HomeMy WebLinkAbout2016-22 Repealing and Reenacting Chapter 4, Title 5 Concerning SmokingORDINANCE 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 Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its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. 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 20th day of Se• ember, 2016 and a
public hearing for second reading of this Ordinance is set for the 4th day o' October, 2016, in the
Council Chambers of the Vail Municipal Building, V , - • •rad
Dave Chap
,M
READ AND A' ' ' . ED ON SECOND READING AND QRDE ; ED PUBLISHED this
18th day of October, 2016.
Ordinance No. 22, Series of 2016
Mayor