HomeMy WebLinkAbout172 - - AMENDING ARTICLE III OF CHAPTER 12 OF CITY CODE REGARDING SMOKING IN PUBLIC AREASORDINANCE 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;
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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 Vo Tern
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Passed and adopted on final reading on the 19th day of December, A.D. 2017.
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