Ordinance #4501 went into effect on May 13, 2015. It is intended to protect the health, welfare and safety of Arvada’s citizens by limiting exposure to secondhand aerosols produced by ESDs. The ordinance extends the City’s existing smoke-free protections to include outdoor public transit waiting areas and includes prohibiting the use of electronic smoking devices where smoking is restricted. ESDs such as e-cigarettes and vaporizers are used to inhale a variety of substances, including nicotine and marijuana.
The ordinance requires that use of electronic smoking devices in public places be prohibited, just as it is for cigarette, pipe and cigar smoking. The intention of this ordinance is to protect public health, not to criminalize smoking or use of electronic smoking devices; however, use in a prohibited area could result in a citation and possible fine. Fines range from $200 for a first offense, to $500 for a third or subsequent offense.
Overview of the Ordinance:
Where is smoking prohibited? It is illegal to smoke or vape in the following areas:
- Within 25 feet of the public entrances to buildings and facilities;
- Upon our parks, trails, and golf courses;
- In all restaurants, taverns, theaters, and outdoor customer seating areas;
- In all educational facilities, libraries, child care centers, hospitals, health care facilities and institutions;
- In all auditoriums, arenas, and assembly or meeting rooms;
- In all means of public transportation including taxicabs, limousines not under private hire, government owned buses, vans, and trains, and upon public transit platforms, waiting areas, and stations;
- In all governmental buildings, and in all financial institutions, office buildings, restrooms, and elevators; and
- In any sports arena, including all indoor and outdoor sports pavilions, athletic fields, gymnasiums, swimming pools, skating rinks, bowling alleys, and other similar places;
- In all retail establishments, including smoking businesses;*
- All hotel and motel rooms**.
* Exception: An adult is permitted to use an ESD in a smoking business that also meets the requirements for a “specialty vapor store.” No one under the age of 18 is allowed in such businesses.
** By State law effective July 1, 2019.