[bouldercouncilhotline] Hotline: "Public Area" - Not a defined term in the No Smoking Ordinance No. 8015--Item 5B

[cmosupport at bouldercolorado.gov]

Sender: Cowles, Macon

This question is directed to the CAO:


The operative language of 8015 begins, at p. 125 Line19: 
"No person shall smoke in a public area,” and then Parks, Open Space, the library and some other locations are mentioned.


“Public” is a defined term in 8015, but “Public Area” is not. I can use the defined term “public” to figure out what “public area” means, but then it is clear that smoking downtown within the BID WILL be permitted in any building setback within the defined area, since that area is not "city owned; city maintained; [or] city owned and leased to others.” See p. 124, lines 4-6.


This ambiguity does not exist with respect to any location where the smoking ban is in effect except for downtown. Wouldn’t it be better to change the operative language  at p. 125 Line19 so that it reads as follows "No person shall smoke in ”ANY OF THE FOLLOWING PLACES?”


Thanks very much for considering this.

Macon Cowles
Boulder City Council Member
1726 Mapleton Ave.
Boulder, Colorado 80304
CowlesM at bouldercolorado.gov
(303) 447-3062
(303) 638-6884