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HomeMy WebLinkAboutordinance.council.005-79RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE ADOPTING PROHIBITIONS AGAINST SMOKING IN CERTAIN PUBLIC AREAS AND PLACES WHEREAS, the General Assembly, with adoption of S.~. 137, did authorize local municipal governments to regulate smoking by the adoption of local regulations pertaining thereto, and WHEREAS, the City Council wishes to adopt such regulations and simultaneously provide for certain penalties so as to make them effective, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Legislative Declaration. The City Council 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 places. Section 2. Definitions. (a) "Public meeting" means any meeting required to be open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S. 1973, or Article 9 of Title 29, C.R.S. 1973. (b) "Public place" means any enclosed, indoor area or conveyance owned by the City of Aspen and occupied or used by the general public. (c) "Smoking" means the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind and includes lighting of a pipe, cigar, or cigarette of any kind. Section 3. Smoking Prohibited. (a) Except as otherwise provided herein, smoking is prohibited in all public places. (b) Smoking is prohibited in all public meetings. (c) The City Manager is authorized to post, at his discretion, signs authorizing or permitting smoking RECORD OF PROCEEDINGS Section 4. Penalties. Any person who violates any provision of this regulation shall be, for each offense, punished by a fine not less than Five ($5.00) Dollars nor greater than One Hundred ($100.00) Dollars. Each day of any violation of this regulation shall constitute a separate offense. Section 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without Se invalid provision or application, and to this end Se provisions of this ordinance are declared to be severable. Section 6. Public hearing. A p~lic hearing on the ordinance shall be held on ~ /~ , 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Se City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the c~ day of ATTEST: ~athryn S~/~och ~ City Cler~ FINALLY adopted, passed and approved on the day of ATTE S T: S't~cy~%andley III May°r/ ~ RECORD OF PROCEEDINGS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~~~ ~ , 1979,__ and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ / 197~ and was finally and approved at a regular meeting of the City Council on ~/~/~-/~ , 197._~, and ordered published as Ordinance No. ~ , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado, day of ~ , 19'~ .__ set my hand anrJ this __~!~2~ SEAL