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Ordxnance No . 2581
AN ORDYNANCE ADDTNG ARTICLE V TO
CHAPTER 15 OF THE BUTTE COUNTY CODE
RELATI~E T~ SMOKING IN PUBLIC PLACES
The Board o~ Superva.sors o~ the County o~ Butte, Sta~e
of Cali~ornia, DO ORDAIN, as fo].3.aws:
Section 1, That Article V a.s hereby added to Chap~er ~
15 of the Butt~ County Code ~o read ~,s ~ol~ows:
ARTICLE V
~
PROTECT~ON OF AN IND~VIDUAL'S RIGHT TD BREATHE
FRESH AIR THR4UGH REGULAT~ON OF SMOKING TN
DESTGNATED ENCLOSED PUBLTC PLACES AND WORSPLACES
§1.5-15d. Pur ose and Findings,
The Board of Superva.sors o~ the Coun~y o~
Butte does hereby ~ind ~hat:
(1) Numerous s~udies have ~ound tha~ tobacco smoke is a major
contributor to indoor air po~lution; and
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( 2) Re].iable studies have shoovn tha~ breathi.ng sidestream or
secondhand smok~ is a s~gni~icant hea~.th hazard for certain
popul~.tion groups, ~.ncluding elder~.y peopI.e. •Individt~als
with cardiovascular dis~ase, ~.nd individuals with i.mpair~d
respiratory function, imcluding ast~ma~ics and those with
obstructive airway disease; and
(3} Health ~azards induced by breathi.ng sidestream or secondhand :
smoke znc~.ude lung cancer, respiratory in~ecti.on, decreased
exercise taleramce, decreased respiratary ~~znctioaa, broncho-~;'
constricta.on, and bronchospasm; and
(4) Nonsmokers with allergies, respiratary diseases and those
who su~fer o~her i17. e~~ec~s o~ breathing sidestream or
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secandhand smoke may experience a loss o~ job productivz~y
or may be forced ~o take periodic sick leave because af
adverse reactions to same; and
(5} The smoking of ~obacco, or any other weed or p~an~, is a
prov~n danger to hea~.th.
According~.y, it has been determined that the
heal.th, safety and genera~ we~~are o~ the residents of, persons
emp~aped i.n and persans who frequent th~s Coun~y would be
benefi.ted by ~h~ regula~ion o~ smoking in. enc~osed p~.aces,
including pl.aces of e~ployment .
§15-15J.. Definitions.
The ~o].l.owing words a~d phrases, whenever
used in ~his Ordinance, shall. be constru~d as hErea~ter set out,
unless it sha11 be apparent ~rona the contex~ that they h~.ve a
di~~eren~ meaning.
(A) "Bar" means an area which is devoted to ~he servin.g of
alcoholic beverages and in which the service of ~oad is only
zncidenta~ to the consumption o~ such beverages.
(B) °'Employee" means a~y person who i.s emp7.oyed by any employer
in consideration ~or dir~ct or indi.rec~ m.anetary wag~s or
pro~i~.
(C) "Employert' means any person, partmership, carpora~ion,
incZud~.ng municipal corporation, who emp~.oys the services of
more ~han ~our (4) persons.
(D) T'Enclos~d" means clased in by roof and ~our wal~.s w'ith
appropri.a~e openings or ingress and egress.
(E ) "P~ace a~ Emplopmentt' mea.ns any enclosed ar~a, under tb.e
cont~o3. of a public or priva~e employer ~vhich employees
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norma~~y ~requent d~ring the course af emplopme~~, incXuding
but not limited to, work areas, employe~ ~ounges, conference
rooms, and employee cafe~er~as. A private residence is not
a place o~ emp~oyment, unless said residence is used as a
chi~d care a~ a hea~th care faczlity.
I(F) °'Private Functkon" means any ~unc~ion ~o which the general
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public is not invited.
(G) "Res~aurant" means any establishmen~ or portion o~ an
es~ab~.ishment, other than a bar, which is open to and used
by the gen.er~.l pub~ic and which is devo~ted to ~he service o~
~oad and/ar bev~rages.
(H) "Bowiing Center" means any establishment whose primary
business is bowZing.
(I) "Smoking" means ~h~ carrying or holding of a lighted
cigar~tte, cigar, pipe, or other similar smoking device o~
equipmen~, or emitting or exhaling ~he smoke o~ a cigaret~e,
c~gar, p~pe, or othe~ similar smoking device or equipment.
§I.5-152. ReguZation o~ ~mokin~ a.n Count Owned
Faca.li~ies.
A~I enclosed ~acila.t%es owned by the County
of Bu~te shaJ.l be subject to ~he p~ovisions of this article.
§15-1.53. Prohibi~ion o~ Smoking in Enclosed Places.
Smoking shal7. be prohibited i.n ~he ~ollowing
' pZaces within the County o~ Bu~te.
{A) AIZ enclosed areas av~.i~able to and customariJ.y used by the
genera3. public and ~.~.7. businesses patronized by the public ,
including, but not limited to, xetai3. stores, ho~e~s and
motels, pharmac~es, ba.nks, attorneys' o~~ices and other
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office,s.
Wi.thin a~.l resta~rants having ~. s~ating capacity o~ 20 or
more persons; provided, hawever, ~hat ~his prohibition does
not prevea~t (Y) the desi~nata.on of a contiguous area withi.n
the restaurant that contains no more ~han 90% o~ the seating
capacity o~ ~he restaurant as a smoking area, or (2) the
provision o~ separate rooms desi.gnated as smoking rooms, so
~ong as said rooms do not con~ain more ~than 903'0 of the
seating capacity o~ the res~auran~t.
(C) Wath~.n all bowl~.ng centers, as descr~.bed in §15-156 (A).
(D ) Wai~ ing roorns , hal.lw~.ys , wards , and semi-private ~rooms o~
health facili.ties, inc~.uding, but not 1.imited to, hosp~~als,
clinics, physical. therapy ~acili~ies, doc~orsf o~fic~s and
den~ists' o~fices, except that heal~h ~aci.liti~s shall a1.so
be subject to ~he provisions of Sec~ion ]..5 af this
Ordinance regu~.ata.ng smok~.~ag in pJ.aces of employment .
{E) Elevatars, public restrooms, i~adoor service lines, buses,
ta~i.cabs and other m~ans o~ pub~.ic transit under the
~,utho~r~.ty of the Countp, and in ticket, boarding, and
wai~in~ areas o~ pub].ic transit depats; provided, however
that his prohibi.txon does no~ prevent (1) the establishz~en-~
of separate waiting areas for smokers and nonsmokers, or (2)
~he establishment o~ at least 50qo o~ a given waiting area as
a non.smoking area.
(F) ~n public areas of museums, ga~.~eries,
(G) Any por~ian of a theater, auditorium, or ha~.l. which is open
to and used by the general public; except that tb.is
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1 prohibition shal~ not prec~ude (1) tha des~gnation of a
2 smoking area in the lobby of a~h~ater, auditorium or hall,
3 or (2) smaking which is included as part of a play or~ oth~r
4 production being per~ormed at a theater, auditorium or ha~l.
5 (H) Re~a~~ food marketi~g establishments, including grocery
6 ~ stores and supermarkets, excep~ those areas o~ such
7 establishments set aside for the`serv~ng of ~ood and drink,
S r~strooms amd o~fices, and a~eas thereo~ no~ open to the
~ public, which may be otherw3se r~gula~ed by this ordznance.
10 {I) Any portion a~ a building owned and/or operated by a public
~~ agency or entity which is open to and used by ~he genera~
12 public and is subject to ~he jurisdict~on of ~he county;
13 except that this prohibition sha~~ no~ preclude the
14 designatian a~ a smoking area in ~he lobby of a public
15 bu~~ding.
lfi (J) Notw~ths~and~ng any o~her provis~on a~ this section, any
i7 o~ner, op~rator, manager or o~h~r person who cantro~s any
18 establishmen~ described in this sec~ian may declar~ that
19 antire ~s~ab~ishment as a nonsmoking establishment.
20 §X5~154. Regulat~on o~ Smoking ~n Restaurants.
21 (A} The operato~ o~ any restaurant havxng a seating capacity in
22 excess o~ 20 sea~s shall designate ome area o~ the
~3 res~a~ramt which con~ains at ~eas~ ten percent {lOqo) of ~ts
?4 tota~ seating capac~~y as a nonsmoking area, but restaurant
2~ aperatars shall no~ be required to i~cur any expense ~o make
~fi struct~ra~ or other physical mod~~ications in providing such
27 areas. .
2~ (B) Ever~ restaurant required to provide a nonsmok~ng area
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~ pursuant to ~he provisxons a~ th~s section shall have posted
2 at its entrance a sign clear~y sta~ing ~hat a~onsmoking
3 area is available, and every patron of a restaurant having a
4 ~onsmokzng area sha~l be asked whether he or she desires to
5 be seated ~n a smoking or a nonsmoking area a~ anyti~e the
6 restauran~ has a hostess ar maitre d' on duty.
7 §15-155. Regu~ation of Smoking in Places o~
g Emp~ayment.
9{A) ~~ sha~l be ~he responsibi~ity of employ~rs to provide
10 smoke-~ree areas for nonsmokers wzthin exis~ing ~acilities
11 ~o the maximum extent possib~e, b~~ emplo~ers ar~ not
12 requ~red to incur any expens~ to mak~ struct~ral or o~her
13 physical ~od~~ica~ions in pxoviding these areas.
14 (B} Wi~hin 90 days of ~he e~~ective date of ~his Ordinance, each
15 employer and each p~ace o~ employm~nt ~ocated w~thin the
16 County shalZ adopt, ~mplement, make knawn amd mainta~n a
17 writte~ smoking po~icy, which shall con~ain at a minimum the
18 ~ollowing requzrements:
19 (1} Prohibition of smoking in con~erence and meeting rooms,
20 classrooms, aud~~oriums, res~rooms, medica~ f acilities,
21 haZlways, and elevators.
22 {2) Any emplayee ~~ a place of employment sha11 be given
23 the right to designate his or hex immediate work area
24 as a nonsmoking area and ~o post the same with an
25 appropria~e sign or signs, to be provided by the
26 e~play~r. The po~~cy adopted by the emp~oyer shall
27 include a r~asonable defin3tion of the ~erm "im3nediate
2~ work area" .
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1 (a) In any dispute arising under ~his smoking po~icy,
2 ~ the righ~s o~ the nonsmoker sha11 be given
3 precedence.
4 (b) Provisian and maintenance of a separate and
5 contiguous nonsmoking area o~ not less than 50~ of
6 seating capacxty and ~loar space ~n ca~eterias,
7 ~~nchrooms and employee Iaumges.
~ (c) The smoking policy shall be communicated to all
9 emp~oyees wi~hin three weeks o~ its adopt~on, and
10 a~ least annually thereaf~er.
11 (d) Notw~thstandxng ~he provisions of Subsec~ion {a)
12 of this section, every E~ployer shal~ have ~he
I3 r~ght ta designate any place of employment, or
14 portion ~hereo~, as a nansmoking area.
15 §15-156. Regula~ion of Smokxn in Bowlin Centers
1B Recognizing the diverse ~ature of ~he
~7 ~acil~ties and ~unctions provided by a bowling cen~er, the
18 fol~owing provisions shall apply:
19 (A) The bowlersT area {including the approach area,
2~ par~icipants' seating area, and scorekeeperst ~ab1e) shall
2~ be designated as a nonsmoking area.
22 (B) The specta~ors' area and entryways shall be d~szgnated as
~3 smoking areas.
24 (C) Other areas of the facil~ty shall comply with the
25 appropria~e designat~ons as sta~ed herein. For example:
2F Bars wi~l be smokxng areas; restrooms, mee~ing rooms, re~ail
27 shops wil~ be nons~oking areas; a~d r~staurant areas,
2~ bzllia~d and game rooms and o~her areas shall have no mor~
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~ than 9a~ of the f~oor space as smoking areas.
2 §15-157. Smaking - ~ t~onal Areas.
3 Notwi~hstanding any other provisions o~ ~his
4 Ordinance to the contrary, the ~ollowing areas sha1~ not be
5 subject to the smoking restr~ctions of ~his artic~e:
6 (a) Private residences, unless sazd residencE us used
7 as a ch~id care or a health care ~acility;
8 (b) Bars;
9 (c} Ho~el and ~otel rooms rented ta guests;
10 (d) Retail stores ~hat deal exclusive~y in the sale o~
11 tobacco a~d smok~ng paraphernalia;
12 (e) R~staurants, hote~ and motel con~erence ar meeting
X3 rooms, and public and private assembly rooms while
14 these p~aces are being used ~ar private funct~ons.
15 (f) A private enclosed p~ace occupied exclusive~p by
16 smokers, even though such a place may be v~s~ted
17 by nonsmoke~s, and priva~e enc~osed o~~ices,
18 excepting places in which smoking is proh~bited by
19 ~he Fire Departmen~ or by any other law, ord~nance
2~ or regulation.
~1 §~5-~58. Posting Requiremen~s.
22 "Smokxng" or "No Smoking" signs, whichever ~
~3 are appropri.a~e, wi.th letters o~ no~ less than ].s ~n height ar
9i~ ~he International "No Smaking" spmbol (consxsting o~ a pictoria7,
25 repr~sentation o~ a burni.ng cigarette enclosed ~.n a red circle
2~ not less ~than 4" 1A diameter with a red bar across .i~), sha1J. be
27 clearly, suffici.ently and conspxcuously posted in every bua.~ding
2~ or other p3.ace where smoking is cont~olled by this article, b~
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the owner, oper~tor, manager or o~her person having cont~o~ af
s~ch b~ilding or other p~ace.
Every restaurant regu~at~d by this Ordinance
wi11 have posted at i~s entrance a sign clearly sta~ing ~hat a
nonsmoki~g section is available, and every patron sha~l be asked
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as to his or h~r pre~erence.
§1~-159. Administration and Im ~ementation.
(A} Ad~inzstratxon of this Ordinance shall be by the B~tte
County Health Departmen~ and/or i~s designees.
(B) Any citi2en who desires ta register a complaint hereunder
may request the Butte County Health Department ar its
designees to cansider en~orcement. The Hea~~n u=zicer
and/or his designee, may, at h~s sole discretion, take any
o~ the fo~Iowzng actxons:
(X) Servzng notzce requiring the correction of any
violat~on o~ ~his Ar~icle;
(2) Calling upon the District A~torney ~o maintain an
act~on ~or injunctian to enforce the provisions of
this Artic~e, to cause the correction of any such
v~olation, and for assessmen~ and recovery o~ the
penalty ~or such v~olation.
(C) Any owner, manager, operator or emp~oyer o~ any
establishment controlled by this Article sha11 have the
r~gh~ to inform persons violatYng this Art~cle of the
appropriate provis~ons ther~o~.
{D) The Fire Department or the Health Department shall require,
while an es~ablishmen~ is undergoing o~herw~se mandated
inspec~ions, a"self certi~ication" from ~he owner, manager,
.~g~.
1 operator or other person having cantral o~ such
2 es~ab~ishment that al~ requirements of thas chapter have
3 been complied wi~h.
4 (E) No l~abi~ity for non~enforcement. In undertaking the
5 enforcement o~ this Ordinance, the County of Bu~te is
6 assuming an undertak~ng only to pro~ate the genera~ wel~are.
7 I~ is not assum~ng, nor is it imposzng on i~s o~f~cers and
8 emplayees, an ob~iga~ion for breach o~ which it is liable in
9 mo~ey damages to any person who cXaims tha~ such breach
i0 proxzmate~y caused injury.
11 (F} When the provis~ons o~ ~his Ordanance are not remedied by
12 Cou~~y o~f~cials, civil action aga~ns~ Butte Gounty is
13 denied and County is absolvad o~ any responszbility to
X4 e~~orce and/or any ~iabili~y far failure ~o en~orce.
15 §15-160. Pena~ties.
16 (A) It shall be unlawful ~or any person who owns, manages,
17 operat~s or otherwise contrals the use o~ any premises
18 subjec~ ~o the restrictions af ~his a~ticle to fai~ ~o:
19 properly post signs required hereunder; provide signs for
20 the ~se o~ employees in designating their areas; properly
21 set aside "No Smok~ng°' areas; to adop~ a smoking res~riction
22 policy; ar to comp~y with any other requiremen~s o~ ~his
23 Ar~ic~e.
24 (B) It sha~l be ~nlawful for any person ~o smoke in any area
25 restricted by the provisions of this Article.
2~ {C) It sha11 be un~awful ta mu~ilate o~ destroy any signs
27 required bq this Ordinance.
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Any person/business ~ho v~ola~es Subsect~ons A, S or C
herein, ar any o~her provis~ons af this article, shall b~
gu~lty o~ an in~raction and upom conviction thereaf, shall
be punished by: ~
{1) A~zne, not exceeding $~00, ~or fxrst viola~ian;
(2} A~ine, not exceeding ~200, ~or a second vio~ation o~
thzs Article within 1 year;
(3) A~ine, not exceeding ~500, ~or each additia~al
violation of th~s Article within 1 year.
{E} The Distxic~ Attorney may enforce the provisions o~ th~s
Ordi.nance .
§15-I61. Nonretaliation.
No person or employer shall discharge, re~use
to hire, or in any manner, retal~,at~ agaxnst any employee or
app~icant for empl.oymen~ beca~se such empZoyee or applicant
exerci.ses any righ-~s af~orded by this chap~er.
§15-].62. Other A ].icable Laws.
This Article shall not be interpret~d or
construed to permit sm~oking where it is o~herwise restr~.ct~d by
other applicabl.e laws.
§15-163, If any provision or c3.ause of th~.s Ordinance
or the applicati.on thereo~ -~o any persan or circumstances h~ld to
be unconsti.tutional or to be otherwisa invalid by any court of
competent jurisdiction, such invalidity sha7.~. not af~ect other
Ordinance prova.sions or clauses or application.s ~hereof which can
~ be imp~.ement~d withou-~ the invali.d provis~.on or clause o~
appli.cation, and to tha.s end the prova.sions and clauses o~ this
I Ordinance ar~ declared ~o be severable.
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§15-164. O~her Agenc Coo eration.
Federal, Sta~e, County, schooi and aIl
districts o~~icials are urged ta enac~ and en~orce pravisions
simi~ar ~o the provisions contained herein.
Sec~~on 2. This ordinance is hereby a~d zt is declared
to be in full force and e~fect fro~ and a~ter thirty (30) days
af~er the date of i~s passage, and be~oxe the expiration of
~~f~een (~5) days af~er its passage, this ordinance shall be
published once with the names of the ~embers o~ the Board o~
Sup~rvisors vo~ing ~or and against i~ in the ,
a newspaper published in the Ca~nty o~ Butte, State o~
'Ca~i~ornia.
PASSED AND ADOPTED by the Butte Co~n~y Board o~
5upervisors ~his 10th day o~ Februar ,].987, by the
f o1.].aw~ng vote :
A~~: Super~isors ~'~alton, Mcln~urf, Vercruse and Cha-ir polan
NOES : $uper~i sor f~cLaughl i n
ABSENT : Nane
i NOT VOT~NG: None
But~e
ATTEST: }
MARTIN J. NICHOLS, Chief Admin~strative
~~~i.cer and Clerk a~ the Board
By
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, ~ ~;nair o~ ~ne
ty Board o~ Supervisors