01/06/2016
I wholeheartedly support the smoking ban. It needs to be enforced.
Homeless hanging out in Oak Street Plaza blowing cigarette smoke all
over. Would like to see it stopped.
31607
12/03/2015
A map that the website says to see the smoke-free areas, but no way
to read it. It is very small.
30904
FC Access Cases – Smoking
Page 6
30902
09/08/2015
Miscellaneous: With the recent implementation of a smoking ban in
City parks and natural areas, I still observe numerous individuals
smoking in Jefferson Park and do not see the new no smoking signage
posted. Does this park fall under the same regulations as others in the
City?
30880
09/04/2015
I called today about enforcement of the new non-smoking ordinance
for natural areas in Fort Collins and was told that the drainage areas
were not included in the new ordinance. I believe this was a major
oversight and I am requesting that you propose the inclusion of the
drainage areas as they are used by neighborhood residents for many
recreational purposes, i.e.. dog walking, children playing ball, etc.
30769
08/26/2015
The American Best Value Inn was a terrible place to stay, there are
numerous complaints on Trip Advisor…the “non-smoking” room
reeked of smoke and alcohol and the carpet looked and felt disgusting.
This place needs a health inspector like nobody’s business!!! I left a
long list of things wrong with room #101…the parking lot did not feel
safe. I canceled my second night and will never be back. Just thought
you would want to fix this since Fort Collins is such a fun place
otherwise.
30751
08/25/2015
I wrote to the Fort Collins City Council last year about this issue and,
although I was assured that this problem would be dealt with, it is still
ongoing.
30676
08/19/2015
I have recently been informed of the new smoking policy recently
passed, and set to be effective January 2016. With its expansive
restricted areas for smoking, I wanted to know what the reason was for
this, politically and not just for health reasons? This seems to be an
outrageous attempt to deprive citizens of a privilege they’ve held for
quite some time. Also, with the new policy, people caught smoking will
be in such violation of the ordinance that they can receive a
MISDEMEANOR for the act. Do you realize the implications of this
new law? If a person were to be on probation, trying to live a lawful,
peaceful life in Fort Collins, but smokes a cigarette within the defined
area, it’s back to jail for them! Why would the city want to create such
a disproportionate consequence for the act? This is more money for
the city, yes, but at what cost to the citizens who are trying to not go to
jail, or simply have a cigarette (or vape-pen) in peace without being
hassled by an already overextending police department?
I would love to know what forethought has gone into this new policy set
to be effective January next year. Any feedback would be greatly
appreciated. Thank you for your time.
30509
08/06/2015
Neighbors upstairs are smoking cigarettes on their deck. There is also
a strong smell of pot coming from upstairs that is now filling our
hallway!!!!!!
30468
08/03/2015
Is smoking in a HOA park prohibited under the Ft. Collins Smoking
FC Access Cases – Smoking
Page 7
29405
04/28/2015
Smoking on the sidewalk in front of Illegal Pete’s within 5’ of the entry
and roll up doors. Can’t walk out without having to walk through a
cloud of smoke.
29190
03/31/2015
A citizen has an issue with next neighbors continually smoking that
effects her enjoyment of her townhouse across from the housing
authority. Are there any codes that address smoking in backyards and
effect on adjoining properties and their occupants?
28958
03/05/2015
Apparently folks are smoking at the North Transit Center bus stop. Is it
legal to do so?
28952
03/05/2015
Case from owner of Narghile Nights Hookah Lounge seeking remedies
from the smoking restrictions to enable his business to continue. This
prompted the code revisions done in September, 2015.
28749
02/10/2015
I am writing to express a serious concern about your proposed
smoking prohibition.
Can you explain the rationale for a smoking prohibition in certain areas
but not others? It is clear to me that the result will be to drive smoking,
disorderly behavior, and cigarette butts to the areas bordering the
prohibition area.
I live at the DMA Plaza, 300 Remington Street. We are in one of those
areas bordering the prohibition area. We already have problems with
noise and trash from people going to and existing the nearby bars on
Friday, Saturday, and holiday nights. The police will not respond to
our complaints. Your proposed smoking prohibition will exacerbate
this problem and cause it to spread through the residential areas
south, east and even west of your prohibition area….
ATTACHMENT 9
Facebook Conversations Regarding
Smoking Ban
Facebook has thousands of comments on this topic from hundreds of articles being posted and shared.
These are the top comments from the most prevalent postings
Search terms: Fort Collins Smoking; Smoking ban Fort Collins; Fort Collins Smoking Ban; Smoking
Enforcement Fort Collins
The Coloradoan clip: “Fort Collins smoking ban could extend outdoors” – August 19, 2013
34 total comments, 0 shares, 47 likes. Top comments below:
• “If people would use common sense and common courtesy (like not smoking at playgrounds, for
example), these kinds of bans would be unnecessary. Unfortunately, common sense and courtesy are not
so common these days.”
• “ Just make it illegal. It's bs. Cigarettes are legal but God forbid you smoke one. Smoke all the weed you
want in colorado but someone will tell you off if you have a cigarette lol”
• “We allow cigarettes to be sold, yet marginalize the people we sell them too. not a smoker, but support
the right to do so.#freedomslippingaway”
• “If your going to ban smoking under the pretext that it is bad for human health, then you must also ban
pesticides, herbicides, combustion engines, burning trash, Chem trails, burning coal, mining for uranium,
and many more commonly accepted things that are all worse for our health and the health of our Eco
system (which is essentially our health) than cigarettes. This country is making a bad habit of making
hypocrisy official with its laws and policies.”
• “Lets ban restaurants and spoons at the same time cause they make people fat”
• “No, this is ridiculous. And I don't even smoke but... seriously??”
• “Here's a question: why do public places have to be expected to have "designated areas" for an activity
that has long been proven to be unhealthful (I'm unaware of even ONE positive that comes from cigarette
smoking), and that is offensive to more people than not? I'm not suggesting that smoking be against the
law (although I'd personally have no real issue with that), but I am asking, WHY should the public have to
accommodate for it? Makes no sense to me. And by the way, you can't exactly compare smoking to
pollution (not "pollination") from automobiles. First of all, cars are a necessary mode of transport for most
people (and even those emissions are regulated by law!). We also can't just blithely compare smoking to
pesticides, burning coal, etc. All of those things--while there may well be some level of negative
effect/sacrifice involved--are intended for the purpose of benefiting the greater public good. While
cigarette smoking on the other hand, has nothing "necessary" nor "positive" to offer, in terms of its
impact on society as a whole. (In fact, it even hurts the people who actually support/partake in it...it's just
that for whatever reason, they don't seem to care.) Look, as destructive a habit as smoking may be, if a
person could enjoy a cigarette in a public place with NO chance of polluting or disturbing (OR setting fire
to) someone else's personal space, that would be one thing. And like one other commenter said here, if
more smokers would just be inclined to practice common courtesy on their own, maybe we'd have no
need for a "big bad ban." But the reality is, too many smokers DON'T. My feeling is, if someone insists on
smoking, I think he/she can "designate" enough of their own private/personal spaces in which to do it.
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What's so terrible or unreasonable about that? I've always thought it was incredibly arrogant for smokers
to expect everyone ELSE to just "deal with it." Really? A personal hobby/addiction that's so unhealthful
and offensive to so many others? Come on. NO. That's your deal. Not mine. Now, as much as I hate
smoking, I'm NOT saying I hate PEOPLE who smoke. Obviously. I'm not saying it makes you a bad person.
We all have our vices. I'm simply saying, if you insist on doing it, please keep it in your OWN space, that's
all. It's the insistence on blowing smoke on someone ELSE'S right to breathe CLEAN air...that I have a
problem with. It's time our society stops approaching this issue the other way around. Smokers' rights?
What about NON-smokers' rights? This attitude some smokers have, where they say, "hey, if you don't
want to smell my cigarette smoke, you can just stay home"...is beyond backwards. Smokers are the ones
with the dangerous, offensive habit, so all this type of a ban would do, is make it so THEY would now be
the ones who can choose to "stay home." Nobody would be telling them they can't smoke at all. Just that
it's no longer permitted in places where it may possibly disturb and/or negatively impact others. (Believe
it or not, most non-smokers actually DON'T enjoy coming home from a night out, only to find their clothes
and hair still reek...from someone ELSE's dirty habit.)”
• “1000% in favor. First of all, it just seems anyone who would actually choose to smoke anymore in this day
and age--with all that we know about its negative health effects--must have a screw loose somewhere.
But insisting on smoking in public places? That's not just simply a "liberties" or a "freedom" issue...I think
a lot of people would tell you it's the epitome of rudeness. If you insist on polluting your own lungs and
willfully threatening your own lifespan, fine...but why should everyone else in public places be expected
to share in your vile habit? Isn't part of the reason so many of us love Colorado because we love the
outdoors and our fresh, clear air? Cigarette smoking doesn't seem to jive with that, in my opinion. (Not to
mention the extreme fire hazard it also presents in a dry climate like ours.) I remember living in L.A. back
when California was the first to finally impose a statewide public smoking ban (btw, many other cities and
states have already followed suit--if anything, FoCo is surprisingly very late to the party on this). And when
CA did it, it was--and still is--AWESOME. Definitely made it a much more pleasurable experience to go out
somewhere. Sure, some nicotine addicts grumbled about it, but most people seemed to embrace the idea
very quickly...especially those business owners whose patrons appreciated it as a giant improvement.
Hurrah, I say! As loopy as California can be at times, this is one thing they got
right: http://articles.latimes.com/2013/jul/09/news/la-ol-beach-smoking-bans-and-science-20130709”
• “It should be left up to the business owners.”
• “I don't smoke, and I don't like to be in a smokey restaurant or bar, but other than within the immediate
vicinity of non-smoking establishments I don't see the need to have a broader ban.”
• “SPECIAL RIGHTS FOR SMOKERS??? Why are the SMOKERS entitled to smoke...but WE can't breathe
unpolluted air???”
• “I wouldn't mind a ban if there were certain locations that smoking was permitted. Also, there was a
comment in the article that electronic cigarettes could be made illegal. That is bunk. It is vapor and only
offends people who can't stand if something looks like cigarette smoke.”
• “Fort Collins... (The next people republic of Boulder) can KMA!!”
• “This isn't about the individual, it's about society as a whole. I'm all for civil liberties, but govt isn't trying
to tell people they can or can't smoke. Govt is rather trying to create a society that allows people who
choose not to smoke to not be around it if they don't want to be. To say these people just shouldn't go
downtown is absurd. Why should I have to breathe in cancer-causing chemicals whenever I go
downtown? People aren't respectful enough to smoke away from crowds, so the govt is trying to find a
way to protect people who decide to live a healthier lifestyle. I get it and support it. It really wasn't all that
long ago (2003) when you could smoke in bars and restaurants in Fort Collins. Can you imagine that now?
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In the end everyone (except for a few disgruntled nicotine addicts) will realize this is for the better for Fort
Collins as a whole.”
• “This is something else that should go to the voters. Not sure why the city council feels the need to pass
through bills and laws that the people should have a say on. I never had a problem when it was kicked out
of the bars and restaurants. I'm not sure I uderstand the need to go to extremes, or what good this would
really do. At events and such most have designated areas for smoking. People I think need to get a reaility
check. Your car causes more pollination then anything, but that inconveniences you. So facts are little
when it causes a problem to you, but you have no problem attacking anyone else and blaming everyone
else, when you should first look at what your doing before judging others. Even if this is passes and
smoking is no longer aloud at bars or anywere in and around town I would very much like to know how it
will be inforced?”
• “ A lifetime of smoking killed my mom. If smokers want to pollute their lungs and kill their bodies, let
them do it in their own homes and keep their second-hand smoke to themselves. I personally don't want
to breathe their smoke, and I shouldn't have to limit where I go because someone else is too selfish to
care about anybody else.”
• “yes... would go to Fort Collins more”
• “If I need a nanny, I'll hire one.”
• “I am also "a huge fan" of personal liberties. But to me, that just doesn't include activities that infringe
upon (most) other people's ability to enjoy themselves in public...or even to be able to breathe clean air.
Come on, people. Yet another good reason for a public smoking ban would be this: how about the fact
that it also sets an irrefutably negative example for children and teens? Is someone going to snap back
and try to argue that, too, citing some sort of "it's a free country" nonsense? The mind reels. Or perhaps
say something like, "well, then we should also say people can't ever drink alcohol or eat fatty foods in
public, either"...? Please spare me. What separates smoking is that it actually has the potential to
negatively impact someone ELSE's health AND personal space...in fact, literally down to the very AIR
they're trying to breathe. Why all the bellyaching about a ban? What is so unreasonable? If you're going
to take up a dangerous, widely offensive habit, what is so wrong with society requesting that you simply
do it in a personal/private space? Whether or not it's "a legal activity" is irrelevant. THE POINT IS, it's
offensive and disruptive. To illustrate it another way: if someone is blasting loud music in such a way that
it's clearly disturbing his neighbors, he/she can be legally charged with the crime of "disturbing the
peace." It's not that playing the music itself is illegal...its HOW and WHERE the person is choosing to do it
that determines whether it is a crime. Tell me, how is public smoking any different? "Disturbing the
peace" is generally defined as "the unsettling of proper order in a public space through one's actions."
Blaring inappropriately loud music...smoking cigarettes (or whatever it is you smoke) around other non-
smokers...it's all the same to me. It has potential to bother or harm a lot of other people...and since
smokers all know this, that makes it not only inappropriate...but also INCONSIDERATE. And I don't see
that point as being even remotely debatable. A public smoking ban would go a long way toward
preserving the "peace" for MOST of the general public, and I happen to see that as a good thing. One last
point I'll make (as some of the posts here are getting increasingly nutty) is this: I often wonder how an
otherwise intelligent person could even choose to smoke in this day and age anyway. I mean, with all we
now know about the negative health effects of cigarette smoke, don't these people care about what they
put into their bodies (or at the very least, how their secondhand smoke in public might affect others)? But
then, I also happened to notice that many of those posting here actually in SUPPORT of public
smoking...also don't appear to know or care all that much about proper spelling/punctuation, either. Just
an observation.”
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• “i believe in freedom I dont get to tell you what to eat or drink what gives you the right to limit my
freedom to engage in a legal activity? Joe Average's SUV emissions hurts your lungs way more than my
2nd smoke but oops that isnt politically correct”
• “ "Don't drive your car in my city I don't like your dirty habit of being too lazy to walk or ride a bike" same
exact thinking, just as ridiculous”
• “When one eats or drinks something...they keep it to themselves...BUT SMOKERS ALWAYS LOVE TO
SHARE THEIR SMOKE...THEY CAN'T EVER KEEP IT TO THEMSELVES”
• “No.... Not in favor....”
• “I think this town is getting ridicules. I have lived in Fort Collins all my life and I am pretty sure there is
plenty of room here for smokers and non-smokers. Stop trying to be Boulder, City of Fort Collins! Try
being the town people liked and wanted to call this place home”
• “You're right only people that do smome should not be allowed to go downtown and enjoy a few good
beers with friends..... I still say give it to the voters and not just the ones that live inside the city but all of
Larimer county.”
• “Lol how about this, we leave it up to the business owners, and those who smoke can patron a business
that allows such activities and this who do not go somewhere else! It's so simple! Why all the fuss?”
Coloradoan – “Fort Collins weighs stricter rule son outdoor smoking” – February 3, 2015
*171 comments, 36 shares, 796 likes. Top comments below:
• “Jesus the solution to you having a problem is not to ban everything! Here's a solution if you see
someone smoking and you don't like it DON'T WALK NEAR IT! You people are so dumb lets legalize people
smoking weed and ban people smoking cigarettes!”
o “Smoker take smoke breaks right outside the entrance door, rather nasty. When I see this, I don't
return. Smokers need a break spot and it shouldn't be at the entrance where NON-smokers have
to walk thru.”
o “What if they are in the path where you need to walk? Right in front of doorways? There
wouldn't need to be a ban if smokers had more courtesy and respect for those who do not
smoke, and can't be around smoke.”
o “What about those who have asthma or other respiratory issues that are around you? Did you
ever think of them? Just that little but of smoke can cause them to have a serious reaction.”
• “So... where, in the Hell, could one smoke if they wanted to? I'm not a smoker but isn't this America?..
Land of the free? Anybody ever heard of that?? I don't care if you like it or not! Live and let live for Christ's
sake! It's time to STOP trying to push an idea, or an ideology, onto others just because their way isn't
yours!! GET OVER IT!!! end of rant.”
• “I see FoCo and Boulder ban smoking because other people don't like it, why not ban cell phones! No,
really! It sucks when people talk out loud, text and walk, text and drive, take selfies, and the give off
radiation! Women that say "don't smoke around me because I'm pregnant" and yet they put a cell phone
next to the baby? Let's ban people over 5' tall because other people can't see over them! This is BS folks,
grow up and deal with it! If people spent the same energy on doing productive things the world would be
a better place!”
• “Well, this is one cities I will never go visit anymore. People trying to tell others what to do. That's just
wrong.”
• “They are outside for crying out loud! I understand inside bans but outside...being ridiculous. Bigger issues
to deal with such as crimes, drugs (heroine, meth), etc.”
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• “Next on their agenda, cars and truck will also be banned since the pollute far more than cigarettes”
9News (KUSA) – “Fort Collins smoking ban starts Tuesday” – September 1, 2015
*629 total comments, 346 shares, 2.3K likes. Top comments below:
• “Current smoker, who is having a very hard time quitting, think it's a great idea I'm not gonna go outta my
way and get yelled at for smoking it will help me and a lot of people like me quit.”
• “I recently quit smoking and I don't agree with this at all!! Most smokers are curtious with non smokers, I
can understand no smoking in restaurants but outside really?? Smokers already have to bow down and
submit because it offends someone... well try this, if you don't like smokers, go around them or of your
walking near one just say "can you wait to take a drag til I pass" yes eventually there won't be any more
smokers or it will be rare but until then, this is a free country where people can smoke drink and do as
they please, so get off your high horse and remeber no one is perfect”
o “Most smokers are not considerate. Far too many smoke near children (most times upwind,
even), next to business doors and leave a huge mess of cigarette butts all over the ground.
Smoke outdoors will travel with the wind farther than you think. If you want to smoke, I don't
care, but as soon as your bad habit starts affecting my health, it's no longer okay.”
o “You all think it's about being offensive but what about when I'm just going to the grocery store
and I have to try and get through the doors to do so without breathing in someone's smoke that
will trigger an asthma attack for me. Smokers do not think of how much it really does effect
others and in what way. Sometimes I've had to even close my windows to my own home as to
stop a neighbors smoke from getting in. Really? I'm not even allowed to have fresh air so that a
smoker can have their way. I understand smokers want their rights but what of the rights of
someone who simply wants to keep breathing? There really is a lot to think about when it comes
to this issue.”
• “Taking away people's rights while trying to justify it. If you're out side and complaining about smoke
you're standing too close. I think we should ban alcohol from public events because I'm tired of seeing
hearing and getting bumped into by drunk men.”
o “You can't get drunk standing next to a drinker.”
o “I agree!! I'm a ex smoker, and don't like the smell anymore, but going to this extreme with the
ban is ridiculous!! I think Colorado is becoming more and more like California!!!”
o “Tell that to my mother with emphysema”
o “Although I feel very deeply for your mother we all live here and it should be a majority rules
vote not forced on people by the county.”
o “if I'm out side & i smell smoke as well as my 5 year old....you are to close to us! :) go slowly
kill yo self somewhere else”
o “Oh I don't smoke in front of kids I have the common sense not to. But if I'm at the park minding
my own business not hurting anyone (far away from any playground) and I decide to smoke a
cigarette I shouldn't have to accommodate to someone who showed up after me and is offended
by the smell. Move away from me it's that simple.”
o “Non-smokers don't get it. They think it is okay to force their beliefs on you "because they're
right" and "they're just trying to help you" which is BS.”
o “Soo if I'm trying walk into,a store with my asthmatic 4 year old and some inconsiderate smoker
is standing right by the door (OUTSIDE!) holding their lit cigarette at my son's level... Whose
rights are being affected? The smokers or my son's?!”
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“Neither it's called life in America the land of the free”
o “I don't want people putting fat exhaust pipes on their Diesel trucks but they do it even ways.
That's life. We are surrounded by pollution we live in a city.”
o “too many do not understand rights and freedom..my right ends where your begins..we all have
the right to clean (as possible) air..when my clean air takes over your smoke then I have infringed
on your rights,,,when your smoke takes over my clean air then you have infringed on my rights,
Pretty simple..”
“Your smoking on me doesn't bother me, if my vomiting on you doesn't bother you. Me
and my baby bump don't need your chemicals.”
• “It's funny how we now are a country that frowns on smokers but we pass a law to legalize pot.”
o “And no one banned smoking. Banning public smoking and banning smoking are not the same.
Pot is still more strictly regulated by miles and miles.”
• “Alcohol consumption is banned in public, so how is banning smoking any different? Everyone is crying
about their rights going away, but there are a lot of things you are banned from doing in public, smoking
isn't really any different in my opinion. I used to smoke and as a smoker I was so happy when they banned
smoking bars and restaurants. Maybe banning in public places is going a little far, but I get why people
would want it. Smokers are selfish and don't think about how their smoke affects other people. My
boyfriend is a smoker and we fight about it all the time.”
o “Alcohol consumption is not banned in bars, nor is there anyway to stop those who have over
consumed in restaurants and bars from getting in their cars and threatening the lives of many
others.”
o “Its not about selfish, right or wrong. More like voters should be allowed to make those decisions
not government. Starts with the small stuff and when you are banned from anything that is
pertaining to you, then I guess you will get it. I take it you are many of those who never realized
that our vehicle registrations were increased without voter approval and they increased to
whatever they felt like.. Starts with banning the small stuff...”
• “I quit smoking2 years ago, but as long as tobacco is legal, I oppose smoking bans for public spaces. I will
no longer drive to Fort Collins to shop, eat, or play so long as this ban is in effect. There are so many other
options available that I may never return to FC”
o “I quit smoking2 years ago, but as long as tobacco is legal, I oppose smoking bans for public
spaces. I will no longer drive to Fort Collins to shop, eat, or play so long as this ban is in effect.
There are so many other options available that I may never return to FC”
o “I was going to say that I believe Boulder has smoking bans as well. At least on Pearl Street I
know they do. You're not allowed to smoke in the malls and some have changed the designated
areas. I know I've only scratched the surface.”
• “Since 3/4 of people don't smoke and care enough about their own health to avoid it, I'm guessing that
smoking bans will attract more people to places with them than will be chased off.”
• “Fort Collins is hell on earth. Who cares about smoking. Kick out anyone who moved here within the past
5 years this town sucks now.”
• “I think it's a violation of my rights. Not smoking in a bar or restaurant is totally acceptable. Even as a
smoker, I like it better that way. Concentrations of second hand smoke can be harmful. Smelling smoke is
NOT harmful. There is no way to get enough second hand smoke in the open air to be harmful to you! I'm
hating that we're letting this bunch of uneducated libtards run our lives. It's about time to stand up !!!!!!”
• “Yay for smoking bans. Dublin, Ireland calling. It's 2015...get with the programme people.”
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Page 7
• “Nothing is more disgusting than enjoying lunch on a patio downtown and getting a nice big smell of
someone's cigarette....I appreciate the courteous people that smoke and try to keep it away especially
when children are around, but unfortunately I have witnessed a very small amount of people that do that.
If you can't just pull out a joint in public and smoke it, you shouldn't be able to pull out a cigarette either.”
• “I quit smoking 4 years ago. These bans still piss me off. Let the owners decide if they want a smoking
section. They then can deal with the concequence of losing business of non-smokers.”
Coloradoan – “Fort Collins redies for smoke-free downtown” – December 17, 2015
*122 comments, 141 shares, 686 likes
• “Thanks fort collins residents, for voting to make people who smoke (which is a personal right and choice)
potential law breakers. Its one thing to make them smoke outside, but to take their right away is so
stupid. I hope the bars/establishments survive. So dumb.” (46 replies total)
o “Cigarettes are the least of our clean air issues. How is this ban fair to the businesses in old
town? There is alot more serious risks in old town than someone smoking a cigarette. How many
drunks walk up and down those streets every day and night? Fights? The list goes on. Someone
smoking on the street has never bothered me as much as a homeless drunk guy being
belligerent. Or the douchey a-holes in the square after bar close. Or the guys who drive diesel
trucks that blow stinky black smoke.”
o “Poor health choices are not the business of the city. Period. If i wanna smoke, thats my right.
Just like bars and their patrons have their right to drink and stumble around like idiots. Its
absurd.”
o “Just an FYI, residents were never given a choice to vote on the matter. This entire decision was
handled by the 7 members of Fort Collins City Council. I would be very interested to see what the
results would be had this issue been a public vote”
o “Sure, you have a right to damage your own health. However, you do not have a right to damage
someone else's health.
For instance, if you want to drink alcohol in excess and destroy your liver, that is your right. If you
want to drink alcohol in excess and then drive your car, potentially injuring others, that is not
your right.”
• “I'm not a smoker but this is overboard and an example of liberalism run amok. They are trying to create a
utopian Ft. Collins by means of ordinance after ordinance banning this and that. Including vaping in this
rule is ludicrous. In the future they will probably ban cars in downtown Ft. Collins.”
• “I'm all for everyone to have the right to do as they please, but there are health issues with inhaling
second hand smoke and though you have the right to smoke you choose to poop on the nonsmokers right
to "clean" air. It's a fine line of whose right should be taken and whose right should be honored. In this
case majority won.
On another note, I never noticed how much of a difference an ordinance like this makes until I went to a
city that allows smoking in town and let me tell you, it makes a huge difference not having to breathe that
crap in all the time. The downtown area of the city I recently visited was unpleasant to be in because of all
the smokers on the street. Bleh!”
• “So the city kicked smokers out of bars and restaurants because non smokers didn't like them smoking
inside. Then the non smoker's realized while walking around outside in old town that by getting smoker's
kicked out of the bar's and restaurants that they didn't get rid of the smoker's they had to walk right
through the groups of people smoking. I did at one time smoke. Quit several years ago. But for the city to
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Page 8
say that people can't smoke in or even outside of anywhere in Ft Collins is ridiculous. Maybe the city
should FOCUS more on the violence and crimes of drive by shootings, robberies, rapes, ect...”
• “ I just read all the comments. wow! Strong feelings on this issue. My thought is, if smokers hadn't made
themselves into annoyances, the rule would never have been proposed. I don't care if you smoke, but I
don't and I don't want to have to inhale your second-hand smoke, which, because some of you are very
inconsiderate and make it impossible for others to escape, I have to do any time I go to Old Town. I'm not
sure a LAW was the answer, but what else you gonna do?”
• “I don't think it should be banned completely, however, I think there should be specific areas for smokers.
A smoker sitting right outside of a store doorway in old town blew smoke directly into my kids faces while
we were exiting the building. The woman with him apologized for him when my 3 year old began
coughing. The man smoking retorted with "don't apologize. They can suck it up." If I wanted my children
to "suck it up" I'd start smoking around them on my own. If you're going to do something hazardous to
your health, whatever, but do it away from my children and I.”
• “ I think this is one of the most stupidest law ban on a town..I mean really ..here's a difference when
someone smokes inside a bar ..the smoke stays inside the bar..but when a person smokes outside it goes
into the air..it don't blow over across the street for someone to breath it..yes I am a smoker..and thought
that bars ban was stupid on smoking but I would of been ok if they ban it on restaurants like red lobsters
and Texas Roadhouse that sort of the kind where there's kids..but u don't see kids in the bar after late
hours and I feel like the bars should put in those smoke screens that sucks up the smoke that I hav seen
on bar rescue tv show...but good luck on people wasting there tax money on that ban law cuz that's what
u paying for that to be become a law...so once a again a waste of money and time..someone should used
there head to do something different for the town but not about smoking”
• “How does vaping hurt anyone? There's no scientific proof that it does and smells way better than a
cigarette. So stupid! That's why I don't bother going downtown. Businesses are going to struggle from
such a petty law. I don't like the smell of cigarettes but I also don't like the smell of diesel trucks either.
Foco is so pretentious that it's disgusting. They need to focus more on the homeless people. Perhaps
relocate the shelter. I've had some of those people threaten me physically in front of my children because
I didn't have any money to give them.”
Coloradoan “Why Old Town isn’t exactly smoke-free even though there’s an ordinance
requiring it”– January 23, 2017
*16 comments, 1 share, 17 reactions
• “This is why they don't take it seriously. They know the risks so there is no need to waste time to
"educate" them. Give them a fine. If the do it again give them a fine. Keep enforcing it. Then they will stop
doing it. It's that simple.”
o “Enforcement is absolutely impossible! That's why these adjustments to rules are being
considered. Do you as a taxpayer actually want to foot the bill for proper enforcement. I'm fairly
certain that most folks would say no.”
o “I shouldn't have to foot the bill for proper enforcement. They should do their jobs and enforce
it. Just because too many people are doing it doesn't mean they stop enforcing something. That's
insane logic! I would be happy if I atleast saw cops trying to do something. They just walk by
don't say a word. It ridiculous!”
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Page 9
• “I highly doubt there is confusion. I actually would believe that people are making the free cigarettes
statement to be sarcastic. People don't want their smoking to be controlled by the city and are therefore
ignoring the law. Personally I think going with the no smoking during the day is an okay idea. Health wise
it is for the health and safety of families, particularly children, who aren't there after ten or eleven at
night.”
• “I think lifting the band at night is a pretty solid idea. Im guilty of smoking smoking on College (in old
town) in the middle of the day. I always catch myself tho and toss it or take it off the main drag. Lifting the
band at night, like round 10 or so when be a good move. Late enough that kids arent out. Anyway way
you look at it tho... its all about respecting who and what you are around.”
• “How about educating them by fining them?!? I've never seen this waste of time and money enforced.”
• “On numerous occasions, I have mentioned the ban to smokers in Old Town. Only one time did someone
say they were unaware of it since they were from out of town.”
• “I'm a "they" and I don't patronage any businesses in Old Town because I'm a disgusting and vile smoker.”
• “Let em have their smoke. They're not hurting anyone”
• “I think offering specific places for smoking, like a smoking hut on each block, could help this. Something
easy to find and use.”
• “It's ridiculous and big brother. Why do they still have butt receptacles on top of the garbage cans?
Confusing message.”
• “Welcome to Fort Boulder!”
ATTACHMENT 10
Downtown Fort Collins Smoking Ban Comments
(Coloradoan/Collegian)
Coloradoan – “Council Backs Expanded No-Smoking Regulations” (Feb 3rd, 2015)
• Is this really what we are paying these people to do? Stop wasting out money and do
something that actually makes a difference.....
• I was sitting at a bus bench today in Fort C. and it had a no smoking sign?? We legalize
weed, but can't smoke a cigarette at a bus stop?? SMH
• While we are discriminating people let's make it so fat people can't order fast food that
should save the government on insurance... just saying you can't put a ban on one group of
people that's discrimination.
• They will continue to take people's freedoms away until they are voted out and people will
stop tolerating it.
• Isn't communism wonderful? Just think, Big Brother takes care of you in every way.
• This is how it should have been handled ten years ago... instead of banning smoking in
private businesses like bars and restaurants, they should have banned it in public places,
while allowing private businesses to choose whether they wanted to allow it or not. IMO they
have done it completely backwards.
• Yes, because creating a larger smoking ban is a massive priority in Fort Collins. What kind of
idiots are elected to the city council?
• We need LESS Government on our lives!!!!
• It is so sad how many people think this is governments roll. I don’t smoke in fact I hate the
smell. However I understand that freedom means tolerating things I don’t like. When I was a
kid I thought Democrats stood or freedom FROM government, now they stand for nothing but
bigger government and less liberty.
• I don't really smoke, but this bothers me. I keep doing less and less business in Fort Collins,
and I even moved just outside of it. If this passes, I'll shop there even less than I do now
(though, once the bag tax starts, I likely won't shop at all in FoCo anyway)
• I like an occasional cigar while golfing. I can't believe they would consider banning smoking
on a golf course.
• Smokers and the like should just find another place to go. Vote with your dollars. The city
won't like less income from less taxes. Businesses should be complaining more.
• Finally! Someone figured out a way to keep Obama from playing golf five times a week.
Outlaw smoking on the course. He'll have to put down his sticks so he won't have to put
down his sticks.
• This is the second time the mayor has voted to keep smoking closer and more visible to our
children. I'm really not sure I could sleep well at night if I took that position.What is the mayor
thinking? We have known for decades smoking is one of the biggest health problems. We all
know people who have died from smoking.We know kids are more likely to smoke if they see
it happening. We know second hand smoke is harmful to everyone. Smoking sucks financial
resources away from those who need it most and causes a drain on society (think higher
taxes and more expensive health care).Those who call it encroachment on freedom: your
Online Comments - Coloradoan and Collegian
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"freedom" ends at the point where you send carcinogens into my kid's lungs. Waste your
money killing yourself if you like, but you don't get to harm other people while doing it. This is
a common-sense issue and I think the complaints about the ban are coming from smokers.
• Maybe this should be a community vote. I bet I could get 4,000 sigs in 20 days for this.
Howabout allowing smoking after 10pm (when the current law isn't enforced anyway)?
Howabout allowing smoking on bar patios that are away from non-smokers? My smoking
friends are very considerate not to bother. I guess not all smokers are like that. And I guess
some non-smokers are fascist dictators
• Yet another half measure. Plastic bags were horrible for the environment, why not ban them?
So smoking is bad and hazardous, but only for the people in old town and parks.
• Whats next cant lit up in my own back yard?. Someone needs to tell the city council that this
is still a free country as much as they want it not be. why do non smokers have more
freedom and rights then other hard working tax paying americans? why do non smokers
have the right to make other americans 2nd class citizens?
Coloradoan - “In The City: Where you Can’t Smoke Starting Sept 1” (Aug. 22, 2015)
• This law is unconstitutional and I will continue to smoke anywhere I want to and if a cop
wants to give me a ticket I will take it in front of the Supreme Court and prove that this is a
law that is completely and totally unconstitutional and a violation of my pursuit of happiness I
can understand not smoking in an enclosed area or in the 10th or something but on a bike
trail or on the golf course the City Council of Fort Collins can kiss my butt I'm going to smoke
anywhere I want to and I dare the cops to give me a ticket I dare them to
o I'm with you. Give me a ticket. I'll demand the case go to trial. Make the city spend
thousands of dollars to enforce it
• Just another reason I don't go to Ft Collins...just like Boulder...My business goes elsewhere.
• Watch the council meeting where they approved this. This is not about health and safety but
getting those people ceratin council members considered undesirable out of the downtown
area.
• As a non smoker and former smoker. This goes way too far. I get inside but outside? Grow
up if you don't like smoking move. Have you looked outside the last few days? How much
smoke is in the air already? Someone smoking does not hurt you ore your rights.
o "Someone smoking does not hurt you ore your rights." You're kidding, right?
Your logic is completely ridiculous. There's already wildfire smoke in the air, so why
not let others light up?! "...if you don't like smoking move"? Right, and that's what
smokers are being told: move.
• If people would recall, Fort Collins passed the original no smoking ordinance without putting
it to a public vote and were threatened with impeachment for doing so. At least that's what I
recall.
o Please tell me more about this impeachment conversation. I don't recall it.
• I am not a smoker (except for a rare NY Sherman Natural in the very perfect moment on a
summer afternoon with a beer or glass of wine), but this is way too extreme. Anyone who
gets a ticket for the new open space regs has my support to fight this rediculous over reach.
o If I'm ever ticketed for it, I'm taking out to trial
• I will be boycotting fort Collins I will not spend one red cent in that town!
Online Comments - Coloradoan and Collegian
Page 3
o Then I guess you can't dare the cops to ticket you, huh?
o I just said I will not spend any money in that nanny city! I do plan on smoking
wherever I please though! I'm a grown a** man if I want to smoke I'm going to
wherever I'm at outside. I hope I get a ticket I hope I get multiple tickets cause a
harrasment lawsuit and a rights violation lawsuit will follow once the charges are
dropped because the law is UNCONSTITUTIONAL! Believe me I'm not the only one
who will not spend money in that Communist city because of this crap! I'm sick of
being told what to do the city council can kiss my butt the mayor can kiss my butt and
the police can kiss my butt! This is the land of the free we are turning into a
Communist country because recent generations are filled with whimps and weak
minded people!
• Perhaps a PEACEFULL smoke in somewhere is in order!
• As a non smoker and a parent of a child with a heart transplant, I'm glad to see this. Yes, we
take precautions on smoke filled days because of fires. But when we can't walk down the
streets in old town and get away from it standing in front of buildings it is too much. Between
the pot smell and cig smell, it can be overpowering.
• I have multiple chemical sensitivity so why doesn't the city write laws that block wearing of
fregances in same areas
• Next we'll be forced to drive electric cars. Not sure how far the government will go to have
total control.
• Including electronic cigarettes only proves that they know nothing about them. It's not smoke.
You cannot get "second hand smoke" from electronic cigarettes. This is a bit extreme. I
understand not smoking e-cigs in a bar or restaurant, where you wouldn't typically smoke a
cigarette. Fine. But issuing tickets? For being outside or god forbid waiting for public transit?
Give me a break.
• Then stop selling them all together! The price of cigarettes keep going up, but smokers see
no benefit from it. I think ALL money collected from cigarette sales and taxes should be put
towards creating well ventilated, smoker friendly, areas. Non smokers can have their places
and smokers aren't treated unfairly. Sorry, but non smokers are NOT the only ones who pay
taxes and contribute to the financial gains and benefits of a town. So therefore, they don't
OWN it. Oh, all fine money collected from this asinine law should be put towards smoking
areas too. Welcome to America, land of the free.
Coloradoan - “Fort Collins Readies for Smoke-Free Downtown” (Dec.17, 2015)
• Another good reason to skip old town and stay south of Prospect. Thank you city council
for micro managing our lives so we can be more like the losers in Boulder.
• You people are nuts. Sounds like a bunch of control freaks to me. I've never smoked, but
I could care less if people smoke outside, with a "real" cigarette or a e-cigs. I agree with
one of the other comments...you just want to control people....it has nothing to do with
health issues. Boulder can't control it on campus....I hope you find out the same. The
"holier than thous" are getting a little old to listen to. Go find something else to control,
you idiots!
• Legislating morality... and becoming Boulder....
Online Comments - Coloradoan and Collegian
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• I'll be shocked if this is enforced after dark. The "no smoking within 20 feet of an
entrance" rule hasn't been enforced, and that's been on the books for god only knows
how long.
• 1st: I have mixed feeling about this law. I don't smoke or want to be around smoke.
However I have issues over the law.
2nd: The river district isn't included anyway, and that is the new hot spot of future activity.
3rd: Im not expecting anything to change, this is the equivalent to skateboards on the
sidewalks of old town, and we all know how that is enforced.
• This is so stupid, I dont even know what to say.
• This is just the beginning of many more stupid controlling type regulations coming our
way.
• Hey city council, why don't you put controversial topics such as this to a vote by citizens
of Fort Collins?
• Not one comment here is in support of this ban.Mine included, of course. I'm not a
smoker, and I think this is dumb.
• I personally will no longer spend any money at any of the businesses inside of this zone.
This has to be one of the dumbest things I have ever heard of.
o What makes you think that the businesses inside this zone had any sort of say or
in any way supports this?
o Old Town has been going in this direction for a long time. The Sunset Jazz Club
was non-smoking back in the early 90's when there were no smoking bans.
o I see, so your proof that all or even some of the businesses inside this zone
support and/or voted for this ban is because some club, which I've never even
heard of, 26 years ago self elected to be non-smoking, at a time when not
required? Therefore, this group of businesses banded together and begged for
additional regulations from the city that micromanage the public spaces around
them? Well, I personally know a few of the managers and small business owners
in this area and, like every other Fort Collins citizen, they were not given the
choice to vote on nor a choice to opt out of this ban. I will not speak for whether
or not they support this ban as it is not my place to be the mouthpiece for these
particular establishments, however, I would encourage you to seek facts from the
small business owners prior to making threats about boycotting those who had
nothing to do with the decision, support and enforcement of this particular new
rule. One step further: Find one business that is in favor of this and I'll join you in
skipping that storefront. For the rest, they are unfortunantely mere victims of
circumstance and location.
o I don't see any businesses stepping up against it either. If they are against it, they
should petition against it. At least then I might consider visiting one of those
establishments. As an alumni with 2 kids at CSU I still spend a lot of time in Ft.
Collins. As I originally stated, I personally will not be making an effort to frequent
Old Town after this passes. There are plenty of other great places in the city
which I would gladly spend my time at instead of Little Boulder(old town).
• This should be a lot of fun to watch with ALL THE IDIOT TRANSIENTS DOWN TOWN!!!!!!
Now we can change the name of Fort Collins t The People's Republic of Boulder, North
Branch!!!!
Online Comments - Coloradoan and Collegian
Page 5
• Fort Colins is becoming the Republic of Boulder. Liberals get elected to city council and then
force their socialist rules on the community. Wake up Fort Collins voters.
• I like the idea of this law. I HATE cigarette smoke and I don't my family to walk through
clouds of it when we're in Old Town for dinner. However, I think this law goes a bit too far.
Let smoking take place in certain alleys behind buildings. Let the bar crowd smoke after 8pm
(they're going to anyway). Hell, if nothing else, enforce the 30 foot from doors rule.
• What happens if you don't pay the ticket? Do you go to jail? Could someone get a criminal
record and serve time for smoking a cigarette in an alley?
• As a smoker I've always been hyper sensitive to non-smokers. I'll stand in the middle of the
damn street in order to minimize my impact on other people. I completely agree that other
people shouldn't have to smell or breath my smoke...to a degree. I can only retreat so far into
the middle of the street before accidents start to occur. The most dangerous element in
second hand smoke, I think, is the carbon monoxide. By the logic of this city council I expect
to see all cars banned in old town, immediately. Lets compare total carbon monoxide output
of cars to that of smokers and see how little sense this makes. I wish I wasn't a smoker, but I
am. Most smokers feel this way. I'm sorry we don't fit in your picture perfect world view. But
here's the thing; legislation by prohibition has never worked, and will never work. You're
morons for thinking it will. I will continue to smoke in old town, as respectfully as I am able,
as will many others. Ticket me all you want. Pricks.
• Crazy, stupid law -- it's all about CONTROLLING the public. Time for a new City Council.
Remember this next election time. P.S. I do not smoke, but this law is objectionable in so
many ways.
Coloradoan - “Smoking in Old Town? Slim Chance of a Ticket” (Aug. 2, 2016)
• It is a stupid law. Nanny police on steroids.
Coloradoan - “Increased Enforcement of Smoking Ban Coming Soon” (Feb. 21, 2017)
• As someone who's had a child hospitalized by a sudden asthma attack, I won't miss the
cigarette smoke in Old Town.
• My husband and I walked a few blocks in the heart of Old Town recently and passed three
smokers in the supposed "smoke free zone." Good luck enforcing this.
o And they'll there tomorrow too. It's called being outside in a public place. When you
live in an urbanish environment, there are certain things you have to accept.
• Remember when you went into a Ftc resturant and were asked 'Smoking or non-smoking"?
Hopefully not. That was then. And we heard from everyone including Jake of Mulligan's that
it would drive the resturant trade out of business in Ftc. Yeah... When was the last time you
saw an empty resturant. Well now we have it in spades. The new director of the EPA wants
to back off on clean air and clean water requirements because "it will be too great of a
negative impact on the economy". At no time in the history of this country has the economy
been as strong. When the going gets tough, the tough get going. I think we can figure out
how to make this happen. Colorado has been leading that fight also and the attraction to this
state has never been stronger.
o Not sure of your exact point but Jay’s is desolate any more and a fabulous place - a
Cut Above recently closed down. Many more can cite their favorites that are "empty"
Online Comments - Coloradoan and Collegian
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or closed. Of course, that has nothing to do with the premise of the article - the ban
on smoking.
o This is in no way comparable to opposing the clean air act. That's a really idiotic
comparison in my opinion. Smoking bans aren't going to drive bars out of business,
but they sure make life difficult for certain patrons. I can understand why
coopersmiths would want to have a smoke free establishment, but there are certain
places where the majority of customers smoke. Swing by the West End Pub
sometime. In the winter you'll see the entire bar file outside and huddle together in
the frigid cold just to burn a grit. It's ridiculous that places like the West End have to
suffer because of a group of people who never even go there. I support an individual
business owner's right to make decisions about their own establishment, but a
blanket ban is a bridge too far imho. By the way I wholeheartedly oppose any effort
to weaken the clean air act.
• This ordinance is outside the proper scope of government: public safety. Rather than
enforcing it more, we should end this overreaching ordinance. You can't force an individual
to make healthy decisions, but you can make people's lives miserable trying. Smoking
outdoors is an extremely minor source of pollution compared to other sources, and vaping is
even less hazardous. I find smoke as annoying as the next person, but we drew the right line
when we pushed it outside. –A non-smoker
• I view the issuance of warnings as a joke, these ordinances work about as well as no
skakeboards and bicycles on old town sidewalks. I know police won't issue a ticket, everyone
knows they won't. If I were police, I'd feel pretty silly asking those to put out their smokes, we
all know smokers get a pat on the back, just like the bicycles and skakeboards.
• Thank you! Smokers inconsiderate is only topped by bicyclists. Regretably manners are a
forgotten dream.
• I'll eat my hat if anyone gets a ticket downtown late night. Drinkers like to smoke and people
who fuss at smokers don't go out drinking.
• This is a waste of our taxpayer dollars.
Coloradoan – “Duggan: Smokers Ignore Downtown Smoke-Free Zone” (Jan. 20, 2017)
• Imagine that! People disobeying signs, kind of the same way criminals ignore signs that say
"Gun free zone" The difference however is I doubt smokers are intentionally targeting the
smoke free zone........ unlike criminals that intentionally target victim rich gun free zones.
• No Smoking Ordinances are like no bicycles & skakeboard Ordinances. To go a step further,
it's like stop sign Ordinances for bicycles.
✔ If it's not enforced! ✔ It's not a law!
Go ahead, continue city outreach/education efforts.
Those outreach & education efforts for smokers will work about as well as outreach &
education efforts work with drug addicts & homeless.
People Just Don't Care.
• Sure "people" care, LOL, that's why there is outreach and education. If they didn't care there
wouldn't be homeless shelters, the Murphy Center, and people wouldn't be trying to treat the
"drug addicts". So just to be the devil's advocate, who's educating the "drug addicts" that
frequent the plethora of downtown pushers of bacteria excreta? Does nobody care, or are
they just "acceptable drug addicts"?
Online Comments - Coloradoan and Collegian
Page 7
o I don't think the drug addicts care.
o Drug addicts don't care smokers only care about repeals and get back to normal
again smoking indoors
• I don't think the signs are the problem, people are smart enough to know what the message
is. They just choose to ignore it. ESPECIALLY if everyone knows there is little enforcement.
• Here's an idea. How about using signs that say, "No smoking" or "Smoking prohibited",
followed by, "Violators may be ticketed and fined."
o They won't be ticketed or fined. There is No Enforcement! Just pep-talk.
o How about if it says "Violators will be shot"?
o Like those No Panhandling signs ? ;)
Ft Collins is more concerned about it's appearance than actually doing something.
Unless it's to eminent domain someone's property for what ever the cause de jour is.
• Rather than trying to make all Downtown Fort Collins a smoke free zone, how about making
designated smoking areas just like there are designated drinking areas. How about letting
establishments decide if they are going to be smoke free or not rather than craming an
ordinance up their kazoo? Alcohol and tobacco kind of go together in case y'all haven't
noticed and have since tobacco has been in use...
o Justvrepeal all the stupid bans shs is a joke
• Lmao you thought people would obey lmao I hope they make your smokefree utopia a
smoking hell for all of you nazis
• I guess the signs just don't go far enough. Put picatures of handcuffs on them and tell [name
omitted] to make room at the jail. I mean after all people can't make the decsion for
themselves whether they want to be unhealthy or not. We need government intervention.
Seriously, government has gone too far. I don't blame the smokers.
Coloradoan - “Letter: Smoke-Free Zones Help Reduce Asthma Symptoms” (March 16, 2017)
• "Smoke-free zones help reduce asthma symptoms"--- As would banning those that splash on
stinking toilet water from public places
• Is there data on second hand marijuana smoke on asthmatics? Is it similar to tobacco
smoke?
o Funny you bring this up [name omitted].
I've been wondering now for months why most cigarettes have filters, yet Joints do
not?
o Most of the combustion products are similar, no nicotine. And most people don't somke as
many joints as cigarettes. Still not good. I think vaping isn't as bad since it's below
combustion temp.
Collegian – "New Ordinance Bans Smoking and E-Cig Use in Old Town” (Feb. 4, 2015)
• They do realize it's water vapor....right?
Collegian – "Voters Should Decide Downtown Smoking Ban” (Feb. 9, 2015)
Online Comments - Coloradoan and Collegian
Page 8
• Reject this smoking ban. There is no health risk from passive smoke outdoors (actually there
is none in well ventilated indoors spaces either). This is about social control not health.
Collegian – "Opinion: City Council Ignored Better Smoking Ban Options” (Feb. 16, 2015)
• Quote: [The council, apart from lone objector Mayor Karen Weitkunat, decided that roughly
one-fifth of the local population is unfit for public image.] This is part of the new campaign
against smokers (not Big Tobacco, but rather it's customers). I recently saw the new
television ad that showed a bunch of young people summarily dismissing anyone who
smokes as a person they want to date (the Left Swipe commercial). The message that this is
putting forth is that someone who smokes (a legal activity) is less of a person and not worth
your consideration. If this were any group of people other than smokers, the American public
would be outraged by the discrimination of a minority. This is government sponsored
discrimination, and it's mostly those who care about discrimination issues that are promoting
this social engineering campaign. When did consideration and tolerance stop being a liberal
ideal? My guess is it happened when the "health as a religion" crowd of the "me" generation
started writing the liberal agendas.
• The smoking ban should be repealed for all the reasons suggested in this article and more.
There is no evidence that second hand smoke outdoors poses a health risk. Beyond that
there is essentially no evidence, or weak evidence at best, that it does indoors either. This is
not about health; it's about social control. The ban should be repealed.
Collegian –“Phase 1 of Smoking, Vaping Ban Takes Effect Sept 1” (September 1, 2015)
• Repeal draconian smoking bans! Restricting smoking outdoors is extreme overreach.
Restricting smoking (cigarettes, hookah, and cigars) indoors is also unnecessary. The heath
effects from second hand smoke--indoors and out are near-zero. The antismoking hysteria is
manufactured by a small group of extremists that have stimulated a "bandwagon" mentality.
It's time to reassert freedom.
o Also, I wonder is this ban really aimed at smokers or is it a veiled attempt to
harass the homeless since the loitering efforts are clearly unconstitutional and
won't stand up to challenges in the courts.
Collegian –“Regulation Without Representation: Tobacco and E-Cigarette Stores Frustrated with
Smoking Ban” (Oct. 7, 2015)
• Banning the cure for smoking is retarded. Cigarettes were PROVEN killers before all the
restrictions came down. And cigarettes aren't flavored, still aren't child resistant, and are still
everywhere. Every smoker scared from switching due to this deliberate, financially motivated
misinformation campaign, should be suing these folks with a vengeance for ruining their
health by so limiting their adult choices.
Tobacco Control should be after tobacco, not nicotine. Thanks.
o It's about encouraging people to be sick and give money to the healthcare and drug
industry. You are to be sick and receiving treatment, that's why they make sure
cigarettes are still sold at eye level behind the register of EVERYWHERE YOU
SHOP on a daily basis, despite being lethal.
Online Comments - Coloradoan and Collegian
Page 9
Yup, and we are constantly bombarded by those Big Pusher commercials
telling us there MUST be something wrong with us, if not physically, mentally,
encouraging everyone to think there's something wrong with them that only
the Big Pusher Man can cure.
Government sanctioned drug dealers is what I consider them.
• And anything that cannot be patented, such as natural plants, will
never be 'officially' found to be effective in curing any disease, much
like vaporizers will never be 'officially' sanctioned as an effective
method of quitting.Any accounts of success or efficacy will remain
'anecdotal' and 'unproven' if drug companies do not stand to profit
from them. That's why industry made gums, patches, inhalers,
lozenges, and medications are the only 'recommended' methods of
quitting, and vaporizers are 'dangerous' or 'unproven', even though
Chantix has horrible side effects and has contributed to 600 plus
deaths, and vaporizers have essentially no side effects and have
killed no one. Also why chemo and radiation are still the only
'recommended' cancer treatments, despite being carcinogenic
themselves, and cancer treatments are the only technology that has
not advanced in the last 80 years. Cures already exist, but they're
nutritionally based, and everyone that has ever found one has been
demonized as a quack and exiled to Mexico, like Caisse, Hoxsey,
Edward Griffin, or Gerson, whos treatments (foods / diets) continue to
cure cancer but are unheard of, unresearched, and vilified, like
vaporizers, or anything else that effectively cures profitable illnesses.
They use fear and uncertainty to sell their poisons, and call anything
that threatens their bottom line into question. They control the
medical schools, the regulatory bodies, the studies, the data, and the
researchers. In fact, researchers don't even have access to their own
data. If the drug companies don't like the results, they don't release
them.They rationalize such atrocities not only by the profits they
make, but with the rationale that they create jobs, maintain the
economy, and keep the population from reaching unsustainable
levels, to justify their actions which lead to preventable deaths of
millions of men, women, and children.
• Yup, if they can't horn in, they don't want it existing
• Reject smoking bans and the "tyranny of the majority."
• Fortunately, the city will still be administering fluoridated water to its residents. You might get
cancer, but your teeth will be less likely to have cavities. Maybe. Actually if you don't brush
you will still get cavities. Really, you're just going to get cancer. But at least you won't have to
worry about unknown hypothetical toxins in vape emissions.
• I used to spend $3000 a year on cigarettes. Now I mix e liquid at home for $45 a year. That
is a 98.6% declne in cost, almost 2 orders of magnitude. This is why governments hate
vaping.
• E-cigarettes were originally sold almost exclusively online and were not covered by existing
tobacco regulations. At first, their popularity grew slowly, as small numbers of smokers
turned to them to replace or supplement their tobacco smoking habit.
Online Comments - Coloradoan and Collegian
Page 10
Collegian – "Opinion: Fort Collins Smoking Policy Too Broad, Needs to be Changed” (Oct. 13, 2015)
• Fairly reasonable, especially given cigarettes were PROVEN killers BEFORE all the bans
came down. No such thing is proven about vaping, but virtually every vaper, me included,
would absolutely otherwise be smoking.
ATTACHMENT 11
Reddit Comments on Downtown
Smoking Enforcement
https://www.reddit.com/r/FortCollins/comments/5xgxy4/psa_strict_code_enforcement_of_the_downto
wnarea/#bottom-comments
Original post (March 2017): “PSA: Strict Code Enforcement of the Downtown-area Smoking Ban Started
This Week.
“The no-smoking signs have been posted all over downtown for months, and police officers
have been taking an educational approach to the smoking ban (warnings only), up until this week. City
council has directed that police and code compliance officers are now to cite whenever appropriate.
Several employees of businesses downtown have been cited while on their smoke break. Regardless of
your personal feelings about the ban, just know that smoking anywhere downtown will likely get ou a
ticket if an officer spots you.”
Comments:
• “And a map: http://www.fcgov.com/smokefree/smoking-images/smoke-free-map.jpg”
• “FYI my co-worker just got a $100 ticket and has a mandatory court appearance for this. Be
careful!”
• “I work at coopersmith’s and on all of my breaks last night I saw at least one person getting
ticketed. They’re really not f***ing around with it.”
• “This law is a real kick in the teeth to conscientious smokers. Saw one warned by a cop last week
for smoking an empty parking lot, at 7am, against a wall with no windows. Not sure exactly who
he was hurting.”
• “Regardless of what I think of the smoking ban, I think this is a waste of police resources.
Couldn’t their time be better served elsewhere? And the court summons? Why not just write a
ticket with a fine on the spot?”
o “Cops in this town aren’t trained to do much more than this.”
o “Good. The signs are everywhere but people are ignorant and don’t even have a
modicum of decency or the common sense not to smoke when the sidewalks are
crowded.”
• “Compared to the handful of places you can’t smoke there are infinitely more places where you
can still smoke. I see this as a case of smokers being less accommodating.”
• “This s***’s gotta be overturned. Old town is mostly bars and restaurants, and I don’t know a
single bar tender, or cook that doesn’t smoke.
o “I’m a bartender and I don’t smoke. But I’m the only person at my bar that doesn’t.”
o “I get wanting to make it safe for kids with the second hand smoke and stuff, but I don’t
think any kids are in old tow at 2am”
Reddit Comments Continued
Page 2
• “So where are you allowed to smoke then? Can you smoke on a patio or whatever owned by a
bar?”
o “You can’t smoke downtown anywhere.”
“Well that’s stupid. I’m guessing you can’t use a vape either?”
• “Unfortunately yes, the uneducated people making the laws consider
vaping to be smoking. Awareness needs to be raised about this.”
• “You can always move to Wyoming”
o “And you can always move to Boulder.”
• “Non smoker here, but I find this law to go against everything the country was founder for.
Freedom shouldn’t be defined by what people think is gross. This law won’t last.”
o “I imagine it’s less that ‘people think it’s gross’ than it is that second hand smoke is a
carcinogen, and most people tend, as best they can, to try and avoid things that will give
them cancer. It’s that whole ‘your freedom ends where my freedom begins’ thing that
this country was founded on.”
“An interesting take but I sincerely doubt this is the reasoning behind the ban.
Its about the beautification of old town. We are becoming a destination and old
town needs to look like it does in Disneyland, clean, healthy and homeless free.
Its an advertisement for the new progressive front range. While I am for light
and reasonably restrictions on smoking, like away children, large groups or
people eating, the ban is just bulls***. If we want to actually curb smoking we
should have passed the new tax on cigs…”
• “What’s so wrong from banning people from smoking in a high
pedestrian area? It’s very easy to walk for 2 minutes and find a place to
smoke that isn’t banned. It’s your right to smoke; it is, however, not
your right to do it everywhere or anywhere. You can’t drive a car on the
sidewalk or drink downtown with an open container, what’s the
difference?”
o “Looks like most people who visit/ work in the downtown area
would have to walk more than 2 minutes to find a smoke free
zone.”
“If it’s that inconvenient then I’d quit or go to places
that have no smoking restriction, like downtown
Greeley.”
• “Ah yes. The old, “if you don’t like it, leave it”
response. I don’t even smoke and I think this is
an inconvenience to the thousands of Fort
Collins citizens who do. I really don’t get the
complaint for smoking outdoors and it seems
like this is just another BS effort to “beautify”
FOCO… Just like the sit-lie rule. I guess the
homeless should move to Greeley too, huh?”
Reddit Comments Continued
Page 3
“I agree with you to a degree, but this also includes
alleys and other low traffic areas. It’s not just the main
sidewalks and the like.”
“Because its actually just ticketing poor and homeless
people. But I guess they aren’t people so f**em.”
• “It’s definitely not just homeless or poor
people… walking by places like Tony’s or Hodi’s
and you’d have a bunch pf college kids blowing
smoke as you walk by. In fact, I can’t recall ever
having problems with the homeless people
causing problems with smoke… other things,
certainly, but not smoke. We stopped taking
our son to old town after about 6 because it
was becoming such a disgusting scene.”
o “I especially hate those kids who vape
and think they are so cook for blowing a
cloud of smoke.”
“I agree with you on both of those fronts also – the
appearance and the tax. The health issue will just be
what gets the ban to stick.”
o “So is car exhaust, people don’t make laws requiring cars to stay
15 feet from walkways”
o “It’s definitely not that. And I’ll take all the second hand smoke
in the world to mask the smell of Greeley.”
“Smoking is not a freedom. The ability to choose to smoke is. That is your
personal choice, but you don’t have the right to expose people to cigarette
smoke if they do not want to be exposed to it. Smoking is a privilege. Just like
alcohol and just like recreational marijuana. I’m not suggesting banning smoking
in public all together, but a balance needs to be in place.”
“This country was foundered on the freedom to smoke downtown and pee on
the sidewalk in the middle of everyone!”
“For me, it’s not just gross, it’s a health hazard. I can hardly go downtown
because cigarette smoke triggers my asthma, if I am downtown it’s only during
the day. I can’t be there at night. When I’m on campus I have to always be on
the look out to avoid smokers. It sucks. It really does.”
“I wish cancer was only “gross”. This is not just a nuisance it’s a potential health
issue.”
o “’City council has directed that police and code officers are now to cite whenever
appropriate” So police will be citing the following people: punk kids, poor service
industry workers, and last but always least: homeless people. Good job Fort Collins,
MFCGA! Right?”
Reddit Comments Continued
Page 4
I’ve seen all kinds of people smoking. Usually it’s older men and women and
tourists who are the biggest offenders.”
“There are signs stating that downtown Fort Collins is a smoke free zone.
Ultimately, it is the traveler’s duty to be aware of local ordinances, not the city’s
duty to inform all tourists.”
• “There’s at least one every block at eye level”
“I didn’t even think about that, how this could possibly affect tourism, summer
festivals, etc… Also, how many places around the country have bans like this? To
me it’s not very common (and I could be wrong), so it’s something people who
don’t live here would not be aware of by a few small signs posted around old
town.”
• “Boulder, I believe has a ban, at least on pearl st for sure.”
o “and you still see idiots lighting up.”
• “They’ve jumped the Shark. This is not cool. I hate smoking. But at the same time, people ought
to be able to do as they wish where they wish if they are not affecting anybody else. Liberty
doesn’t come in degrees.”
• “What I can’t stand about this incredible infringement of citizen’s rights to smoke is that it was
voted on by the council and not the community. I hope it gets overturned.”
o “I can’t go to old town at night because cigarette smoke triggers my asthma. What
about my right to health? I didn’t chose to be allergic to cigarette smoke.”
“So smoking in public should be banned across the board then?”
• “I never said smoking should be banned across the board. If someone
wants to smoke that is their personal choice. I would say smoking is
more of a privilege than a right though.”
o “I’m not even a smoker, but I rarely see people smoking in old
town as it is, and a lot of the people working in old town would
usually be off the main side walks/ trafficked areas. I’m sorry I
disagree, but I think the local government has really
overstepped with this, and at a minimum this should have been
voted on by the community and not the council. It’s a simple
revenue generator, and a way to criminalize the homeless,
which they’ve been trying to figure out how to do more and
more.”
o “You can enjoy Old Town without smoking but (name) can’t
enjoy Old Town with smoke. And to that it’s an irritant, smells
bad, it’s messy and a fire and public health hazard. There aren’t
many reasons to support smoking in this public area, were a
large and increasing number of people gather, except those
smokers who don’t seem to have control over their addiction.”
o “Community elected that council”
Reddit Comments Continued
Page 5
o “I’m asthmatic too. I vote with my pocketbook and patronize smoke free businesses. I
don’t need the government to protect me from every little thing.”
“If it’s illegal for me to punch someone in the face for blowing smoke in my face
then it should be illegal for that person to blow smoke in my face. Note: I am a
pretty big wimp and likely won’t punch anyone in the face.”
• “Bout time, I see all these tourists smoking and walking around the sidewalks like they own the
place.”
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Old Fort
Collins
Heritage Park
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Cherry St
Mathews St
W Oak St
Walnut St
Peterson St
Chestnut St
Linden St
W Olive St
Maple St
Willow St
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S Mason St
S College Ave
Remington St
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/
Date Created: Thursday, August 10, 2017
Path K:\ArcMapProjects\Neighborhood_Services\Downtown Smoke-Free Areas\SmokingRegulations\SmokingRegulations.aprx
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Old Fort
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E Oak St
Cherry St
Mathews St
W Oak St
Walnut St
Peterson St
Chestnut St
Linden St
W Olive St
Maple St
Willow St
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Old Town
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Library Park
Old Fort
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Heritage Park
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Heritage Park
E Oak St
Cherry St
Mathews St
W Oak St
Walnut St
Peterson St
Chestnut St
Linden St
W Olive St
Maple St
Willow St
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Building
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/ Smoking Regulation Update
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Date Created: Thursday, August 10, 2017
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August 22, 2017
Smoking Ordinance Update
Delynn Coldiron, Interim City Clerk and Jeremy Yonce, Police Lieutenant
ATTACHMENT 15
Questions for Council
• Does Council want to continue the smoking restriction for City-owned
or operated public property?
• Does Council want to see any changes to the Downtown Smoke-
Free Zone?
• Does Council desire to make any additional changes to the existing
smoking regulations?
2
Parks, Trails, and Natural Areas
82% 80%
80%
81%
75%
85%
74%
3
City Facilities and Grounds
62% - Employee Survey
61% - General Survey #2 4
Special Events and Downtown
5
Exception Granted
6
Pictures – from yelp.com
First Year
7
First Year
8
Enforcement
9
Concerns We Are Hearing
• Downtown Smoke-Free Zone is too big
• Designated smoking areas are needed
• No way to educate everyone – especially visitors
• Restrictions create a competitive disadvantage for Old Town compared to
other Fort Collins’ shopping areas
• Penalty should not be criminal
• Enforcement has damaged relationships with Police
10
Options to Consider
• No Changes
• Add designated smoking areas to current Downtown Smoke Free Zone
• Reduce area of Downtown Smoke Free Zone
• Repeal restrictions and move back to the 20’ rule
• Combination of items
11
12
Potential
Designated
Smoking Zones
13
Potential Reduced
Downtown
Smoke-Free Zone
14
No Downtown
Smoke-Free Zone
20’ Rule Only
Additional Items to Consider
• Lifting smoking restrictions in the Downtown Smoke-Free Zone
• 10:00 p.m. to 5:00 a.m.
• 20’ rule would apply
• Allows Police to focus on other policing issues
• Changing penalty to Lesser Offense
• Eliminating provisions for imprisonment
• Initial violations – reduced fine and possible deferred judgment
• Pursuing a petty offense category
15
Questions for Council
• Does Council want to continue the smoking restriction for City-owned or
operated public property?
• Yes
• Does Council want to see any changes to the Downtown Smoke-Free Zone?
• Keep existing boundaries as they currently exist
• Add Designated Smoking areas to Downtown
• Lift smoking ban in the Downtown Smoke-Free Zone from 10 p.m. to 5:00 a.m.
• Does Council desire to make any additional changes to the existing smoking
regulations?
• Eliminate provisions for imprisonment
• Pursue a petty offense category
Staff Recommendations 16
ban. We have a number of chain smoking teenagers that stand on the
sidewalk and lay in the grass smoking. If it is prohibited how do I
address the situation?
09/08/2015
With the recent implementation of a smoking ban in City parks and
natural areas, I still observe numerous individuals smoking in Jefferson
Park and do not see the new no smoking signage posted. Does this
park fall under the same regulations as others in the City?
02/22/2016
On the evening of February 20th my wife and I were walking around
Old Town and I noticed many violations of the non-smoking bylaw.
Since it is a new law I took it upon myself to mention this to 4 separate
smokers in just a few blocks around Old Town Square as I feel
educating people is important, two of whom seemed to know the rule
I was VERY pleased to read, BEFORE I came to town that the
downtown area was smoke free. I also checked that animals other
than service animals were not allowed on the buses. I have
respiratory issues and these are major issues to me.
these groups of people are ALL smoking. It is quite dismaying and
does alter our experience downtown. How are they allowed to
blatantly get away with breaking this law? It is becoming more and
more of a problem and I realize there is no easy answer, but I feel like
if I were caught smoking downtown, I would probably receive a
summons. Thanks for listening!
34763
07/13/2016
Smoking at Edora Park playground.
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