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Smoking in Fort Collins#

Overview#

The purpose of the "Smoking in Public Areas" ordinance is to:

  1. protect the health and environment of the city’s residents, employees and visitors,
  2. advance the right of all persons to breathe smoke-free air, and
  3. recognize that the need to breathe smoke-free air shall have priority in public places and work places over the desire to smoke.

Studies have found tobacco smoke as a major contributor to indoor air pollution and breathing secondhand smoke is a cause for disease in nonsmokers. Reducing exposure to secondhand smoke decreases the risk of deadly diseases.

  • The Environmental Protection Agency designated secondhand smoke as a cancer-causing agent (carcinogen) along with other known hazards, like asbestos.
  • Secondhand smoke contains nearly 5,000 chemicals, 60 of which are known toxins and carcinogens, including arsenic, formaldehyde, hydrogen cyanide, and radioactive elements.
  • Illnesses induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infections and more.

The local ordinance prohibits retaliation against any employee, applicant for employment or customer due to the exercise of rights under the ordinance. Read the entire "Smoking in Public Areas" municipal code. 

If you see smoking where it is not permitted, please report violations by calling 970-416-2200 or online using Access Fort Collins, under Nuisance Reporting.

Downtown Smoking Map

Smoking is prohibited in the following areas and types of businesses:

  • No smoking in any Fort Collins restaurants and bars.
  • No smoking on or within 20 feet of outdoor dining areas or patios abutting a public right-of-way or sidewalk.
  • No smoking in any places of employment, except in locations in which the City Code expressly permits smoking.
  • No smoking within a 20-foot perimeter outside of the entrances, operable windows, passageways and ventilation systems of smoke-free areas, except for passersby who do not stop.
  • No smoking in bowling alleys and bingo parlors.
  • No smoking at any of Transfort's public transit facilities, benches, and platforms.
  • 100% of hotel/motel rooms must be smoke-free.
  • The use of electronic smoking devices will be prohibited in all places where conventional smoking is not allowed.

Smoking is permitted in the following areas:

  • You may smoke in private residences (except those in use for public services).
  • You may smoke in retail tobacco stores.
  • You may smoke in private functions not open to the public.

The local ordinance prohibits retaliation against any employee, applicant for employment or customer due to the exercise of rights under the ordinance. Read the entire "Smoking in Public Areas" municipal code.

Read the entire "Smoking in Public Areas" municipal code. On October 1, 2003, City Council originally passed an ordinance banning smoking in public areas; this ordinance was expanded in January and July 2014. The ordinance bans smoking in public areas including:

  • restaurants, bars, and taverns
  • billiard and pool halls
  • indoor sports arenas and performance halls
  • grocery stores
  • public meetings and court rooms
  • child and elder care facilities
  • restrooms, lobbies, hallways, and elevators
  • libraries and all schools
  • within a 20-foot perimeter outside of the entrances, operable windows, passageways and ventilation systems of smoke-free areas, except for passersby who do not stop
  • on or within 20 feet of outdoor dining areas or patios abutting a public right-of-way or sidewalk
  • bowling alleys and bingo halls
  • hospitals, clinics, and other health care facilities
  • at any of Transfort's public transit facilities, benches, and platforms

Effective January 1, 2015, this list will also include:

  • 100% of hotel/motel rooms ( Hotels/motels may currently allow smoking in up to 25% of hotel/motel guest rooms)
  • The use of electronic smoking devices will be prohibited in all places where conventional smoking is not allowed

Many community members and organizations worked with the City of Fort Collins to develop an educational campaign called “A Change in the Air” to remind and inform the public of the law. Here are some things you can do to ensure your employees and customers are aware of the law.

  • Inform customers and employees of the law.
  • Develop personnel procedures, which include when and where smoke breaks can be taken and what happens should an employee violate the law.
  • Post "No Smoking" signs in prominent places, such as entrances and restrooms.
  • Remove indoor ashtrays.
  • Train employees about the law, including what to say to customers who smoke inside, for example: "In accordance with Fort Collins law, this establishment is smoke-free."

If you or your staff observe someone smoking inside your establishment, ask the person not to smoke indoors. Suggest the person smoke outside and remind them that Fort Collins law prohibits smoking in indoor public and work places. You may provide an area outside of your establishment for smokers as long as it is 20 feet from the entrance, operable windows, passageway and /or your ventilation system. If you have a customer who refuses to comply, you should ask the person to leave your establishment in order to avoid being in violation of the requirement that your establishment be smoke-free. If they refuse, call the Fort Collins Police for assistance.

If smoking is allowed to continue in an establishment or place of employment, including a restaurant or bar, citations may be issued to any number of persons involved, including the business owner, the manager, the operator on duty, and the person smoking. Violation of the City Code is a misdemeanor charge that may result in a monetary fine or other consequences. As with any local ordinance, a violation of the City Code could result in a fine of up to $1,000 per day or up to 180 days in jail. Each day that an establishment, a place of employment, or an individual smoker fails to comply may be considered a separate violation.

All establishments are required to eliminate smoking completely in their place of business or employment (with the exception of limited circumstances highlighted below). Ashtrays must be removed and “no smoking” signs must be posted at every entrance to the business (minimum size is 20 square inches; sign must include international no smoking symbol and be hung between 4-6 feet above the floor).

Smoking may be allowed in patio areas if they are located 20 feet away from entrances, passageways, ventilation systems and operable windows. A 20-foot perimeter around these listed places must be kept smoke-free.

Smoking is allowed in unenclosed public places outside of the smoke-free perimeter, in certain specified public places, and in places that do not constitute a public place or place of employment as defined in the law. Here is a short list of venues in which smoking may be allowed.

  • Private functions (those that are closed to the general public).
  • Up to 25% of guest rooms in hotels/motels (Note: Effective January 1, 2015, 100% of hotel/motel rooms are to be smoke-free). Public areas must be smoke-free.
  • Outdoors, including outdoor places of employment (except within the smoke-free perimeter).
  • Private residences, except those used as care facilities or home businesses that are open to the public.
  • Tobacco retail stores. Restrictions apply, for questions call Neighborhood Services at 970-224-6046.

The code requires all ashtrays and other smoking paraphernalia to be removed from any area where smoking is prohibited. Therefore, since smoking is prohibited 20 feet from any entrance, passageway, operable window or ventilation system the ashtrays must not be located for people to congregate and smoke within that 20 foot perimeter.

If the auto shop bay area is enclosed then the bay area must be smoke free. Enclosed is defined as all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (including large garage doors) that extend from floor to ceiling. An open door or window does not make an otherwise enclosed area “unenclosed.”

Yes the code applies to all liquor stores.

All places of employment are required to be smoke free under the law. A place of employment is defined as any area under the control of a public or private employer that employees normally frequent or use during the course of employment. Therefore, regardless of whether the business allows public access to the work areas, the employer must provide a smoke free work place for the employees, including vehicles that are normally frequented or used in the course of employment.

If your home-based business has employees or you receive clients or the public in that business, then your home-based business must become smoke-free.

As long as there is no outside access to your office and the no smoking signs on the building are at every entrance, you are not required to post a sign on your office door.

History#

City Council formally approved additional smoking restrictions at their February 17, 2015 meeting. The restrictions banned smoking for the following areas:

  • Expanded downtown area, including Old Town Square
    (in effect as of January 1, 2016)
  • All City owned or operated facilities and their grounds
    (in effect as of September 1, 2015)
  • All City parks, trails, and natural areas
    (in effect as of September 1, 2015)
  • Most City-approved events and festivals
    (in effect as of as of 2016 event season)