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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. _ 1 _ 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. - 2 - 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. F011 colt SEAT ' Mayor ATTEST: O�LORPe° City Clerk Passed and adopted on final reading on the 1st day of September, A.D. 2015. Mayor ATTEST: City Cler . �+°p FORf Cp! SEA :Z L •N C°<'•0 *A*' 'RA - 3 -