HomeMy WebLinkAbout01-089RESOLUTION ESTABLISHING BUTTE COUN'T'Y TOBACCO F.NFORCEMF.NT
PROGRAM PURSUANT TO STATE LAW
WHEREAS, in I992, the Board of Supervisors of the County of Butte adapted Butte
County Code Section l 5-158, designating the Butte County Health Offrcer the responsibility far
administration and enforcement of smoking prohibitions and regulations in enclosed public
places and places of employment; and
WI-IEREAS, Department of Public Health telephone surveys indicate there has been a
recent increase in the County in violations of laws prohibiting smoking in the workplace, perhaps
because of a lack enforcement of tobacco control laws; and
WHEREAS, Department of Public Health telephone surveys indicate that approximately
80% of Butte County residents support mare regulation of tobacco through local policy
development; and
WI-IERCAS, Department of Public I-Iealth compliance surveys indicate that minors still
have access to and buy tobacco products in stores within the County; and
WHEREAS, the Butte County District Attorney and local police chiefs have recently
expressed support far the enforcement of tobacco control laws within Butte County; and
WHEREAS, the Department of Public Health, since 1991, has been addressing
complaints concerning violations of tobacco control laws in Butte County by educating business
owners and the public about tobacco and tobacco laws; and
WHEREAS, the California Department of Health Services recently established a local
tobacco control lave enforcement grant program; and
WHEREAS, the Butte County Department of Public Ilealtl~ has applied to the California
Department of Health Services for a local grant for the administratioi~~ and enforcement of
tobacco control; and
WHEREAS, the Butte County Department of Public Health has received a letter of intent
to award the grant from the California Department of Health Services; and
WHEREAS, the Butte County District Attorney is the chief law enforcement officer
within the County and, as such, is responsible for the prosecution of violations of penal law
within the County; and
WHEREAS, the California Department of I-Iealth Services has informed the Butte
County Department of Public Health that it must obtain and show proof of the District
Attorney's designation of it as a Butte County tobacco control law enforcement agency by
August 3l, 2001, in order to qualify for a local enforcement grant; and
WHEREAS, the Legislature, through the enactment of Labor Code Section 6404.5, has
authorized local governing bodies to establish local tobacco control law enforcement programs;
and
WHEREAS, the Department of Public I-Iealth and the District Attorney have recently
entered into the Statement of Understanding attached to this Resolution, which, contingent on the
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approval of this Board, establishes and defines a partnership between the two agencies for the
purpose of administering and enforcing tobacco control laws.
NOW, THEREFORE, BE IT RESOLVED, that:
Tobacco control laws shall be administered and enforced in Butte Cow~ty by the Butte
County Department of Public Health and the Butte County District Attorney, pursuant to the
Statement of Understanding executed by those agencies and attached to this Resolution.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 28th day of August 2001 by the following votes;
AYF,S: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
Ctti-t Josiassen, Chair
Butte County Board of Supervisors
ATTESTED:
JOHN BLACKI,OCK
Chief Administrative Officer
and the Clerk of the Board
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Statement of Understanding
between
Butte County Department of Public Health
and
Butte County District Attorney
I Purpose
The purpose of this statement of understanding is to establish and define a partnership
between Butte County Department of Public Health and the Butte County District
Attorney for the purpose of administering and enforcing tobacco control laws.
II Local Government Approval Required for Shared
Enforcement Responsibilities
In 1992, the Board of Supervisors of the County of Butte adopted Butte County Code
Section 15-158, designating the Butte County Health Officer the responsibility for
administration and enforcement of smoking prohibitions and regulations in enclosed
public places and places of employment. State law now provides local health
departments and district attorneys enforcement authority over all state and local tobacco
laws, subject to local government approval. The Butte County Department of Public
Health and the Butte County District Attorney have sought the approval of the Board of
Supervisors of the County of Butte, in order to establish a tobacco law enforcement
partnership. Contingent on the Board's approval, the Butte County Department of
Public Health and Butte County District Attorney's office will share the responsibility far
enforcing all tobacco law violations in both the incorporated and the unincorporated areas
of Butte County.
III Areas of Agreement and Cooperation
The Butte County Department of Public Health will assume responsibility for
management and tracking of tobacco violation complaints, and educate and cite violators
of state and local tobacco laws. The Butte County Health Officer or designee shall also be
available as a witness in any tobacco citation or violation matter that shall be challenged
in court. The Butte County Health Officer shall designate an appropriately trained
individual, qualified to carry out the enforcement of State and local laws, to serve as a
compliance officer. The Butte County Department of Public Health shall provide the
compliance officer with on-going education) enforcement training in State and local
tobacco laws and supervise said compliance officer. The compliance officer will
cooperate and coordinate with other law enforcement agencies within Butte County. The
compliance officer will provide assistance to local law enforcement agencies as a witness
to violations of tobacco laws. The compliance officer will also seek cooperation from
local enforcement agencies promptly, if assistance is needed. The compliance officer will
be radio equipped in order to call for prompt assistance, if assistance is needed.
The Butte County District Attorney will provide the compliance officer with limited
initial and ongoing training in case management, enforcement procedures and evidence
gathering. If a tobacco citation is contested in court and the defendant is represented by
counsel or if a particular tobacco enforcement citation becomes the subject of extended
media coverage, upon request by the Butte County Department of Public Health
Department of Public Health, the District Attorney shall also prosecute the citation in
court. The Butte County District Attorney will also provide consultation to the
compliance officer and to Butte County Department of Public Health.
IV. Signatures
Authorized By:
Gary ~ou~e, Director, Butte County Department of Public Health
A. Lundberg M.D., Health Officer,
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