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Home My WebLink About118 - 09/04/1984 - SUBMISSION OF A REFERRED MEASURE TO A VOTE OF THE QUALIFIED ELECTORS RELATING TO SMOKING a ORDINANCE NO. 118 , 1984 OF THE COUNCIL OF THE CITY TF FORT COLLINS FOR THE SUBMISSION OF A REFERRED MEASURE TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY WHEREAS, on April 3, 1984, the Council of the City of Fort Collins passed, on second reading, Ordinance 23, 1984, which Ordinance amends Chapter 91 of the Code of the City of Fort Collins regarding smoking in public places; and WHEREAS, on April 30, 1984, petitions were submitted to the City Clerk, said petitions asking that City Council repeal said Ordinance 23, 1984, or, submit the same to a vote of the qualified electors of the City at the next general City election or at a special election called there- for; and WHEREAS, said petition has been verified and certified, meeting all requirements as set forth in Article XVII of the City Charter; and WHEREAS, pursuant to Article XVII, Section 3 of the City Charter, the City Council reconsidered said Ordinance on May 15, 1984 and voted by a majority not to repeal said Ordinance, and to refer the same to the voters of the City of Fort Collins at a special election to be held on November 6, 1984 in conjunction with the General Election. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called for Tuesday, November 6, 1984, which shall be held in conjunction with the Larimer County, State of Colorado, General Elec- tion, at such polls as are regularly established and announced for such elections. Section 2. The polls shall be open at the hour of 7:00 AM and shall remain open continuously until and shall be closed at 7:00 PM on said date. Section 3. That said Special Election shall be held and conducted, as nearly as may be in the manner prescribed by law, as in the case of regular city elections conducted pursuant to the Charter of the City of Fort Collins and the Statutes of the State of Colorado. Section 4. The use of voting machines to record the votes at said election is hereby authorized. t Section 5. No vote, either for or against the question so submitted, shall be received by the election judges unless the person offering the same shall be a duly qualified voter in the precinct in which he offers to vote and, in addition thereto, said person is an elector of the City of Fort Collins as defined in the applicable election laws. The last day for a City resident to register to vote for this Special Election shall be October 5, 1984. Section 6. That there is hereby submitted to the qualifying voters of the City of Fort Collins at said special election the question of whether or not the following proposed Ordinance should be adopted: ORDINANCE NO. 23, 1984 OF THE COLINCIL OF THE CITY OF FORT COLLINS, AMENDING CHAPTER 91 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING SMOKING IN PUBLIC PLACES WHEREAS, it is in the interest of the citizens of Fort Collins to strengthen and clarify the Code provision relating to smoking in public places. NOW, THEREFORE, BE rP ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 91 of the Code of the City of Fort Collins be, and the same hereby is, repealed and readopted as follows: ARTICLE I Designation of Smoking Areas Section 91-1. Legislative intent. In order to serve the public health, safety and general welfare, it is the declared purpose of this Article to prohibit smoking in areas which are used by or open to the public unless such areas are designated as smoking areas pursuant to this Article. Section 91-2. Definitions. As used in this Article, the following terms shall have the meanings indicated: "Public Meeting" - Includes all meetings open to the public. -2- "Public Place" - Means any enclosed, indoor area open to and frequented by the public or serving as a place of work, in- cluding but not limited to restaurants, retail stores, the- aters, banks, cam ercial establishments, public conveyances, educational facilities, recreational facilities, hospitals, nursing homes, auditoriums, arenas, meeting roans and grocery stores. "Smoking Instrument" - Means any cigar, cigarette, pipe or other smoking equipment. Section 91-3. Smoking prohibited except in permitted areas. No person shall smoke or carry any lighted smoking instrument in a public place or at a public meeting except in permitted smoking areas. Section 91-4. Permitted smoking areas. Smoking may be permitted in the following public places: A. Establishments in which malt, vinous and/or spirituous liquors are sold for consumption on the premises pursuant to a license other than an arts license except for those areas within such establishments which are utilized primarily for restaurant purposes. B. Fully enclosed offices or rooms occupied exclusively by smokers, even though the offices or roans may be visited by non-smokers. C. Roans or halls being used by a person or group for a social or business function where the seating arrangements are under the control of the sponsor of the function. D. Retail businesses primarily engaged in the sale of tobacco or tobacco products. E. Restaurants with a seating capacity of thirty (30) or fewer persons. F. Smoking areas designated by the proprietor or person in charge of a public place or public meeting pursuant to Section 91-5. Section 91-5. Designation of smoking areas. The proprietor or person in charge may designate no more than fifty percent (50%) of a public place or public meeting as a smoking area except as follows: -3- y y, • • A. In places of work in which smokers and non-smokers work in the same office or roan, it shall be the responsibility of employers to provide smoke-free work areas to accommodate employees who request the same. B. In no event shall lobbies, hallways or other common areas typically shared by smokers and non-smokers be designated as smoking areas, except that lobbies, hallways or other common areas which exceed five thousand square feet (5,000 s.f.) in area may have within than designated snaking areas provided that no more than twenty-five percent (25%) of the total area of such lobby, hallway, or common area is so designated and further providing that such designated smoking areas are located such that it is not necessary for non-smokers to pass through such areas to reach other no-smoking areas. C. In restaurants with a seating capacity of over thirty (30) persons, the proprietor or person in charge shall provide a no-smdking area of sufficient size to accommodate patrons who request to be seated in such an area. Patrons must be advised orally and through signs that no-smoking areas are available. D. In no event shall public restroomms be designated as snaking areas. Section 91-6. Signs. To advise persons of the existence of "No Smoking" or "Smnoking Permitted" areas, signs shall be posted as follows: A. In public places where the proprietor or person in charge prohibits sinking in the entire establishment, a sign using the words "No Smoking" and/or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment. B. In public places where certain areas are designated as smoking areas pursuant to this chapter, the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment. C. In public places where smoking is permitted in the entire establishment, a sign using the words "Smoking Permitted" and/or the international smoking symbol shall be conspicu- ously posted either on all public entrances or in a position clearly visible on entry into the establishment. -4- Section 91-7. Areas where smoking is prohibited. Smoking shall not be permitted and smoking areas shall not be designated in those areas where smoking is prohibited by the Fire Chief, state statute, ordinances or regulations of the City of Fort Collins or other applicable laws. Section 91-8. Responsibilities of proprietors. The proprietor or person in charge of a public place or public meeting shall make reasonable efforts to obtain compliance with this chapter in such places by: A. Posting appropriate signs. B. Arranging seating and work areas to provide a smoke-free area. C. Asking smokers to refrain from smoking upon request of a client or an employee suffering discomfort from the smoke. D. Affirmatively directing smokers to designated smoking areas. E. Using existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent no-smoking areas. F. Any other means which may be appropriate. Section 2. That the effective date of this ordinance shall be May 3, 1984. Section 7. That Ordinance No. 23, 1984 of the Council of the City of Fort Collins shall be submitted to the qualified electors in substantially the following form: REFERRED ORDINANCE ORDINANCE 23, 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS, ADOPTED APRIL 3, 1984, AMENDING CHAPTER 91 OF THE CODE OF THE CITY OF FORT COLLINS, TO REQUIRE THE ESTABLISHMENT AND DESIGNATION OF NON-SMOKING AREAS IN MOST ENCLOSED, INDOOR PLACES OPEN TO AND FREQUENTED BY THE PUBLIC OR SERVING AS A PLACE OF WORK For the Ordinance Against the Ordinance -5- Introduced, considered favorably on first reading, and ordered pub- lished this 21st day of August, A.D. 1984, and to be presented for final passage on the 4th day of September, A.D. 1984. /e[.c � 40 10k Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of September, A.D. 1984. Mayor ATTEST: r i�y e -6-