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HomeMy WebLinkAbout023 - 04/03/1984 - AMENDING CHAPTER 91 OF THE CITY CODE REGARDING SMOKING IN PUBLIC PLACES * . i ORDINANCE NO. 23, 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS, AMENDING CHAPTER 91 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING SMOKING IN PUBLIC PLACES WHEREAS, it is in the interest of the citizens of Fort Collins to strengthen and clarify the Code provision relating to smoking in public places. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 91 of the Code of the City of Fort Collins be, and the same hereby is, repealed and readopted as follows: ARTICLE I Designation of Smoking Areas Section 91-1 . Legislative intent. In order to serve the public health, safety and general welfare, it is the declared purpose of this Article to prohibit smoking in areas which are used by or open to the public unless such areas are designated as smoking areas pursuant to this Article. Section 91-2. Definitions. As used in this Article, the following terms shall have the meanings indicated: "Public Meeting" - Includes all meetings open to the public. "Public Place" - Means any enclosed, indoor area open to and frequented by the public or serving as a place of work, in- cluding but not limited to restaurants, retail stores, the- aters, banks, commercial establishments, public conveyances, educational facilities, recreational facilities, hospitals, nursing homes, auditoriums, arenas, meeting rooms and grocery stores. "Smoking Instrument" - Means any cigar, cigarette, pipe or other smoking equipment. Section 91-3. Smoking prohibited except in permitted areas. No person shall smoke or carry any lighted smoking instrument in a public place or at a public meeting except in permitted smoking areas. Section 91-4. Permitted smoking areas. Smoking may be permitted in the following public places: A. Establishments in which malt, vinous and/or spirituous liquors are sold for consumption on the premises pursuant to a license other than an arts license except for those areas within such establishments which are utilized primarily for restaurant purposes. B. Fully enclosed offices or rooms occupied exclusively by smokers, even though the offices or rooms may be visited by non-smokers. C. Rooms or halls being used by a person or group for a social or business function where the seating arrangements are under the control of the sponsor of the function. D. Retail businesses primarily engaged in the sale of tobacco or tobacco products. E. Restaurants with a seating capacity of thirty (30) or fewer persons. F. Smoking areas designated by the proprietor or person in charge of a public place or public meeting pursuant to Section 91-5. Section 91-5. Designation of smoking areas. The proprietor or person in charge may designate no more than fifty percent (50%) of a public place or public meeting as a smoking area except as follows: A. In places of work in which smokers and non-smokers work in the same office or room, it shall be the responsibility of employers to provide smoke-free work areas to accommodate employees who request the same. B. In no event shall lobbies, hallways or other common areas typically shared by smokers and non-smokers be designated as smoking areas, except that lobbies, hallways or other common areas which exceed five thousand square feet (5,000 s.f. ) in area may have within them designated smoking areas provided that no more than twenty-five percent (25%) of the total area of such lobby, hallway, or common area is so designated and further providing that such designated smoking areas are located such that it is not necessary for non-smokers to pass through such areas to reach other no-smoking areas. -2- e • C. In restaurants with a seating capacity of over thirty (30) persons, the proprietor or person in charge shall provide a no-smoking area of sufficient size to accommodate patrons who request to be seated in such an area. Patrons must be advised orally and through signs that no-smoking areas are available. D. In no event shall public restrooms be designated as smoking areas. Section 91-6. Signs. To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, signs shall be posted as follows: A. In public places where the proprietor or person in charge prohibits smoking in the entire establishment, a sign using the words "No Smoking" and/or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment. B. In public places where certain areas are designated as smoking areas pursuant to this chapter, the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment. C. In public places where smoking is permitted in the entire establishment, a sign using the words "Smoking Permitted" and/or the international smoking symbol shall be conspicu- ously posted either on all public entrances or in a position clearly visible on entry into the establishment. Section 91-7 . Areas where smoking is prohibited. Smoking shall not be permitted and smoking areas shall not be designated in those areas where smoking is prohibited by the Fire Chief, state statute, ordinances or regulations of the City of Fort Collins or other applicable laws. Section 91-8. Responsibilities of proprietors. The proprietor or person in charge of a public place or public meeting shall make reasonable efforts to obtain compliance with this chapter in such places by: A. Posting appropriate signs. B. Arranging seating and work areas to provide a smoke-free area. -3- 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. E. Using existing physical barriers and ventilation systems to minimize the toxic effect of transient smoke in adjacent no-smoking areas. F. Any other means which may be appropriate. Section 2. That the effective date of this ordinance shall be May 3, 1984. Introduced, considered favorably on first reading, and ordered pub- lished this �,2p�tthh day of March A.D. 1984, and to be presented for final passage on the 3rd day of April A.D. 1984. . e. Mayor , ATTEST: P City C erc Passed and adopted on final reading this 3rd day of April A.D. 1984. Mayor ATTEST: ty (; Ierk -4-