HomeMy WebLinkAbout186 - 01/07/2014 - AMENDING ORDINANCE NO. 158, 2013, TO PHASE IN THE EFFECTIVE DATE OF THE REGULATIONS ADOPTED BY ORDIN ORDINANCE NO. 186, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO. 158, 2013, 1-0 PHASE IN THE
EFFECTIVE DATE OF THE REGULATIONS ADOPTED BY
ORDINANCE NO. 158, 2013, FOR OUTDOOR SERVICE AREAS THAT
ARE NOT LOCATED WITHIN OR ADJACENT TO PUBLIC SIDEWALKS
OR OTHER PUBLIC RIGHTS-OF-WAY
WHEREAS, over the past few years, City staff has received increasing complaints and
concerns regarding exposures to secondhand smoke; and
WHEREAS, the City Council has previously found and determined that there is no safe
level of exposure to secondhand smoke; and
WHEREAS, the concern over the health impacts of secondhand smoke continues to rise
among the citizens of Fort Collins; and
WHEREAS, on November 19, 2013, the City Council adopted Ordinance No. 158, 2013,
(`the Ordinance") which included smoking bans in outdoor serving areas of bars and restaurants;
and
WHEREAS, the intent of the Ordinance is to create more smoke-free zones to reduce
public exposure to secondhand smoke; and
WHEREAS, certain business owners have expressed concerns about the potentially
negative impact the Ordinance might have on their establishments and have indicated that a
phase-in of implementation would help to mitigate such impact; and
WHEREAS, the Ordinance already includes a provision that delays implementation of
the Ordinance to January 17, 2014; and
WHEREAS, the purpose of that delay was to allow staff time to develop a recommended
phase-in date and criteria as to which establishments should be phased in; and
WHEREAS, although the intent of the Ordinance is to protect all members of the general
public from secondhand smoke emanating from all outdoor serving areas, the most immediate
concern is for passersby who have not chosen to enter patios that allow smoking; and
WHEREAS, smokers who congregate in outdoor service areas within or adjacent to
sidewalks and other public rights-of-way present a greater risk to the general public than do the
persons smoking in those outdoor areas that are removed from the sidewalks and rights-of-way;
and
WHEREAS, the City Council has determined that in order to balance the health and
safety interests of the general public with the business interests of the affected business owners,
it is in the best interests of the residents of the City that the Ordinance be amended to allow for a
phase-in of the Ordinance for certain establishments as described above.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 3 of Ordinance No. 158, 2013, is hereby amended to read as
follows:
Section 3. For businesses with outdoor serving areas within or adjacent to sidewalks
or other public rights-of-way, the amendments made by this Ordinance shall take effect as of
midnight, January 17, 2014. For businesses with outdoor serving areas not within or adjacent to
sidewalks or other public rights-of-way, the amendments made by this Ordinance shall take
effect as of midnight, June 17, 2014.
Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D.
2014. t
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Passed and adopted on final reading on the 7th day of January, A.D. 2014.
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