HomeMy WebLinkAboutordinance.council.04-25ORDINANCE #04
SERIES OF 2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
REPEALING CHAPTER 13.16 SMOKING IN PUBLIC PLACES OF THE CITY OF
ASPEN MUNICIPAL CODE ENTITLED THE "CITY OF ASPEN CLEAN INDOOR AIR
ACT" AND REPLACING IT WITH A NEW CHAPTER 13.16 ENTITLED THE "CITY
OF ASPEN CLEAN AIR ACT"
WHEREAS, in 1985, Aspen became one of the first municipalities in Colorado to
prohibit smoking in public places with the passage of a smoking ordinance; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard. In
2006, the U.S. surgeon general concluded that there is no risk -free level of exposure to
secondhand smoke; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and
exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the
following:
• Levels of secondhand smoke exposure outdoors can reach levels recognized as
hazardous, depending on direction and amount of wind, number and proximity of
smokers, and enclosures like walls or roofs; and
• Smoking cigarettes near building entryways can increase air pollution levels by more
than two times background levels, with maximum levels reaching the "hazardous" range
on the United States EPXs Air Quality Index; and
• To be completely free from exposure to secondhand smoke in outdoor places, a person
may have to move 25 feet away from the source of the smoke, about the width of a two-
lane road; and
WHEREAS, Electronic Smoking Device (ESD) aerosol is not harmless water vapor as it
contains varying concentrations of particles and chemicals with some studies finding particle
sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;
and
WHEREAS, evidence supports that exposure to electronic smoking device aerosol,
including secondhand exposure, has immediate impacts on the human respiratory and
cardiovascular systems, and poses a risk to human health; and
WHEREAS, to reduce the risk of smoke -related health problems in Colorado, the Colorado
General Assembly passed legislation in 2006 known and cited as the "Colorado Clean Indoor Air
Act" ("the Act") which prohibited smoking in indoor areas throughout the state; and
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City of Aspen Clean Air Act
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WHEREAS, the General Assembly amended the Act in 2013 and again in 2019 to prohibit
marijuana smoking and the use of electronic smoking devices; and
WHEREAS, pursuant to the Act, local governments may enact and enforce smoking
regulations that cover the same subject matter as the Act that are as stringent as or more stringent
than the Act; and
WHEREAS, this Ordinance is intended to amend the City of Aspen Clean Indoor Air Act to
align with state law and expand prohibitions on smoking, including marijuana smoking and
smoking produced by an electronic smoking devices, in indoor spaces and public spaces so as to
reduce the risk of smoke -related health problems in the City of Aspen; and
WHEREAS, the City Council has determined that the health, safety and welfare of the
citizens, residents, and visitors of the City of Aspen will be served by this Ordinance, which
expands prohibitions on smoking in indoor and outdoor public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
. e.tian 1
Section 13.16.010 through and including Section 13.16.100 of Chapter 13.16 of the City of Aspen
Municipal Code shall be repealed and replaced in its entirety as follows:
13.16.010. - Short Title.
This Chapter shall be known as and it may be cited as the "City of Aspen Clean Air Act."
13.16.020. - Purpose.
The intent of this Chapter is to protect health, safety and welfare by prohibiting smoking, vaping
and the use of other tobacco products in designated public places, including outdoor and indoor
public spaces, and places of employment.
13.16.030. - Definitions.
The terms in this Chapter have the following meanings unless the context clearly indicates
otherwise.
Auditorium means the part of a public building where an audience gathers to attend a
performance, and includes any corridors, hallways, or lobbies adjacent thereto.
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Business means a sole proprietorship, partnership, joint venture, corporation, or other business
entity, either for -profit or not -for -profit, including retail establishments where goods or services
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City of Aspen Clean Air Act
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are sold; professional corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered; and private clubs.
Cigar -tobacco bar means a bar as defined in 25-14-203(4) C.R.S., that in the calendar year
ending December 31, 2005, generated at least five percent or more of its total annual gross
income or fifty thousand dollars in annual sales from the on -site sale of tobacco products and the
rental of on -site humidors, not including any sales from vending machines. In any calendar year
after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross
income or fifty thousand dollars in annual sales from the on -site sale of tobacco products and the
rental of on -site humidors shall not be defined as a "cigar -tobacco bar" and shall not thereafter be
included in the definition regardless of sales figures.
Electronic smoking device or ESD
(a) Means any product, other than a product described in subsection (c) of this definition,
that contains or delivers nicotine, or any other substance intended for human
consumption and that can be used by a person to enable the inhalation of vapor or aerosol
from the product;
(b) Includes any product described in subsection (a) of this definition and any similar
product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor;
(c) Does not include a humidifier or similar device that emits only water vapor.
Employee means any person who:
(a) Performs any type of work for benefit of another in consideration of direct or indirect
wages or profit;
(b) Provides uncompensated work or services to a business or nonprofit entity;
(c) "Employee" includes every person described in paragraph (a) of this definition,
regardless of whether such person is referred to as an employee, contractor, independent
contractor, volunteer or by any other designation or title.
Employer means any person, partnership, association, corporation, business or nonprofit entity
that employs one or more persons. "Employer" includes, without limitation, the legislative,
executive, and judicial branches of state government; any county, city and county, city, or town,
or instrumentality thereof, or any other political subdivision of the state, special district,
authority, commission, or agency; or any other separate corporate instrumentality or unit of state
or local government.
Enclosed Area means closed in by a roof and four (4) walls with appropriate openings for ingress
and egress and is not intended to mean areas commonly described as public lobbies.
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City of Aspen Clean Air Act
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Entryway means the outside of the front or main doorway leading into a building or facility that
is not exempted from this Chapter. Entryway also includes the area of public or private property
within twenty-five feet of the doorway.
Indoor area means any enclosed area or portion thereof of a location open to the public. The
opening of windows or doors, or the temporary removal of wall panels, does not convert an
enclosed area into an unenclosed.
Marijuana shall have the same meaning as in section 16 (2)(f) of article XVIII of the Colorado
State Constitution.
Outdoor Dining Area means any publicly or privately owned unenclosed area, including streets
and sidewalks, that is available to or customarily used by the general public or an employee, and
that is designed, established, or regularly used for consuming food or drink.
Person means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity, including government
agencies.
Place of employment means an area under the control of an employer where an employee or the
general public may enter in the normal course of operations, regardless of the hours of operation,
whether the area is enclosed or unenclosed including work areas and construction sites. A private
residence is not a "place of employment" unless it is used as a childcare, adult day care, or health
care facility.
Private Club means an organization, whether incorporated or not, where the owner, lessee, or
occupant of a building or portion thereof is used exclusively for club purposes at all times,
which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or
athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental
to its operation. The affairs and management of the organization are conducted by a board of
directors, executive committee, or similar body chosen by the members at an annual meeting.
The organization has established bylaws and/or a constitution to govern its activities. The
organization has been granted an exemption from the payment of federal income tax as a club
under 26 U.S.C. Section 501.
Public building means any building owned or operated by:
(a) The state, including the legislative, executive, and judicial branches of state government;
(b) Any, county, city and county, city, or town, or instrumentality thereof, or any other
political subdivision of the state, a special district, an authority, a commission, or an agency;
or
(c) Any other separate corporate instrumentality or unit of state or local government
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City of Aspen Clean Air Act
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Public Event means an event which is open to and may be attended by the general public,
including but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades,
performances, and other exhibitions, regardless of any fee or age requirement.
Public place means any publicly or privately -owned place that is open to the general public,
regardless of any fee or age requirement, including, but not limited to, auditoriums, theaters,
entryways, elevators, plazas, public buildings, public events, public restrooms, shopping areas.
Reasonable Distance means a distance of twenty-five (25) feet from an entryway where smoking
is prohibited.
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Secondhand smoke means the complex mixture formed from the escaping smoke of a burning
tobacco product, also known as "sidestream smoke", and smoke exhaled by the smoker.
Service area means any publicly or privately owned area, including streets and sidewalks, that is
designed to be used or is regularly used by one or more persons to receive a service, wait to
receive a service, or to make a transaction, whether or not such service or transaction includes
the exchange of money. The term "service area" includes, but is not limited to, areas including or
within twenty-five (25) feet of information kiosks, automatic teller machines (ATMs), service
lines, bus stops or shelters, or cab stands.
Smoke means the gases, particles, or vapors released into the air as a result of combustion,
electrical ignition, or vaporization, when the apparent or usual purpose of the combustion,
electrical ignition, or vaporization is human inhalation of the byproducts, except when the
combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation
is solely olfactory, such as, for example, smoke from incense. The term smoke includes, but is
not limited to, tobacco smoke, vapors from an electronic device, and marijuana smoke.
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe or any other lighted or heated tobacco or plant product intended for inhalation, including
marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the
use of an Electronic Smoking Device (ESD).
Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp
cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist
tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and
sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
Ordinance #04, Series of 2025
City of Aspen Clean Air Act
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suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for
smoking.
Tobacco product means:
(a) any product that is made from or derived from tobacco, or that contains nicotine, that
is intended for human consumption or is likely to be consumed, whether inhaled,
absorbed, or ingested by any other means, including but not limited to, a cigarette, a
cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(b) any electronic smoking device and any substances that may be aerosolized or
vaporized by such device, whether or not the substance contains nicotine; or
(c) any component, part, or accessory of subsection (1) or (2) of this definition, whether
or not any of these contains tobacco or nicotine, including but not limited to filters,
rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
Unenclosed area means any area that is not an enclosed area.
Work area means 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.
13.16.040. - Prohibition of smoking and tobacco product use in enclosed areas.
Smoking and the use of Tobacco Products is prohibited in the Enclosed Areas of the following
places within the City of Aspen:
(a) Places of Employment; and
(b) Public Places.
13.16.050. - Prohibition of smoking and tobacco product use in unenclosed areas.
(a) Smoking and the use of Tobacco Products is prohibited in the following Unenclosed
Areas within the City:
(1) Service Areas; and
(2) Outdoor Dining Areas; and
(3) Places of Employment; and
(4) Any outdoor areas of City owned property which has been designated as a
non-smoking area. Such area shall be clearly marked with appropriate no smoking
signage; and
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City of Aspen Clean Air Act
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(5) Other Public Places, when being used for a public event including, but not
limited to, a farmers' market, parade, craft fair, festival, or any other event open
to the general public.
(b) Nothing in this Chapter prohibits any Person, Employer, or nonprofit entity with legal
control over any property from prohibiting Smoking and Tobacco Product use on any
part of such property, even if Smoking or the use of Tobacco Products is not otherwise
prohibited in that area.
13.16.060. - Reasonable smoking distance required.
(a) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance of 25
feet from any entryway into an Enclosed Area where Smoking is prohibited.
(b) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance of 25
feet from any Unenclosed Areas in which Smoking is prohibited by this Chapter.
13.16.070. - Other requirements and prohibitions.
(a) No Person, Employer, or nonprofit entity shall knowingly permit Smoking or the use
of Tobacco Products in an area which is under the legal or de facto control of that Person,
Employer, or Nonprofit Entity and in which Smoking, or the use of Tobacco Products is
prohibited by law.
(b) No Person, Employer, or nonprofit entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as ashtrays or ash cans, within an area
under the legal or de facto control of that Person, Employer, or nonprofit entity and in
which Smoking or the use of Tobacco Products is prohibited by law, including, without
limitation, within a Reasonable Distance required by this Chapter from any area in which
Smoking, or the use of Tobacco Products is prohibited. Notwithstanding the foregoing,
the presence of ash receptacles in violation of this subsection shall not be a defense to a
charge of Smoking or the use of Tobacco Products in violation of any provision of this
Chapter.
(c) No Person, Employer, or nonprofit entity shall intimidate, threaten any reprisal, or
effect any reprisal, for the purpose of retaliating against another Person who seeks to
attain compliance with this Chapter.
(d) Each instance of Smoking or Tobacco Product use in violation of this Chapter shall
constitute a separate violation. For violations other than for Smoking, each day of a
continuing violation of this Chapter shall constitute a separate violation.
13.16.080. - Exemptions.
(a) Notwithstanding any provision to the contrary, nothing in this ordinance shall be
interpreted to restrict or otherwise regulate the use of a drug, device, or combination product
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City of Aspen Clean Air Act
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(b) authorized for sale by the United States Food and Drug Administration, as those terms
are defined in the Federal Food, Drug, and Cosmetic Act.
(c) Cigar -tobacco bar
(d) Retail Marijuana Hospitality and Sales Business pursuant to 44-10-610, C.R.S
13.16.090. - Enforcement.
(a) The City Manager or the City Manager's designee shall be responsible for compliance
with this Chapter with regard to facilities which are owned, operated or leased by the
City.
(b) Any citizen who desires to register a complaint under this Chapter may initiate
enforcement with the City Manager or City Manager's designee.
(c) The City Manager or the City Manager's designee may enforce the provisions of this
Chapter by either of the following actions:
(1) Servicing notice requiring correction of any violation of this Chapter.
(2) Requesting the City Attorney to initiate appropriate enforcement proceedings,
including, without limitation, the initiation of a complaint in Municipal Court or
the institution of injunctive, abatement or other appropriate action to prevent,
enjoin, abate or remove such violation.
(d) Any person convicted of violating any provision of this Chapter shall, upon
conviction, be punished by a fine, up to the maximum amount allowed in Section
1.04.080 of this Code, for each separate offense and may be enjoined from any further or
continued violation thereof. Each day any violation of this Chapter shall continue shall
constitute a separate offense.
(e) Any remedies provided for herein shall be cumulative and not exclusive and shall be
in addition to any other remedies provided by law.
13.16.100. — Penalties and relief.
(a) Any person, upon conviction of a violation of any provision of this Title, shall be
subject to a fine, imprisonment or both a fine and imprisonment, as set forth in Section
1.04.080 of this Code, for each separate offense and may be enjoined from any further or
continued violation hereof. A violation of Chapter 13.16 shall be punishable by a fine
only. Each day any violation of this Title shall continue, shall constitute a separate
offense hereunder.
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City of Aspen Clean Air Act
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(b) In addition to the penalties and relief provided for in Subsection (a) above, any person
found in violation of any provision of Sections 13.04.010 to 13.04.100 of this Title shall
reimburse the City for any expenses incurred in preventing pollution of the municipal
water supplies caused by said person, any expenses incurred in restoring municipal water
supplies to the standards set forth in Section 13.04.020 or any expenses incurred in
improving any intake, treatment facility or other part of the water works, which
improvement is necessitated by the violation found hereunder.
Section 3:
Any scrivener's errors contained in the code amendments approved by this Ordinance, including
but not limited to mislabeled subsections or titles, may be corrected administratively following
adoption of the Ordinance.
Section 4: Effect Upon Existing Litigation:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5: Severability:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 6: Effective Date:
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this Ordinance shall become
effective thirty (3 0) days following final passage.
Section 7: Public Hearing:
A public hearing on this ordinance shall be held on the loth day of June, 2025, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of May 2025.
ATTEST:
It
Nicole Henning, City Cler Rac ael Richards, Mayo
FINALLY, adopted, passed and approved on this 1 Oth day of June 2025.
Ordinance #04, Series of 2025
City of Aspen Clean Air Act
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ATTEST: /
Nicole Henning, City
APPROVED TO AS FORM:
Rachael Richards, Mayor
Ordinance #04, Series of 2025
City of Aspen Clean Air Act
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