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HomeMy WebLinkAbout116 - 12/19/1978 - PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES ORDINANCE NO 116, 1978 BEING AN ORDINANCE PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES WHEREAS, substantial evidence exists to suggest that smoking is hazardous to an individual 's health, and WHEREAS, it is the considered opinion of the Council of the City of Fort Collins that the prohibition of smoking in public places and at public meetings, except in specifically designated smoking areas, protects the public health, comfort, and environment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT y COLLINS Section 1 Declaration of Policy In order to serve public health, safety, and the general welfare, it is the declared purpose of this article to prohibit the smoking of tobacco in certain areas which are used by or open to the public At the same time, the Council of the City of Fort Collins recognizes that in certain situations it may be impractical or impossible for a given busi- ness or enterprise to comply with the spirit of this article Section 2 Definitions A "Smoke" or "smoking" shall mean and include the carrying of a lighted pipe or lighted cigar or lighted cigarette B "Public place" means any enclosed, indoor area, used by the general public, including, but not limited to, restaurants, retail stores, offices, and other commercial establishments, public conveyances, educational facilities, hospitals, nursing homes, auditoriums, arenas, and meeting rooms, but excluding private, enclosed offices even though such offices may be visited by non-smokers C "Public meeting" includes all meetings open to the public Section 3 Prohibitive Acts No person shall smoke in a public place or at a public meeting except in designated smoking areas Section 4 Exceptions The foregoing prohibition does not apply in cases where an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place Furthermore, this prohibition shall not apply to factories, warehouses, and similar places of work not usually frequented by the general public Section 5 Excluded Facilities The owners of any facility falling within the designation of a public place may elect not to provide non-smoking areas within their facilities upon the condition that such facility or establishment shall prominently display at each and every point of entrance into said facility a sign substantially in the following form- °THIS ESTABLISHMENT DOES NOT PROVIDE NON-SMOKING AREAS" Section 6 Designationiof Smoking Areas Smoking areas may be designated by proprietors or other persons in charge of public places, except in places where smoking is prohibited by the Fire Marshal or other law, ordinance, or regulation Where smoking areas are designated, existing physical barriers and venti- lation systems shall be used to minimize the toxic effect of smoke in adjacent non-smoking areas In the case of public places consisting of a single room, the provisions of this law shall be considered met if one (1) side of the room is reserved and posted as a "no-smoking" area Subject to the provision above mentioned for excluded facilities, no public place other than a bar shall be designated as a smoking area in its entirety If a bar is designated as a smoking area in its entirety, the designation shall be posted conspicuously on all entrances normally used by the public Section 7 Responsibility of Proprietors The proprietor or other person in charge of a public place shall make reasonable efforts to prevent smoking in the public place by a Posting appropriate signs, b Arranging seating 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, or e Any other means which may be appropriate Introduced, considered favorably on first reading, and ordered pub- lished this 5th day of December, A D 1978, and to be presented for final passage on the 19th day of December, A D 1978 ayor > ASS ANT ATTEST %)Q�LAk� City Clerk -2- r Passed and adopted on final reading this 19th day of December, A D 1978 / Mayor✓ ATTEST r -3-