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HomeMy WebLinkAbout015 - 02/17/2015 - AMENDING ARTICLE III OF CHAPTER 12 OF CITY CODE PERTAINING TO SMOKING IN PUBLIC AREAS J ORDINANCE NO. 015, 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, Chapter 12, Article III of the City Code currently prohibits smoking in enclosed public places and certain outdoor public places; 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, there is a need in the City to create more smoke-free zones to reduce public exposure to secondhand smoke and its related impacts; 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 creation of smoke-free areas (1) in Downtown Fort Collins, (2) in all City-owned facilities, including open spaces and parks, and (3) at all special events. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City hereby finds that: A. Secondhand smoke exposure is harmful at any level, and is especially problematic in areas next to buildings or areas in which the density of people is high. B. Creating smoke-free areas generally results in a reduction of tobacco use and improved community health. C. Fort Collins is known as, and has received many honors and awards for being, a healthy community. Tobacco rates are considered when overall health ratings of a community are determined, and healthy community designations provide economic appeal and community attractiveness. D. Tobacco butts are toxic and can be poisonous to small children or animals if consumed. Smoke-free areas reduce the amount of litter, improve the appearance of the Community, and reduce clean up time and costs. E. Smoking in natural areas can present a public safety hazard because of increased risk of wildfires resulting from the use.of lighted smoking paraphernalia and can seriously impact non-irrigated, minimally landscaped areas sensitive to habitat- changing fires. - 1 - F. Breathing tobacco smoke is generally an undesirable nuisance in areas where people gather for recreation or healthy activities. G. The physical constrains in the Downtown area combined with smoke-free perimeters and smoking on sidewalks causes congestion that interferes with pedestrian traffic and enjoyment of the Downtown area by the general public. H. Providing smoke-free areas for citizens and visitors promotes health and wellness within the Community and enhances quality of life. Section 2. That Section 12-56 of the Code of the City of Fort Collins is hereby amended to add new definitions 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. Downtown Smoke-Free Zone shall mean within the area bounded by center of Mason Street from the center of Maple Street to the center of Olive Street; the center of Olive Street from the center 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 Remington 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. Special event shall mean a parade, athletic contest, street fair, art and craft show, carnival, block party, soap box derby, or other outdoor event which is not a demonstration as defined in Sec. 23.5-2, that occurs on a street or highway, including.sidewalks, or on a publicly owned outdoor mall or plaza, or on other property owned or leased by the City, which event does not comply with traffic laws and controls or which may, in the judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the property, obstruct, delay or interfere with the - 2 - normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the public or participants in the event or other persons, to which a special events permit has been issued pursuant to Chapter 23.5. Section 3. That a new Section 12-58.5 of the Code of the City of Fort Collins is hereby added to read as follows: See. 12-58.5 Smoking prohibited on City-owned property Smoking shall be prohibited on all City-owned property. Section 4. That a new Section 12-59.5 of the Code of the City of Fort Collins is hereby added to read as follows: See. 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 or entirely within an enclosed privately owned motor vehicle. Section 5. That a new Section 12-60.5 of the Code of the City of Fort Collins is hereby added to read as follows: See. 12-60.5 Smoking prohibited at special events. Smoking shall be prohibited at all special events. Section 6. That the amendments made by Section 3 of this Ordinance shall not take effect until 12:01 am, September 1, 2015. SectionT That the amendments made by Sections 4 and 5 of this Ordinance shall not take effect until 12:01 am, January 1, 2016. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2015, and to be presented for final passage on the 17th day,of February, A.D. 2015. y pF FORT Nf or ATTEST: ���; :0. tot ••y (NG c City Clerk �'rORADO - 3 - Passed and adopted on final reading on the 17th day of February, A.D. 2015. May ATTEST: City Clerk �l;• C� 4