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HomeMy WebLinkAbout118 - 09/02/2003 - AMENDING THE CITY CODE REGARDING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT, TO AUTHORIZE ADM ORDINANCE NO. 118, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT, TO AUTHORIZE ADMINISTRATIVE REGULATIONS WHEREAS,on December 17,2002,the City Council adopted on second reading Ordinance No. 181, 2002, which repealed and reenacted City Code provisions regulation smoking in public places and places of employment; and WHEREAS, the new smoking provisions, codified in Article III of Chapter 12 of the City Code, go into effect on October 1, 2003; and WHEREAS, City staff has been working with the general public and establishments and employers subject to the restrictions in order to educate and assist with compliance efforts; and WHEREAS, as a result of these public outreach efforts, City staff has determined that the establishment of administrative regulations as a basis for resolving new and ongoing questions of interpretation and enforcement of the smoking restrictions would be enhance the public's ability to anticipate and comply with the restrictions; and WHEREAS, administrative regulations interpreting the smoking restrictions would also facilitate fair and consistent treatment of the regulated public, would make the application of the smoking restrictions to specific circumstances more predictable, and would make this information more available to the public; and WHEREAS, the City Council has determined that the authority to adopt administrative regulations for the interpretation and enforcement of Article III of Chapter 12 of the City Code shall be vested in the City Manager,subject to publication of notice of their adoption and their availability in the office of the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-63 of the City Code,as enacted in Ordinance No. 181, 2002, shall be amended to eliminate subsection 12-63( c), and to renumber all subsequent subsections accordingly, as follows: Sec. 12-63. Designated smoking areas. (c) No owner, lessee, principal manager, or person in control of an establishment that designates a smoking area shall fail to maintain,post signage for, and otherwise operate such designated smoking area in accordance with the requirements of this Article. (d) If the seating or admission of patrons at an establishment with a designated smoking area is directed by an employee, no owner, lessee, principal manager,or other person in control of the establishment shall fail to ensure that such employee asks each patron for the patron's preference for seating in or use of a no- smoking or a smoking area.If the seating or admission of patrons at an establishment with a designated smoking area is not directed by an employee, no owner, lessee, principal manager, or other person in control of the establishment shall fail to post a conspicuous sign on all public entrances or in a position clearly visible on entry into the establishment advising patrons that such a no-smoking area is available and where it is located. Section 2. That Section 12-65 of the City Code,as enacted in Ordinance No. 181, 2002, shall be amended to add a new subsection 12-65(f), to read as follows: (f) The City Manager may make such rules and regulations as he or she deems necessary and beneficial for the interpretation and enforcement of the terms of this Article. Any such rules and regulations shall become effective upon the filing of the same with the office of the City Clerk and the publication in a newspaper of general circulation published in the city of a notice stating the general subject matter and the availability of the same in the office of the City Clerk. Section 3. That the foregoing amended City Code sections shall take effect,as amended, as of midnight, October 1, 2003. Introduced and considered favorably on first reading and ordered published this 19th day of August, A.D. 2003, and to be presented for final passage on the 2nd d September, A,-2003. MayorEST- City Clerk Passed and adopted on final reading this 2nd day of September, A . 2003. Mayor AfTTEST: City Clerk \`