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HomeMy WebLinkAboutOrdinance No. 1992-01 Regulating Smoking in Public Places . . 410 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO ORDINANCE NO. 92 - e) / AN ORDINANCE REGULATING SMOKING IN CERTAIN PUBLIC AREAS OWNED OR OPERATED BY EAGLE COUNTY, AND IN COUNTY VEHICLES WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the referred to as the "County" ) desires to establish a smoking policy for all premises either owned or operated by Eagle County; and WHEREAS, both the Environmental Protection Agency and the Surgeon General have stated there is solid scientific information which links the adverse effects of passive smoking on the non- smoker; and WHEREAS, pursuant to C. R. S . 25-14-105 , the County is authorized to adopt local ordinances and regulations regarding smoking; and • WHEREAS, 30-11-107 ( 2 ) ( a) and ( e) authorize the board of county commissioners to make orders concerning property belonging to the county and to have the care of county property, respectively; and WHEREAS, C.R. S . 25-14-103 provides that smoking is prohibited in waiting rooms and meeting rooms owned or operated by a political subdivision; and WHEREAS, it is in the interest of the public health, safety and welfare that smoking be eliminated in all County buildings . NOW, THEREFORE , BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF THE COUNTY OF EAGLE , STATE OF COLORADO, THAT THERE BE AND HEREBY IS ADOPTED THE FOLLOWING REGULATIONS TO BE EFFECTIVE WITHIN ALL BUILDINGS OWNED AND/OR OPERATED BY EAGLE COUNTY: EAGLE COUNTY SMOKING POLICY FOR EAGLE COUNTY vUILDINGS Section 1 . Legislative Declaration The Board of County Commissioners of Eagle County, Colorado, hereby declares that the smoking of tobacco or any other plant or weed under certain conditions is a matter of public concern, and that in order to protect the public health, safety, and welfare it is necessary to control such smoking in certain public areas . • 411 Section 2 . Definitions A. "Smoking" means the lighting of any cigarette, cigar or pipe, or the possession of any lighted cigarette, cigar or pipe, regardless of its composition. B . "Public Meeting" means any meeting required to be open to the public pursuant to C. R. S . 24-6- 402 . Section 3 . Smoking Prohibited in Certain County-Owned or -Operated Places No person shall smoke in any of the following locations : A. In any motor vehicle owned or operated by Eagle County. B. In any public meeting room or during any public meeting held in any building owned or operated by Eagle County. C. In any hallway, waiting room or area, elevator, 111 rest room, office, stairway, lunch room, or any other interior area of a building owned or operated by Eagle County. D. In any entrance way, steps , porticos , or other area adjacent to, but which is on the exterior of, a building owned or operated by Eagle County. Section 4 . Sign Posting "NO SMOKING" signs , or the international no smoking symbol , or both, shall be conspicuously posted either on all public entrances or in a position clearly visible on any entry into the public Eagle County Buildings . Section 5 . Smoking on County Property A. Smoking shall be allowed, on Eagle County prop- erty, outside buildings owned and operated by the County, in conformance with these regulations . The County Manager may designate specific smoking areas outside said buildings , and may specifically restrict smoking from certain areas outside said buildings . • -2- , . IIIB . Unlawful littering or disposal of paper, butts , and other inorganic smoking debris on County property is prohibited, and shall be strictly enforced pursuant to state and local statutes , ordinances , and regulations . Section 6 . Penalties The penalty for violation of any provision of this Ordinance is a fine of not more than three hundred dollars ( $300 ) . Each day of any violation of this Ordinance shall constitute a separate offense . Section 7 . Effective Date The Board of County Commissioners does and hereby adopts smok- ing regulations as set forth in this Ordinance, effective immed- iately upon signing of this Ordinance . The Board finds , determines and declares that this Ordinance is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the CountyfEagle, State of Colorado, at its regular meeting 111 held the 04-11* day of April, 1992 . 1014 e. COUNTY OF EAGLE , STATE OF COLORADO, if by and Through Its BOARD 0:4111,1/ COMMISSIONERS • • coLoil If By: / •0 // , le /f /p By: 7:1 40, 411!!! / -- ,, d/06._ e erk to the Board .f Ri ar. L. vqrsts. son, w airman ounty Commissioners dr .....00. 41-4-- '9..-4044.' George A , Gates , Commissioner MIL 44 - _.6. Dona • . We c , Commissioner III -3- . . SCommissioner seconded adoption of the foregoing Ordinance . The roll having been called, the vote was as follows : Commissioner George A. Gates Commissioner Richard L . Gustafson Commissioner Donald H. Welch This Ordinance passed on Second Reading by , / vote of the Board of County Commissioners of the County of Eagle, State of Colorado . I, • 189-119 -4-