HomeMy WebLinkAboutOrdinance No. 2022-01 Repealing Ordinance No. 92-01 and No. 06-01 and Prohibiting Smoking and use of Electronic Smoking Devices in Public Places DocuSign Envelope ID:45BE2FB4-CC12-4815-A0AB-C9149DF56F72
Commissioner scherr moved adoption
of the following Ordinance:
ORDINANCE NO. 2022-01
AN ORDINANCE REPEALING EAGLE COUNTY ORDINANCE NO. 92-01 AND
EAGLE COUNTY ORDINANCE NO. 06-01 AND PROHIBITING SMOKING AND THE
USE OF ELECTRONIC SMOKING DEVICES IN PUBLIC PLACES, PLACES OF
EMPLOYMENT, AND OTHER PLACES OF INTEREST IN UNICORPORATED
EAGLE COUNTY
WHEREAS, numerous studies have found that tobacco smoke and emissions from
electronic smoking devices are a major contributor to indoor air pollution and cause secondhand
smoke and secondhand aerosol; and
WHEREAS,breathing secondhand smoke or secondhand aerosol is a significant cause of
disease, including heart disease, respiratory disease, and lung cancer; and
WHEREAS, the Centers for Disease Control and Prevention determined in 2014 that
secondhand smoke accounts for an estimated 41,000 deaths annually in the United States. At
special risk are children, elderly people, individuals with cardiovascular disease, and individuals
with impaired respiratory function,including asthmatics and those with obstructive airway disease;
and
WHEREAS, secondhand smoke and secondhand aerosol can contain more than 4,000
chemicals, including arsenic, formaldehyde, hydrogen cyanide, and radioactive elements. More
than 60 of these chemicals have been identified as carcinogens; and
WHEREAS, studies have shown there is no safe level of exposure to secondhand smoke
or secondhand aerosol; and
WHEREAS, the United States Surgeon General has called upon local government entities
to adopt policies related to preventing the harm of secondhand smoke and secondhand aerosol and
to include electronic smoking devices in smoke-free policies in order to protect the public from
both secondhand smoke secondhand aerosol; and
WHEREAS, in order to protect individuals in Eagle County (the "County") from the
harmful impacts of secondhand smoke, the Eagle County Board of County Commissioners (the
"Board") previously adopted County Ordinance No. 92-01 regulating smoking in public areas
owned or operated by the County and County Ordinance No. 06-01 prohibiting smoking in public
places, places of employment, and other places of interest in the County; and
WHEREAS, following the adoption of County Ordinances No. 92-01 and No. 06-01, the
Legislature for the State of Colorado passed C.R.S. §§ 25-14-201 to 25-14-209 (the "Colorado
Eagle County, CO 202214067
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Clean Indoor Air Act") in order to protect the public throughout Colorado from involuntary
exposure to emissions from secondhand smoke; and
WHEREAS,a violation of the Colorado Clean Indoor Air Act is a petty offense punishable
by up to a fine of not more than three hundred dollars, imprisonment for not more than ten days in
a county jail, or both, pursuant to C.R.S. § 25-14-208 and C.R.S. § 18-1.3-503; and
WHEREAS, both C.R.S. § 25-14-207(2)(a)(I) and C.R.S. § 30-15-401(1.5)(b) allow the
Board to adopt and enforce additional smoking regulations that are not less stringent than the
Colorado Clean Indoor Air Act; and
WHEREAS, the Legislature for the State of Colorado also revised C.R.S. § 18-1.3-503
and C.R.S. §§ 30-15-401 to 30-15-411, which modified the potential penalties for a violation of a
county ordinance and provided that violations of a county ordinance shall generally constitute a
civil infraction; and
WHEREAS, the Board, as a result of the passage of the Colorado Clean Indoor Air Act,
the change to potential penalties for violation of a county ordinance, and the rise in prevalence of
electronic smoking devices, desires to implement the following Ordinance Repealing Eagle
County Ordinance No. 92-01 and Eagle County Ordinance No. 06-01 and Prohibiting Smoking
and the Use of Electronic Smoking Devices in Public Places, Place of Employment, and Other
Places of Interest in Unincorporated Eagle County(the "Ordinance"); and
WHEREAS, this Ordinance shall clarify that the Colorado Clean Indoor Act governs
smoking and the use of electronic smoking devices within the County and shall also apply more
stringent smoking restrictions within the County; and
WHEREAS, this Ordinance is necessary to preserve the public peace, health, safety, and
welfare of the citizens of Eagle County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Eagle County:
THAT, County Ordinance No. 92-01 and County Ordinance No. 06-01 are hereby
repealed; and
THAT,unauthorized smoking and the use of electronic smoking devices within the County
shall be governed and enforced through the Colorado Clean Indoor Air Act; and
THAT, in addition to the Colorado Clean Indoor Air Act, the following provisions,
prohibitions,and penalties shall apply to smoking and the use of electronic smoking devices within
the County pursuant to C.R.S. § 25-14-207(2)(a)(I) and C.R.S. § 30-15-401(1.5)(b):
SECTION 1. PURPOSE
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The Board finds and declares that the purposes of this ordinance are(1)to protect the public health
and welfare by prohibiting smoking and the use of electronic smoking devices in public places and
places of employment; (2) to guarantee the right to breathe smoke and aerosol-free air; and (3) to
recognize that the need to breathe smoke-free air shall have priority over the desire to smoke or
use electronic smoking devices.
SECTION 2. DEFINITIONS
The Board adopts the definitions as set forth by the Colorado Clean Indoor Air Act in C.R.S. 25-
14-203. Additionally, the following words and phrases,whenever used in this Ordinance, shall be
construed as defined in this section:
A. Enclosed Area - means all space between a floor and ceiling which is enclosed on all sides by
solid walls or windows (exclusive of door or passage ways) which extend from the floor to the
ceiling, including all space therein screened by partitions which do not extend to the ceiling or are
not solid, office landscaping, or similar structures.
B. Recreational Facility-means indoor or outdoor sports pavilions, stadiums, gymnasiums,health
spas,boxing arenas, swimming pools,roller and ice rinks,bowling alleys, fairgrounds,skate parks,
soccer fields, ball fields, playgrounds and other venues similar to those listed above where
members of the general public assemble either to engage in physical exercise,participate in athletic
competition, or witness sports or other events, including all the spectator stands for such events.
Recreational Facility shall not include the outdoor parking lots of said facilities;however,smoking
in said parking lots remains subject to the 25-foot perimeter requirements set forth in Section 6
and Section 7 hereunder.
C. Service Line -means any indoor and outdoor line at which one (1) or more persons are waiting
for or receiving service of any kind, whether or not such service involves the exchange of money,
including but not limited to, movie ticket lines, theatre lines, concert lines, sporting events lines,
food vendor lines, lift ticket lines, and chair lift/gondola lines. For purposes of this Ordinance, the
term Service Line as it relates to chair lift/gondola lines shall include both the line to embark on a
chair lift/gondola and the time spent riding the chair lift/gondola until disembarking.
SECTION 3. APPLICABILITY
This Ordinance shall apply to all portions of unincorporated Eagle County for the entirety of each
year.
SECTION 4. PROHIBITION OF SMOKING OR THE USE OF ELECTRONIC SMOKING
DEVICES IN SERVICE LINES
In addition to the prohibitions set forth in the Colorado Clean Indoor Air Act, smoking or the use
of electronic smoking devices shall be prohibited in all indoor and outdoor Service Lines. Smoking
or the use of electronic smoking devices shall not occur within twenty-five(25)feet of any Service
Line.
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SECTION 5. PROHIBITION OF SMOKING OR THE USE OF ELECTRONIC SMOKING
DEVICES AT RECREATIONAL FACILITIES
In addition to the prohibitions set forth in the Colorado Clean Indoor Air Act, smoking or the use
of electronic smoking devices shall be prohibited in all indoor and outdoor Recreational Facilities
as defined herein. Smoking or the use of electronic smoking devices shall not occur within twenty-
five (25) feet of any Recreational Facility.
SECTION 6. PROHIBITION OF SMOKING OR THE USE OF ELECTRONIC SMOKING
DEVICES AT OUTDOOR SEATING AREAS
In addition to the prohibitions set forth in the Colorado Clean Indoor Air Act, smoking or the use
of electronic smoking devices shall be prohibited within the exterior walls, fences, or otherwise
defined limits of an outdoor seating or serving area of a Food Service Establishment or Bar.
Smoking or the use of electronic smoking devices shall not occur within twenty-five (25) feet of
any outdoor seating or serving area of a Food Service Establishment or Bar.
SECTION 7. SMOKE FREE PERIMETER
Smoking or the use of electronic smoking devices shall not occur within twenty-five (25) feet
outside of an entrance, passageway, operable window, ventilation system, or other opening of an
enclosed area subject to the Colorado Clean Indoor Air Act or this Ordinance to ensure that smoke
or aerosol does not enter the area through entrances, windows, ventilation systems, or any other
means.
SECTION 8. POSTING OF SIGNS
Signs indicating that smoking or use of electronic smoking devices is prohibited, or the
international "No Smoking/No Vaping" symbol (consisting of a pictorial representation of a
burning cigarette and electronic smoking device enclosed in a circle with a bar across it) shall be
clearly and conspicuously posted in every building or other areas where smoking or use of
electronic smoking devices is prohibited by the Colorado Clean Indoor Air Act or this Ordinance,
by the owner, operator, manager, or other person having control of such building or other area.
SECTION 9. ENFORCEMENT
A. Enforcement of the Colorado Clean Indoor Air Act and this Ordinance shall be implemented
by the Eagle County Sheriffs Office or the Eagle County Department of Environmental Health or
their designees.
B. Any person who desires to register a complaint under this chapter may initiate enforcement
with the Eagle County Sheriffs Office or the Eagle County Department of Environmental Health.
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C. The Eagle County Sheriff's Office or the Eagle County Environmental Health Department or
their designees may inspect for compliance of the Colorado Clean Indoor Air Act or this Ordinance
while an establishment is undergoing otherwise mandated inspections.
D. Any owner, manager, operator or employee of any establishment regulated by this Ordinance
shall inform persons violating the Colorado Clean Indoor Air Act or this Ordinance of the
appropriate provisions thereof and request their compliance.
SECTION 10. RETALIATION PROHIBITED
No person or employer shall discharge, refuse to hire, or retaliate in any manner against any
employee, applicant for employment, or customer because such employee, applicant, or customer
exercises any rights afforded by the Colorado Clean Indoor Air Act or this Ordinance.
SECTION 11. VIOLATIONS AND PENALTIES
A. It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use
of any premises subject to regulation under the Colorado Clean Indoor Air Act or this Ordinance
to allow or condone smoking or the use of electronic smoking devices in a prohibited location
within such premises, or otherwise fail to comply with any of these provisions.
B. It shall be unlawful for any person to smoke or use an electronic smoking device in any area
where smoking is prohibited by the provisions of the Colorado Clean Indoor Air Act or this
Ordinance.
C. Any person who owns,manages, operates, or otherwise controls the use of any premises or any
other person who violates any provision of the Colorado Clean Indoor Air Act shall be guilty of a
petty offense as set forth by C.R.S. § 25-14-208, as amended, punishable by up to a fine of not
more than three hundred dollars, imprisonment for not more than ten days in a county jail,or both,
pursuant to C.R.S. § 18-1.3-503(1.5).
D. Any person who owns, manages, operates, or otherwise controls the use of any premises or any
other person who violates any additional provision of this Ordinance not covered by the Colorado
Clean Indoor Air Act shall be guilty of a civil infraction as set forth by C.R.S. 30-15-402, as
amended,punishable by up to a fine of not more than one hundred dollars pursuant to C.R.S. § 18-
1.3-503(1.6)(a).
E. The penalty assessment procedure provided in C.R.S. § 16-2-201 may be followed in enforcing
the provisions of the Colorado Clean Indoor Act and this Ordinance. All fines shall be paid into
the treasury of Eagle County or as otherwise provided by law.
E. Each day of a continuing violation shall be deemed to be a separate violation.
F. Notwithstanding any other provision of this Ordinance, an employee or private citizen may
bring legal action to enforce this Ordinance.
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SECTION 12. PUBLIC EDUCATION
Eagle County may engage in a continuing program to explain and clarify the purposes and
requirements of the Colorado Clean Indoor Air Act and this Ordinance to citizens affected by it,
and to guide owners, operators, and managers in their compliance with it. Such program may
include publication of a brochure for affected businesses and individuals explaining the provisions
of this ordinance. However, the provision of such an educational program shall not be a
prerequisite to the applicability of the terms and conditions herein.
SECTION 13. OTHER APPLICABLE LAWS
This Ordinance shall not be interpreted or construed to permit smoking or the use of an electronic
smoking device where it is otherwise restricted by other applicable laws.
SECTION 14. LIBERAL CONSTRUCTION
This Ordinance shall be liberally construed so as to further its purposes.
SECTION 15. SEVERABILITY
If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any
person or circumstances shall be held invalid, such invalidity shall not affect the other provisions
of this Ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this Ordinance are declared to be severable.
SECTION 16. EFFECTIVE DATE
This Ordinance shall be effective thirty (30) days from and after the date of its adoption, This
Ordinance shall apply throughout all of Unincorporated Eagle County all year round.
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INTRODUCED AND READ ON FIRST READING July 12, 2022 and ordered published in the
Eagle Valley Enterprise.
ADOPTED ON SECOND AND FINAL READING on August 16, 2022,
DocuSigned 11IOUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
.p BOARD OF COUNTY COMMISSIONERS
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ATTEST:
p—DocuSigned by: ,—DocuSigned by:
t� By: 0~41` Q"""S
�to4t Board of i eney
County Commissioners County Commissioners Chair
,—DocuSigned by:
Kathy.t dtier-Henry
Commissioner
•
,—DocuSigned by:
A& 4l�y thi
Air
ti S 11orE0473..
Commissioner
Commissioner chandl er-Henry seconded adoption of the foregoing Ordinance. The roll
having been called, the vote was as follows:
Commissioner McQueeney AAye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
This Ordinance passed by 3/0 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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CERTIFICATION
I, Regina O'Brien, Eagle County Clerk and Recorder, do hereby certify that the foregoing
Ordinance No. 2022-01, entitled"AN ORDINANCE REPEALING EAGLE COUNTY
ORDINANCE NO. 92-01 AND EAGLE COUNTY ORDINANCE NO. 06-01 AND
PROHIBITING SMOKING AND THE USE OF ELECTRONIC SMOKING DEVICES IN
PUBLIC PLACES, PLACES OF EMPLOYMENT,AND OTHER PLACES OF
INTEREST IN UNICORPORATED EAGLE COUNTY" is a true, correct and complete copy
from the records in my office, that said ordinance was duly adopted by the Board of County
Commissioners of the County of Eagle and is in full force and effect. Further, one (1) copy of the
Ordinance adopted herein is now filed in the office of the Clerk and Recorder of the County of
Eagle, Colorado, and may be inspected during regular business hours.
1 and Recorder
STATE OF COLORADO )
) ss.
COUNTY OF Eagle )
Subscribed and sworn to before me by G;t �v c�,b Y t this
Li day of �.IA Lis-(--- , 2022. J
q-A-A-ADit
Notary Public
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My Commission expires:l)S/�� !J�u .L(
CHRISTINA MOSES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20044riADO
MY COMMISSION EXPIRES MAY 27,2024
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