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HomeMy WebLinkAbout2016-22PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Patty McKenny, Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2016, on the Town of Vail's web site, www.vailqov.com, on the 22nd day of September, 2016. Witness my hand and seal this 22nd day of September, 2016. Iola P y Ke y T n C rk ORDINANCE NO. 22 SERIES 2016 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE, CONCERNING SMOKING WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law; and WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 4 SMOKING 5-4-1: DEFINITIONS: ELECTRONIC SMOKING DEVICE: An electric or battery -operated device, the use of which resembles conventional smoking, which can be used to deliver substances, including without limitation nicotine, tobacco, or marijuana, to the person using such device, including without limitation an electronic cigarette, cigar, cigarillo, pipe, or hookah, but excluding any product approved by the U.S. Food and Drug Administration as a drug or medical device that is used in accordance with its purpose. EMPLOYEE: Any person who is employed by an employer. EMPLOYER: Any person, partnership or corporation, including a municipal corporation, who employs the services of any person. ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. ENTRYWAY: The front or main doorway leading into a building. MINOR: A person under eighteen (18) years of age. Ordinance No. 22, Series of 2016 September 20, 2016 - Page 19 c NICOTINE PRODUCT: An electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including, without limitation, an electronic cigarette, cigar, cigarillo, hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. PUBLIC PLACE: Any enclosed area in which the general public is permitted, including without limitation: convention halls, covered parking structures, public or private educational facilities, childcare facilities, adult daycare or medical or healthcare facilities, hospitals, gymnasiums, post offices, guest rooms in commercial lodging establishments, laundromats, performance halls, polling places, professional offices, public transportation facilities, taxis, reception areas, restaurants, bars, retail food production and marketing/grocery establishments, retail service establishments, retail stores, indoor sports arenas, bowling alleys, billiard or pool halls, and theaters; every room, chamber or place of meeting or public assembly; all areas of an establishment that are open to, or customarily used by, the general public, including without limitation elevators, restrooms, lobbies, reception areas, hallways, waiting rooms and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential or commercial lodging establishments; and any private residence when in use as a child care, adult daycare, or health care facility. RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of an electronic smoking device, or the possession of any lighted cigarette, cigar, pipe or activated electronic smoking device, regardless of its composition. TOBACCO PRODUCT: A product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in oral or nasal cavities, or applied to the skin of an individual, including, without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared Ordinance No. 22, Series of 2016 September 20, 2016 - Page 20 c in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. WORK AREA: An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. 5-4-2: SMOKING PROHIBITED: A. Public Places: Smoking is prohibited in any public place. B. Entryways: Smoking is prohibited within fifteen (15) feet of any entryway. C. Outdoor areas: Smoking is prohibited within fifteen (15) feet of any outdoor patio or deck designated as an area for the consumption of food or drinks. D. Posted Areas: Smoking is prohibited in designated "no smoking" areas as set forth in Sections 5-4-3 and 5-4-5. E. Other Areas: Smoking is prohibited in those areas where smoking is prohibited by state law, fire code regulations, or other regulations of the Town. 5-4-3: SMOKING PERMITTED: A. Smoking is permitted in the following places: 1. Private homes and vehicles except if any such home is being used for childcare or daycare or vehicle is being used for the public transportation of children; 2. Limousines under private hire; 3. Commercial lodging, including without limitation hotel and motel rooms rented to one or more guests and designated as smoking rooms; provided, however, that not more than twenty-five (25%) percent of the rooms in a hotel or motel may be so designated; 4. Retail tobacco stores; 5. A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees; 6. Smoking by performers as part of a stage production at a theater; and Ordinance No. 22, Series of 2016 September 20, 2016 - Page 21 c 7. Areas of assisted living facilities that are designated for smoking, that are fully enclosed and ventilated and to which access is restricted to the residents and their guests. B. Notwithstanding any other provision of this Section, an owner, operator, manager or other person who controls an establishment, facility or grounds described in this Section may declare the entire establishment, facility or grounds smoke -free. C. In the case of employers who own facilities otherwise exempted under this Section, each such employer shall provide a smoke -free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke. 5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL: It is unlawful for an employer, proprietor or person in charge of a public place or place of employment regulated under this Chapter to discharge, discriminate against or in any manner retaliate against any person who requests the designation of "no smoking" areas or enforcement of "no smoking" areas. 5-4-6: MINORS: A. It is unlawful for a minor to possess, consume, or use a tobacco product or nicotine product in the Town. B. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product in the Town by misrepresentation of age or by any other method. C. It is unlawful for a person to knowingly furnish to a minor in the Town, by gift, sale or any other means, a tobacco product or nicotine product. D. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco or nicotine product. E. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age or older. Ordinance No. 22, Series of 2016 September 20, 2016 - Page 22 c 5-4-7: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. B. The penalty for a violation of this Chapter shall be as provided in Section 1-4-1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED 2�'-"- PUBLISHED ONCE IN FULL ON FIRST READING this +Ctn j&y J-Aegt t, 2016 and a - public hearing for second reading of this Ordinance is set for the t29L4aq-cr 0.,,1..,,1di" 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.�OGtoPSEQ Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2016. Dave Chapin, Mayor Ordinance No. 22, Series of 2016 September 20, 2016 - Page 23 c ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2016 September 20, 2016 - Page 24 c PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2016, on the Town of Vail's web site, www.vailqov.com, on the 19t" day of October, 2016. Witness my hand and seal this 19t" day of October, 2016. Tammy Nagel Deputy Clerk ORDINANCE NO. 22 SERIES 2016 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE, CONCERNING SMOKING WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAX), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law; and WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 4 SMOKING 5-4-1: DEFINITIONS: ELECTRONIC SMOKING DEVICE: An electric or battery -operated device, the use of which resembles conventional smoking, which can be used to deliver substances, including without limitation nicotine, tobacco, or marijuana, to the person using such device. Electronic smoking device includes without limitation an electronic cigarette, cigar, cigarillo, pipe, or hookah, but does not include any product approved by the U.S. Food and Drug Administration as a drug or medical device that is used in accordance with its purpose. EMPLOYEE: Any person who is employed by any employer. EMPLOYER: Any person, partnership or corporation, including a municipal corporation, who employs the services of any person. ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. ENTRYWAY: The front or main doorway leading into a building. MINOR: A person under eighteen (18) years of age. NICOTINE PRODUCT: An electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including, without limitation, an electronic cigarette, cigar, cigarillo, hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. Ordinance No. 22, Series of 2016 PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. PUBLIC PLACE: Any enclosed area in which the general public is permitted, including without limitation: convention halls, covered parking structures, public or private educational facilities, childcare facilities, adult daycare or medical or healthcare facilities, hospitals, gymnasiums, post offices, guest rooms in commercial lodging establishments, laundromats, performance halls, polling places, professional offices, public transportation facilities, taxis, reception areas, restaurants, bars, retail food production and marketing/grocery establishments, retail service establishments, retail stores, indoor sports arenas, bowling alleys, billiard or pool halls, and theaters; every room, chamber or place of meeting or public assembly; all areas of an establishment that are open to, or customarily used by, the general public, including without limitation elevators, restrooms, lobbies, reception areas, hallways, waiting rooms and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential or commercial lodging establishments; and any private residence when in use as a child care, adult daycare, or health care facility. RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of an electronic smoking device, or the possession of any lighted cigarette, cigar, pipe or activated electronic smoking device, regardless of its composition. TOBACCO PRODUCT: A product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in oral or nasal cavities, or applied to the skin of an individual, including, without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. WORK AREA: An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. 5-4-2: SMOKING PROHIBITED: A. Public Places. Smoking is prohibited in any public place. B. Entryways: Smoking is prohibited within fifteen (15) feet of any entryway. C. Outdoor eating areas. Smoking it prohibited within fifteen (15) feet of any outdoor eating area. Ordinance No. 22, Series of 2016 D. Outdoor recreation areas and bus stops. Smoking is prohibited at all Town of Vail parks, open space, recreation areas, skate parks, soccer fields, ball fields, and within 15 feet of all multi -use recreation paths, bus stops and platforms. E. Posted Areas. Smoking is prohibited in designated "no smoking" areas as set forth in Sections 5-4-3 and 5-4-5. F. Other Areas. Smoking is prohibited in those areas where smoking is prohibited by state law, fire code regulations, or other regulations of the Town. 5-4-3: SMOKING PERMITTED: A. Smoking is permitted in the following places: 1. Private homes except if any such home or vehicle is being used for childcare or daycare or if a private vehicle is being used for the public transportation of children; 2. Private automobiles; 3. Limousines under private hire; 4. Commercial lodging including without limitation hotel or motel rooms rented to one or more guests and designated as smoking rooms; provided, however, that not more than twenty-five (25%) percent of the rooms rented in a hotel, or motel may be so designated; 5. Retail tobacco stores; 6. A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees; 7. Smoking by performers as part of a stage production at a theater; and 8. Areas of assisted living facilities that are designated for smoking for residents; that are fully enclosed and ventilated and to which access is restricted to the residents and their guests. B. Notwithstanding any other provision of this Section, an owner, operator, manager or other person who controls an establishment, facility or grounds described in this Section may declare the entire establishment, facility or grounds smoke -free. C. In the case of employers who own facilities otherwise exempted under this Section, each such employer shall provide a smoke -free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke. Ordinance No. 22, Series of 2016 5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL: It is unlawful for an employer, proprietor or person in charge of a public place or place of employment regulated under this Chapter to discharge, discriminate against or in any manner retaliate against any person who requests the designation of "no smoking" areas or enforcement of "no smoking" areas. 5-4-6: MINORS: A. It is unlawful for a minor to possess, consume, or use a tobacco product or nicotine product in the Town. B. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product in the Town by misrepresentation of age or by any other method. C. It is unlawful for a person to knowingly furnish to a minor in the Town, by gift, sale or any other means, a tobacco product or nicotine product. D. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco or nicotine product. E. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age or older. 5-4-7: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. B. The penalty for a violation of this Chapter shall be as provided in Section 1-4-1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision Ordinance No. 22, Series of 2016 hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 201h day of September, 2016 and a public hearing for second reading of this Ordinance is set for the 4th day of October, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18'h day of October, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2016