HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/19/2017 - SECOND READING OF ORDINANCE NO. 172, 2017, AMENDINAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Tyler Marr, Policy and Project Analyst
Jody Hurst, Legal
SUBJECT
Second Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the City of Fort
Collins Regarding Smoking in Public Areas.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 5, 2017, amends the downtown smoking
ordinance to designate a violation of the ordinance as a petty offense and to clarify that the Downtown Smoke-
Free Zone does not apply to any person smoking in a privately-owned residence; entirely within an enclosed
privately-owned motor vehicle, or in a retail tobacco business.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 5, 2017 (w/o attachments) (PDF)
2. Ordinance No. 172, 2017 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY December 5, 2017
City Council
STAFF
Tyler Marr, Policy and Project Analyst
Jody Hurst, Legal
SUBJECT
First Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the City of Fort
Collins Regarding Smoking in Public Areas.
EXECUTIVE SUMMARY
The purpose of this item is to consider changes to the downtown smoking ordinance as consistent with the
direction given by Council at the August 22 Work Session. The changes include placing a 10 p.m. to 5a.m.
window in which the ordinance would not be in effect, and two options related to having designated smoking
areas within the downtown zone, one of which creates up to eight areas and one which would allow smoking in
all alleys within the zone.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. Staff recommends adopting provisions that lift
smoking restrictions from 10 p.m. to 5 a.m. If Council wishes to proceed with designated areas, the option of a
limited number of designated areas is preferable.
BACKGROUND / DISCUSSION
In 2016, changes to the City’s smoking ordinance that were adopted by City Council in 2015 went into effect in
the downtown area, prohibiting smoking within the downtown boundaries as set by the ordinance. These
restrictions were in addition to smoking prohibitions on City property and at City-approved special events.
Enforcement has varied since the time of implementation, with initial efforts focused primarily on 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 its properties, and
personal contacts by Code Compliance, Police, and Park staff with smokers within restricted areas to
inform them of the smoke-free regulations
Very limited enforcement through writing tickets was done during the first year. However, enforcement efforts
were increased based on direction from City leaders. The efforts in this regard have been two-fold. First,
additional signage was created and installed 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 still
relayed the message. Second, staff from Code Compliance and Police Services teamed up to increase
enforcement in the Downtown Smoke-Free Zone, including issuing tickets.
ATTACHMENT 1
Agenda Item 13
Item # 13 Page 2
Increased outreach resulted in many concerns from downtown business owners, which were subsequently
presented to Council at its August 22 work session. Staff has continued to hear many of the same concerns in
the interim-period, including:
The Downtown Smoke-Free Zone is too big
Designated smoking areas for residents, customers, or employees are needed
There is no way to educate everyone; over 1,000,000 visitors come to downtown
Smoking is acceptable and a large part of other cultures; Fort Collins gets a lot of international visitors
The restrictions create a competitive disadvantage for Old Town compared to other Fort Collins’
shopping areas
The penalty should not be criminal and require a court appearance; and
Enforcement has damaged relationships with Police
Staff has also heard from residents, customers, and government partners that the restrictions are a positive
thing, particularly helping those who have health conditions that make them susceptible to smoke. Additionally,
staff has heard that these restrictions advance an important goal of reducing smoking among younger age
groups in the service industry, who have some of the highest incidence of smoking rates in the country.
Based on this information, Councilmembers gave input at the August 22 work session and indicated a desire to
proceed with options for three changes to the ordinance:
1. Creation of a petty offense category
2. Remove restrictions from 10 p.m. to 5 a.m, as Police Services has concerns about volume and priority
of calls between those hours
3. Explore options for implementing designated areas within the no-smoking zone.
Staff has since worked with relevant departments to explore feasibility and operational consideration of various
options, and has performed citizen outreach on the following options. The introduction of a petty offense category
is being addressed separately in Ordinance No. 171, 2017.
Options for Consideration
1. Creation of a 10 p.m. to 5 a.m. window where the ordinance would not be in effect
Based on information provided by Police Services highlighting a significantly higher number of calls for service
after 10 p.m., staff is recommending that the ordinance be lifted from 10 p.m. to 5a.m. Staff has attached call
data from District 1 showing call data over a recent three month stretch 7 days of the week (Attachment 1) and
a second sheet showing call data including only Thursday through Sunday. (Attachment 2)
Other jurisdictions around Colorado generally do not have this provision as a part of their smoking ordinance.
Glenwood Springs recently implemented a window where its ordinance is not in effect, but that change has not
been in effect long enough to monitor effectiveness or behavior changes.
2. Consideration of designated smoking zones
Staff initially began outreach with a similar option to what was presented to Council at the August 22 work
session, which was a handful of small designated zones scattered throughout the downtown area. Initial outreach
yielded feedback that this option would require complex signage, education, and enforcement, and that a simpler
option should be considered in addition. Therefore, staff expects to establish one of three designated area
options, which are presented for Council input. The Ordinance provides for management staff to establish
designated smoking areas through posting of signs.
Agenda Item 13
Item # 13 Page 3
A. No Changes
This option would leave the current boundary and status quo intact, adding no designated smoking areas.
Pros:
Fully preserves the intent of original version of the ordinance, making downtown a smoke free area
Limits secondhand smoke to all people in the downtown area, not just those in particular areas.
Education and outreach has been focused on this option for nearly two years now.
No other smoking restricted zone in the state that staff is aware of has designated areas as part of its
design.
Cons:
Does not address many of the downtown business owners’ concerns
Can require individuals to walk a considerable distance if they do want to smoke
B. Several, 10-20 feet in diameter, designated areas
With this option, staff would implement up to eight (8) designated areas within the downtown smoking zone as
identified on the attached map. (Attachment 3) Most of these zones would form a ten-foot radius from a clearly
marked, pre-identified location. Where a ten-foot radius would put the designated zone within twenty (20) feet of
an operable door, window, or ventilation system, staff will utilize a five-foot radius.
The Parks Department has been informed of these potential changes and is able to resource the emptying of
urns and at minimum the occasional cleaning of areas around a designated zone. Zones that are in improved
alleys are would be cleaned more frequently, as they are a part of the current routes services by the Parks crews.
Pros:
Provides some outlets for smokers and attempts to keep activity localized to specific areas that non-
smokers can choose to avoid.
Helps address business owner concerns who support providing smoking options for patrons and
employees.
Potentially helps reduce violations and related enforcement.
Helps reduce pressures on properties just outside of the Smoke-Free-Zone.
Cons:
Reduces health benefits of having a smoke-free zone for those who frequent Downtown and end up
impacted by those who are smoking
Increases health risks for people with chronic health conditions, young children, and pregnant women
Complicates enforcement and education efforts
o Important to clearly identify areas where smoking would be allowed
o Important to find areas that are not within twenty feet (20’) of operable doors, windows, air vents and
patios
o Could result in “hang out” areas with potential increase in mischief or other negative behaviors
o Sends conflicting messages about smoking Downtown since it would be allowed in some areas
C. Allow smoking in alleys within the Smoke-Free-Zone
This option would allow for smoking in all alleys within the Smoke-Free-Zone, including improved alleyways.
Smoking would still be restricted within 20 feet of an operable door, window, or ventilation system as defined
under the code. In essence, the restricted areas would become street frontages and plazas (Old Town Square
and Oak Street) within the Smoke-Free-Zone.
Agenda Item 13
Item # 13 Page 4
Similar considerations related to maintenance of alleys would apply to this option. The DDA staff has indicated
that they do not have concerns about treating improved and unimproved alleys the same in terms of allowing
smoking under this option.
Pros:
Same as option b, though it is harder to avoid smoking areas if walking through alleys.
Easier to educate visitors and residents about where it is acceptable to smoke (e.g., “smoking is allowed
out back”)
Does not concentrate multiple smokers in one area, as designated areas may do.
Cons:
Same as option b, possible amplified in some instances.
May tarnish reputation or welcoming nature of improved alleys, of which the City and partners have
spent millions of dollars improving
20-foot rule limits practicality of where you can smoke within alleys, and enforcement would be
challenging within the alleys.
CITY FINANCIAL IMPACTS
The options involving designated zones will put additional work load on City Parks crews, who believe they are
at capacity in the summer months. New urns for designated areas and new signage reflecting changes in the
ordinance would result in relatively minor one-time expenses.
PUBLIC OUTREACH
Staff has reached out to various stakeholders, including the Downtown Development Authority (DDA), Downtown
Business Association (DBA), the Larimer County Health Department, and residents.
Staff presented to the DBA at a membership meeting on November 16 and members were generally receptive
to the proposed changes, including the creation of designated zones. Within the designated zones, most
comments pointed to the association being supportive of option c, smoking allowed within alleys. They continued
to express concerns about competitiveness of attracting customers and employees from areas such as Foothills,
Harmony, and Centerra; all of which do not have similar restrictions.
Larimer County Department of Health and Environment provided an inforgraphic (Attachment 4) detailing public
health best practices related to smoke-free areas. The following statements are taken from that document:
"Lifting smoking restrictions at night is not a public health best practice. Time limitations are generally
not included in tobacco policies because they do not protect health, they are difficult to enforce and
to explain to the public. Designated areas still pose risk for secondhand smoke exposure, congregation
of litter, and may influence social norms for youth. Over time smoke-free-zones can influence smoking
rates, particularly in reducing smoking among groups like young service industry workers, who smoke
at higher rates than other portions of society".
The Downtown Development Authority staff indicated that they would support designated areas, and that in
terms of education and outreach, option c is the easiest. They expressed frustration that the original boundaries
were set larger than initially proposed back in 2015, and that adding designated zones, in essence, reverts the
zone to a workable size as initially proposed.
Staff is planning to hold a public meeting on November 30 to receive clicker feedback on the various options and
answer clarifying questions. Staff will provide Council with the information from this meeting in the staff
presentation at First Reading or in a read before memo on December 5.
Agenda Item 13
Item # 13 Page 5
ATTACHMENTS
1. District 1 Average Event Count by Hour, August 2016-July 2017 (PDF)
2. District 1 Average Event Count by Hour (Thursday-Saturday), August 2016-July 2017 (PDF)
3. Potential Designated Smoking Areas Map (PDF)
4. Larimer County Health and Envrionement - FCSmokeFree - Nov 2017 (PDF)
5. August 22 Work Session Summary (PDF)
6. Powerpoint presentation (PDF)
-1-
ORDINANCE NO. 172, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE
CITY OF FORT COLLINS REGARDING SMOKING IN PUBLIC AREAS
WHEREAS, on February 17, 2015, the City Council adopted Ordinance No. 015, 2015,
establishing a Downtown Smoke-free Zone (the “Zone”); and
WHEREAS, the Zone was created to prohibit smoking in outdoor areas in the downtown
area; and
WHEREAS, in March of this year, enforcement of the Zone began in full force; and
WHEREAS, since enforcement began, many visitors and employees in the downtown area
have complained that a misdemeanor offense results in a penalty that is too severe for smoking
violations; and
WHEREAS, City staff does not recommend reclassifying smoking violations as civil
infractions, as the Municipal Court cannot issue a warrant for failure to appear in court on a civil
infraction, making such offenses harder to enforce; and
WHEREAS, City staff believes a petty offense, which carriers a lower fine than a
misdemeanor and no possibility of jail time, is an appropriate classification for a smoking offense;
and
WHEREAS, the City Council is also considering on first reading Ordinance No. 171, 2017
which, if approved, would create a petty offense category of violations within the City Code; and
WHEREAS, the City Council has determined that the proposed amendments are in the best
interests of the City and are necessary for the health, safety, and welfare of the City’s citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 12-59.5 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-59.5. Smoking prohibited in the Downtown Smoke-Free Zone.
Smoking shall be prohibited in the Downtown Smoke-Free Zone. Unless otherwise
prohibited by City Code, this Section shall not apply to any person smoking:
(a) in a privately-owned residence;
-2-
(b) entirely within an enclosed privately-owned motor vehicle; or
(c) in a retail tobacco business.
Section 3. That Section 12-67 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-67. Violations and penalties.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls
the use of any premises subject to regulation under this Article to fail to comply with any of its
provisions.
(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by
the provisions of this Article.
(c) Any person who violates any provision of this Article shall be guilty of a petty offense,
punishable by a fine in accordance with § 1-15(h).
(d) Each day of continuing violation shall be deemed to be a separate violation.
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D.
2017.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of December, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk