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Home My WebLink About2007 Ordinance No. 035• • • ORDINANCE NO . 6S SERIES OF 2007 -- BY AUTHORITY COUNCIL BILL NO . 37 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE REPEALING TITLE 6, CHAPTER I, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO SMOKING . WHEREAS, Title 6-1 -8 of the Englewood Municipal Code 2000 was adopted for the health and safet y of the City of Englewood and its citizens which have always been an En glewood City Council priority; a •. d WHEREAS , Colorado House Bill 06-1175, "The Colorado Clean Indoor Air Act", has been passed with the intent of preserving and improving the health, comfort and environment of Colorado residents by limiting their exposure to tobacco smoke; and WHEREAS , Title 6-1-8 EMC has become obsolete by the enactment of Colorado House Bill 06 -1175 because State Statute supersedes current Code provisions; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section t . The City Council of the City of Englewood , Colorado hereby authorizes the repeal of Title 6, Chapter I, Section 8, entitled "Smoking" of the Englewood Municipal Code 2000 , in its entirety. ~ Safety Clauses . The City Council hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety , and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council funhcr determines that the Ordinance bea rs a rational rel ation to the proper legislative object sought to be obtained . ~ Severabiljt:£. If any clause, sentence, paragraph, or part of this Ord inance or the application thcrccf to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . ~ Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. -1- 9 bi ~-Effect of repe,al or modjficatjgo,. The rep.'&! or modification of any pro via ion of the Code of the City of En11ewo.:rl by thl~ Ordinance shall not releuc, extin1111i1h, alter, modify, or chanae in whole or in p!.'I any penalty, forfeiture, or liability, either civil or criminal, which 1hall have been incurred Wider 1uch provision, and each proviaion shall be treated and held u still remainina in force for the purposes of su1tainin1 any and all proper actions , 1uit1, proceedinp, and prosecutions for the enfon:ement of the penalty, forfeiture, or liability, u well as for the purpose of sus1aining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits , proccedinp, or prosecutions . Introduced, read in full, and passed on first reading on the 21st day of May, 2007 . Published as a Bill for an Ordinance on the 25th day of May, 2007 . Read by title and passed on fina l reading on the 4th day of June, 2007 . Published by title as Ordinance No . 2(,°'scries of 2007, on the 8th day of June, 2007. -2- • • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 11 alil Deletion of Language Contained In Title 6, Chapter 1, Section 8, Smoking from the City of Englewood Municipal Code Initiated By: I Staff Source: fi;:~nce and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has not discussed this issue, but the health and safety of the City and its citizens has always been a Council priority. RECOMMENDED ACTION Staff recommends City Council approve the attached Bill for an Ordinance deleting the language in Title 6, Chapter 1, Section B, Smoking, as Stale Statutes have been enacted which supersede current Code r,rovisions . · BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTlFIED Governor Owens signed House Bill 06-11 75 , the Colorado Clean Indoor Air Act into law on March 2 7, 2006, and the effective dale was July 1, 20U6 . The Colorado Clean Indoor Air Act of 2006 was passed with the intent of preserving and im pr ovi ng the he alth , co mfort , and environment of Colorado residents by limiting exposure to lobacco smoke . The Colorado Clean Indoor Air Act of 2006 includes the following provisions : Requires Indoor Areas to be Smoke-Free including but not limited to: ❖ Public places and buildings such as elevators , restrooms, theaters, museums, librar:es, schools, educational Institutions, retirement facilities and nursing homes ❖ Lobb ies, reception areas, hallways, and any other common-use areas ❖ Any place of employment not exempted ❖ Restau ra nts, bars, limited gaming facilities, billiard or pool halls, bowling alleys, grocery stores, and any food service establishment ❖ indoor sports arenas, gymnasiums, and auditoriums ❖ Health care facilities, hospitals, health care clinics, doctor's offices, and child daycare facilities ❖ No less than 75% of hotel or motel sleeping quarters rented to guests ❖ Jury waiting and deliberation rooms, courtrooms, and public meetings ❖ Government-owned mass transportation of any kind Entryway ❖ Entryways of establishments covered by this law must be smoke-free . ❖ 'Entryway" means the outside of the front or main doorway leading into a building. Entryway also includes the area of a public or private property within a specified radius outside of the doorway. The specified rad ius shall be determined by the local authority or, If the local authority has not acted, the specified radius shall be 15 feel (the City is currently enforcing the 15 foot regulation) ❖ A local authority may specify a radius of less than 15 feet for the area included within an entryway Ex,mptlons ❖ Private homes, residences , and automobiles unless being used for child care or day care. ❖ Limousines under private hire ❖ Up 10 25% of rented hotel or motel rooms ❖ Retail tobacco businesses ,. An establishment that met the definition of a "cigar-tobacco bar," as of December 31, 2005 ❖ The outdoor area of any business, exclud ing entryways as described above ❖ The retail floor plan of casinos ❖ Fully enclosed and independently ventilated airport smoking concessions at Den ver International Airport ❖ Employers with thre e or fewer employees who do not allow access lo the public ❖ A priva te, non-residentia l bu ilding on a farm or ranch that has annual gross income of less than $500,000 Penalties A violation of this law is a Class 2 Petty Offense ❖ It is unlawful for a person who owns , manages, operates, or otherwise co ntrols the use of a premises subject to this law lo violate any provisions of this law ❖ ii is unlawful for a person to smoke in an area where smoking is prohibited by this law ❖ First violation within a calendar year• $200 fine ❖ Second vio lation within a calendar year -$300 fine ❖ Third viola tion within a calendar year• $500 fine Each day of a continuing violation shall be deemed a separate vio lati on. Enforcement This law will be enforced by local authorities , FINANCI AL IMPACT This action will not have a direct financial impact on the City of Englewood . UST OF ATTACHMENTS Proposed Bill for an Ordinance • • •