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REQUEST FOR COUNCIL ACTION
ORDINANCE: O-2009-36
SUBJECT: Repeal and Reenact Chapter 9.38 of the Lakewood Municipal Code pertaining to Smoking in Public Places.
RECOMMENDATION: Mayor and City Council approve the proposed ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
During the 2006 legislative session, House Bill 06-1175, the Colorado Clean Indoor Air Act, was passed and became effective on July 1, 2006. This comprehensive statewide law prohibits smoking in most public places and workplaces, including restaurants, bars, bowling alleys, and bingo parlors. Restaurants and bars can no longer have designated smoking sections, and must be totally smoke-free. The Lakewood Municipal Code provisions found in Chapter 9.38, Smoking in Public Places, are in conflict with this state law and are no longer being enforced by the Police Department or Code Enforcement. The proposed Ordinance would repeal and reenact Chapter 9.38 and adopt smoking restrictions that are in line with those found in the Colorado Clean Indoor Air Act.
Adoption of this Ordinance would allow police agents and code enforcement officers to issue citations in municipal court for the same conduct that violates the state Clean Indoor Air Act, but would not impose any stricter limitations than those found in the state law.
DATE OF FIRST READING: July 27, 2009
DATE OF SECOND READING: August 10, 2009
ORIGINATED BY: Police Department
STAFF PERSON RESPONSIBLE: Janet Young, Deputy City Attorney, 303-987-7102
DOCUMENT(S) ATTACHED: Ordinance O-2009-36
SUBMITTED BY:
Kevin Paletta, Chief of Police
REVIEWED BY:
Joni Inman, Director, Mayor and City Manager’s Office
Michael J. Rock, City Manager
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