The city council finds, determines, and declares that the smoking of tobacco or of
any other plant or weed in certain areas is a form of air pollution that threatens
the health, safety, and welfare of the public. The city council has also determined
that secondhand smoke is a cause of disease, including lung cancer, heart disease,
respiratory infection, and decreased respiratory function and as such there is no
safe level of exposure to secondhand smoke. Furthermore, the city council has determined
that according to the National Institutes of Health ("NIH"), the use of electronic
smoking devices is on the rise. These devices contain and emit a variety of complex
chemical substances. The NIH has stated that the vapor from some electronic smoking
devices has been found to contain known carcinogens and toxic chemicals. The city
council has also determined that there is currently no way of knowing the exact health
effects of repeated exposure to electronic smoking device gases, particles, and vapors
upon those in close proximity to electronic smoking device users. The city council
deems it necessary to prohibit smoking of traditional nicotine products and electronic
smoking devices in common areas, public places, and work places except as otherwise
permitted by this division. The provisions of this division shall not apply to a residential
dwelling unit. This division is intended to enact and adopt smoking regulations that
are to be enforced in the Arvada Municipal Court that generally cover the same subject
matter as the various provisions of the Colorado Clean Indoor Air Act (HB 06-1175,
Part 2 of Article 14, Title 25, C.R.S.), as well as regulating electronic smoking devices.
