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Home My WebLink Aboutbocc.res.140.1978 S :� ' .L 1..1'. aT�Ll. _ � � x,•. y 8'S:i�:.i'„'';�, . ' , - .. �••.'�i n,'fi�.n � . a �. . ,... .... . . .... ' . ..., .. . .. t � . '• . .. . �:� �� . .� .. .. . �� . � ..�. ��. j'. / p�t � , � . ' 3 ,,�- . � ' �_�. . ' � � . . .i�.� . :� iI RESOLUTION OF THE BOARD OF COUNTY � �� COMMSSSIONERS OF P2TKIN COUNTY, COLORADO, �'� � ADOPTING PROHIBITIONS AGAINST SMOKING ; � i � IN CERTAIN PUBLIC AREAS AND PLACES f . � Resolution No. 78-� iWHEREAS, the General Assembly, with adoption of S.B. 137, � did authorize local municipal and county governments to regulate r smoking by the adoption of local regulations pertaining thereto, n�7'r. and � WHEREAS, the Board of County Commissioners wishes to adopt � such regulations and simultaneously, provide for certain penalties � so as to make them effective, � NOW, THEREFORE, BE IT RESOLVED by the Board of County � � Commissioners of Pitkin County, Colorado that there be, and hereby � is, adopted the following regulations to be e£fective within all '� � unincorporated areas of Pitkin County, Colorado: � CONTROL OF SMOKING � Section l. Legislative Declaration The Board of County Commissioners of Pitkin County, Colorado, hereby declares that the smoking of tobacco or any other plant or weed under certain conditions is a matter of publia concern and that in order to protect � the public health, safety, and welfare it is necessary -a� ` to control such smoking in certain public places. � Section 2. Definitions �F � � As used in this regulation, unless the context other- % wise requires: � � (1) "Public meeting" means any meeting required to be �� open to the public pursuant to part 4 of article 6 `.�,'��' o£ title 24, C.R.S. 1973, or article 9 of title 29, .,� C.R.S. 1973. �� :l. i (2) "Public place" means any enclosed, indoor area used :`,� ( by the general public or serving as a place of work �+ � including, but not limited to, restaurants, retail '�` � stores, other commercial establishments, governmental �' i, . offices, waiting rooms of health care professionals, public conveyances, educational facilities, hospitals, ;�; nursing homes, auditoriums, arenas, assembly and meeting rooms, and restrooms, but the term does not ��: include enclosed offices occupied exclusively by smokers, even though such offices may be visited by _" nonsmokers. `I i � . , � ��. -;x:.��<'i;��' I «iY- ' .�. � ��t�� . . �. �i;L•r'�i'1 . . � ' . in . , , .. . . ... ' �� t,i. . . . � . ' �'�� 7 (3) "Smokin " means the carr xn of a li hted � ' 4 Y� 9 4 P1Per lighted cigar, or lighted cigarette of any kind and � includes the lighting of a pipe, cigar, or cigarette � of any kind. � � r Section 3. Smokin Prohibited in Certain Public Places � _ (1) Except as otherwise provided herein, smoking is � prohibited in the following public places: r� (a) Elevators, museums, galleries, and libraries '� of any establishment doing business with the general public; (b) (I) All hospital elevators and corridors and wherever combustible supplies or materials are stored and wherever flaimnable liquids or gases or oxygen is stored or in use in the hospital. In addition to the specific � prohibitions provided in this subparagraph � fI) , huspitals shall: (A) Allow all patients, prior to elective us admission, to choose to be in a no � smoking patient room and, when possible, accommodate such request; � (B� Prohibit employees from smoking in patient rooms; a (C) Require that visitors obtain express � approval from all patients in patient s, room prior to smoking. ., � '� (II) All areas of a hospital not specifically j� referred to in this paragraph (b) shall be � ;� considered smoking areas unless posted � } otherwise. � :� `? (IIS) Nothing in this section shall prohibit a �ra � • hospital from banning smoking on all or part "^ '_� of its premises. � ,� � ? u . (IV) No other restrictions provided in this ,� . ?� regulation shall apply to hospitals licensed • �` '? pursuant to article 3 of title 25 of the � ; Colorado Revised Statutes or holding a valid � certificate of compliance pursuant to �1 C.R.S. 1973, 5ection 25-1,-107(1) (e) (II). � � � (c) Waiting rooms and meeting rooms located in all �y buildings owned by Pitkin County except in � n' areas desiqnated for smoking. � ;; ,��t �; (d) Any building used or designed primarily for "r � the purpose of exhibiting any motion picture, a �: stage drama, lecture, musical recital ar .� �"�i other such performance whenever open to the �« public; except that, smoking shall be allowed ;! � in an area commonly referred to as a lobby if ,r � such lobby is reasonably separated from the � spectator area and in designated seating areas ;, of moving picture theatres where ventilation is � adequate to achieve the purposes of this regulation. � This prohibition applies also to enclosed � sporting arenas. � � i � -2- � � �f . ''�1 i�:�,,:�: � '�...,_ ``��> . . .,�. -, , .,,. =;� t •� _�� ..�;,,,e. ., ; „ r,�Q y,. ... _ _— - _ __ 4�-�.., � �-: �H� . (e) Public transportation vehicles when open to the public, except in designated smoking areas; (f) Classrooms, corridors, and rest rooms in schools. All othar areas in schools shall be deemed nonsmoking areas except those specifi- cally designated for smoking by the appropriate authority having control of the physical facilities of the school. (2) Restaurants and bars are not subject to the specific � prohibitions of this regulation, but restaurants and bars are encouraged, whenever possible, to seat ' nonsmokers in an area away from smokers. Any public ? place where food is sold or served and in which ; neither a smoking nor a nonsmokinq area is designated ;� shall post a sign in a conspicuous place at or inside its entrance indicating whether or not provisions � have been made for nonsmokers. Such sign sha11 °_ state at a minimum "No provisions have been made for ;� nonsmoking areas" in letters not less than 1" in � height. �. (3} The owner, manager, or any person in charge of a ' public place specified in subsection (1) of this regulation shall control smoking throughout such - public place by posting signs which clearly designate nonsmoking and, where provided, smoking areas. Such r signs shall be explicit and conspicuous, but the wording, size, color, design, and place of posting shall be at the discretion of the owner, manager, `;; or person in charge. (4) Those in charqe of offices and commercial establish- ments that provide employment for the general public . are encovraged to designate nonsmoking areas that � are physically separated from the working environments `? where other employees smoke. Every effort shall be ? made to provide a separate area for nonsmokers in =4; employee lounqes and cafeterias. _ - Sectian 4. Optional Provision - s ?� The owner or manager of a public place, other than one .� specifically described in subsection (1) of Sectipn 3 '' �` of this regulation, may post, at his discretion, signs .� prohibiting smoking or providinq smo3cing and nonsmoking °( areas. Such posting shall have the effect of including �;� such public place in the public places where smoking is prohibited or restricted pursuant to subsection (1} of ;!j Section 3 of this regulation. _ i Section 5. Penalties ` £� Any person or corporation who violates any pzovision of ' this regulation shall be, for each offense, punished by a fine not excee@ing Three Hundred {$300.00) Dollars or � imprisonment for a periad of not more than ninety i9d) � days, or bo�h, such fine and imprisonment and each day of any violation of this regulation shall constitute a �� separate offense. ,e; r:: ,:j 5ection 6. Effective Date :� .,t µ; This regulation shall take effect January 1, 1974, and shall apply to all offenses committed on or after such date. .� _3_ i �"�'�y,��r:�''ri. ,�� . . _ � .. � % � .!c .., .. • �':. . .:....�.. ...�..�.-.�... ,r,..,:.:.. ....ww. ,._.._.��. �.:..t.� ' .�_ ..-.•:...:.... , ' . . .. ..Y.�..,�...... ... ..�r...,. .. . . .. . . . .. ... � " � . . . . . .. .�.i . � . ' . . . . . . . � � � . � � ��. Section 7: Effective Area The provisions of this regulation shall be effective within all unincorposated areas of Pitkin County, Colorac]o. � _ �,'. APPROVED by,the� Board of County Commissioners of Pitkin ' � County, Colorado, at its regular meeting held n�?/��, 1978. � THE BOARD OF COUNTY COMMISSIONERS .�,t� . t ,� ;� \ ��,��' �,a t'::� ,t OF PITKTN COUNTY. COLORADO � � � � .;sl� .n S- . � � . � . -� ;-,r a � � � � � . � � �,, r'r r Y i��ipl�"�`�/ �� ATT�S� �°�'.''''� /, � �� }�� ° ��`�'' B Robert W. Child, Chairman '� ,l,�.�'•.De y .]i;�rk�>�and Recorder • � . r �' .. f . . . - . � . . . . � r! � � - � . � . . . , . . � APPROVED AS TO FORM: ��/ �,�v 1 'Pitki�Attorney x _ -4- � . � � � I . �! � : : f � � , � � � _ . .,��+��-�� _�:,: