TC Res. No. 2005-35 SUPPORTING THE EAGLE COUNTY NOVEMBER BALLOT ISSUETOWN OF AVON, COLORADO
RESOLUTION NO. 05-35
Series of 2005
A RESOLUTION SUPPORTING THE EAGLE COUNTY NOVEMBER BALLOT ISSUE
PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES, INCLUDING BARS
AND RESTAURANTS
WHEREAS, numerous scientific studies have found that tobacco smoke is a major contributor to
indoor air pollution and that breathing secondhand smoke is a cause of disease, including lung
cancer, in nonsmokers. 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;
WHEREAS, secondhand smoke has been classified as a class A carcinogen, along with other
known hazards such as asbestos by the environmental protection agency;
WHEREAS, there is no safe exposure to second hand smoke and exposure to air pollution
caused by smoking is an offensive annoyance and irritant and causes serious and significant
physical discomfort of nonsmokers in public places;
WHEREAS, the Board of Eagle County Commissioners (BOCC) voted to place before the
registered and qualified electors of Eagle County the question-of whether Eagle County electors
are in favor of elected officials adopting regulations prohibiting smoking in all enclosed public
places, including restaurants and bars, in Eagle County, Colorado;
WHEREAS, the BOCC voted the following question, or one similar, will be placed on the ballot:
REGARDING PROHIBITING SMOKING IN PUBLIC PLACES
ARE YOU IN FAVOR OF ELECTED OFFICIALS ADOPTING REGULATIONS
PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES, INCLUDING
RESTAURANTS AND BARS, IN EAGLE COUNTY, COLORADO?
WHEREAS, such vote will take place November 8, 2005 and if the majority of electors vote in
the affirmative, such legislation would only apply to unincorporated areas of Eagle County and
not the town of Avon;
WHEREAS, the Avon Town Council members make it known that they fully support the BOCC
decision to place this question on the ballot and urge all registered and qualified electors to vote
on the measure to prohibit smoking in all enclosed public places, including bars and restaurants;
WHEREAS, the Avon Town Council members make it known that they will enact similar
legislation in the incorporated town of Avon based upon two conditions:
1. If, on November 8, 2005, the majority of electors vote in the affirmative regarding
prohibiting smoking in public places
2. If, on November 8, 2005, the majority of electors in the Avon precinct vote in the
affirmative
AND WHEREAS, pursuant to section 4.9 of the Avon Charter, the Avon Town Council is
authorized to adopt an ordinance regulating smoking the Town of Avon, Colorado
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON COLORADO, that the Avon Town Council supports the Eagle County ballot question
prohibiting smoking in public places and in order to protect the public health, safety and welfare
of Avon residents and guests, and provide them the opportunity to breathe clean air, similar
legislation will be enacted in Avon upon the success of Eagle County's ballot question and the
majority of Avon electors in favor.
Adopted this 26 h day of September, 2005
TOWN COUNCIL
TOWN OF AVON COLORADO
Ronald C. Wolfe, Mayor
Attest:
3
Resolution No. 05-35 Smoking Ban Final
Page 2 of 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacquie Halbumt, Assistant Town Manager
Date: September 22, 2005
Re: Smoke-Free Avon
Summary: Staff was asked to prepare a resolution supporting Eagle County's November ballot
issue regarding smoking in public places, bars and restaurants. The resolution also states that if Eagle
County's ballot issue passes and the majority vote in the Avon precinct is in favor of the ban, Avon
will enact similar legislation.
To be in sync with Eagle County, such an ordinance would be crafted after a successful election and
dovetailed with the county's efforts.
Background: The EC ballot issue will only affect unincorporated areas, so Avon must take
steps independent of the November vote to enact this legislation.
Discussion: As of today, our website indicates out of 610 responses, 442 or 72.46%
indicated "Yes" Avon should enact legislation to prohibit smoking in bars and restaurants, while 168
or 27.54 % indicated "No." These percentages have remained consistent over the last several months
it has been posted.
Town Manager Comments:
Attachment A: Resolution 05-35
TOWN OF AVON'
RESOLUTION NO.-05-35
Series of 2005
A RESOLUTION SUPPORTING THE EAGLE COUNTY NOVEMBER BALLOT
ISSUE PROHIBITING. SMOKING IN 'ALL ENCLOSED PUBLIC PLACES,
INCLUDING BARS AND RESTAURANTS
WHEREAS, numerous scientific- studies have found that tobacco -smoke is a major
contributor to indoor air pollution and.Ahat breathing secondhand smoke is a- cause of
disease, including lung cancer, ~in nonsmokers. 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;
WHEREAS, secondhand' smoke has been classified as a class A carcinogen, along with
other known hazards such as asbestos by the environmental protection agency;
WHEREAS, there is no safe exposure to second hand smoke and exposure to air
pollution caused by smoking is an offensive annoyance and irritant and causes serious
and significant physical discomfort of nonsmokers in public places;
WHEREAS, the Board of Eagle County Commissioners (BOCC) voted to place before
the registered and qualified electors of Eagle County the question of whether Eagle
County electors are in favor of elected officials adopting regulations prohibiting smoking
in all enclosed public places, including restaurants and bars, in Eagle County, Colorado;
WHEREAS, the BOCC voted the following question, or one similar, will be placed on
the ballot:
REGARDING PROHIBITING SMOKING IN PUBLIC PLACES
ARE YOU IN FAVOR OF ELECTED OFFICIALS ADOPTING REGULATIONS
PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES, INCLUDING
RESTAURANTS AND BARS, IN EAGLE COUNTY, COLORADO?
WHEREAS, such vote will take place November 8, 2005 and if the majority of electors
vote in the affirmative, such legislation would only apply to unincorporated areas of
Eagle County and not the town of Avon;
WHEREAS, the Avon Town Council members make it known that they fully support the
BOCC decision to place this question on the ballot and urge all registered and qualified
electors to vote affirmatively to -prohibit smoking in all enclosed public places, including
bars and restaurants;
WHEREAS, the Avon Town Council members make it known that they will enact
similar legislation in the incorporated town,of Avon based upon two conditions:
1. If, on November 8, 2005, the majority of electors vote in the affirmative regarding
prohibiting smoking in public places
2. If, on November 8, 2005, the majority of electors in the Avon precinct vote in the
affirmative
AND WHEREAS, pursuant to section 4.9 of the Avon Charter, the Avon Town Council
is authorized to adopt an ordinance regulating smoking the Town of Avon, Colorado
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON COLORADO, that the Avon Town Council supports the Eagle County ballot
question prohibiting smoking in public places and in ,order, to protect-the public, health,
safety and welfare of Avon residents and 'guests, and provide them the opportunity to
breathe clean air, similar legislation, will be enacted -in Avon upon the success of Eagle .
County's ballot question and the majority of Avon electors in favor.
Adopted this 26"' day. of September, 2005
TOWN COUNCIL
TOWN OF AVON COLORADO
Ronald C. Wolfe, Mayor
Attest:
Patty McKenny, Town Clerk