HomeMy WebLinkAbout098 - 09/01/2015 - AMENDING ARTICLE III OF CHAPTER 12 OF CITY CODE PERTAINING TO SMOKING IN PUBLIC AREAS ORDINANCE NO. 098, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO SMOKING IN PUBLIC AREAS
WHEREAS, Ordinance No. 015, 2015, amended Chapter 12 of the Code of the City of
Fort Collins (the "Code") to prohibit smoking on City-owned property and in the downtown
area; and
WHEREAS, the Code provides strict regulations for retail tobacco establishments, which
allow the sampling of tobacco products in such establishments; and
WHEREAS, the general purpose of Ordinance No. 015, 2015, was to prohibit smoking
outdoors in the downtown area; and
WHEREAS, Ordinance No. 015, 2015, prohibited smoking in all establishments within
the downtown area; and
WHEREAS, City employees have expressed concern about time and safety concerns that
may result from smoking off-site during the work day; and
WHEREAS, an exception exists in the downtown area that allows people to smoke in an
enclosed vehicle; and
WHEREAS, City employees have requested that Council adopt a similar provision that
will allow people to smoke in an enclosed vehicle on City-owned property; and
WHEREAS, staff has also recommended other minor edits to improve certain language
in the Code as adopted; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety, and welfare of the residents of the City that Article III of Chapter 12 of the Code of the
City of Fort Collins be amended to include the modifications of the smoking Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 12-56 of the Code of the City of Fort Collins is hereby
amended to read as follows:
City-owned property shall mean any real property open to the public that is City owned
and City maintained or leased from another and maintained by the City, including
properties designated by the City as a park, trail, open space, or natural area, and all
sidewalks abutting, or separated only by a parkway from, any of the foregoing. For
purposes of this definition, City-owned property shall not include public streets or
sidewalks abutting or separated only by a parkway from property not owned and
maintained by the City.
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Downtown Smoke-Free Zone shall mean within the area bounded by: the center of Mason
Street from the center of Maple Street to the center of Olive Street; the center of Olive
Street from the center of Mason Street to the center of Remington Street; the center of
Remington Street from the center of Olive Street to the center of Oak Street; the center of
Oak Street from the center of Remington Street to the center of Mathews Street; the
center of Mathews Street from the center of Oak Street to the center of Mountain
Avenue; the center of Mountain Avenue from the center of Mathews Street to the center
of Jefferson Street; the center of Jefferson Street from the center of Mountain Avenue to
the center of Maple Street; the center of Maple Street from the center of Jefferson Street
to the center of Mason Street. For purposes of this definition, the center of any given
street shall be deemed to be the midpoint between the outer boundaries of such street. For
streets running north to south or approximately north to south, the center runs north to
south or approximately north to south, respectively; for streets running east to west, the
center runs east to west or approximately east to west, respectively; the center of
Jefferson Street runs approximately southeast to northwest. A map showing the
approximate area of the Downtown Smoke-Free Zone dated February 27, 2015, is on file
in the office of the City Clerk.
Section 2. That Section 12-58.5 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-58.5 Smoking prohibited on City-owned property
Smoking shall be prohibited on all City-owned property. Unless otherwise prohibited by
City Code, this section shall not apply to persons lawfully smoking entirely within an
enclosed privately owned motor vehicle.
Section 3. 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 persons lawfully smoking in a
privately owned residence, of entirely within an enclosed privately owned motor vehicle,
or in a retail tobacco business.
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Introduced, considered favorably on first reading, and ordered published this 18th day of
August, A.D. 2015, and to be presented for final passage on the 1st day of September, A.D.
2015.
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City Clerk
Passed and adopted on final reading on the 1st day of September, A.D. 2015.
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