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HomeMy WebLinkAbout3039r Ordinance No. 3039 1 AN ORDTNANCE AMENDING THE SMOKING REGULATIDNS OF THE COUNTY ~ OF BUTTE BY REPEALING AND RE-ENACTING ARTICLE V ~F GHAPTER 15 OF THE SUTTE COUNTY CODE PERTA~NING TO THE REGULATION OF ~, SMOKING IN ENCL~SED PUBLZC PLACES AND PLACES OF EMPLOYMENT 4 5 . The Peop].e of the Co~nty of Butte ordain as £ollaws : ~ section 1. Article V af Chapter 15 of the Butte Caunty Code 7 entitled "Pratectian of an Tndividual's Right to Breathe Fresh ~ Air Throuqh Regulat~on of Smoking In Designated Enclosed Publ.ic 9 Places and Work Places" is repealed. ~~ Section 2. Article V of Chapter i5 of the Butte County Code is 1~ re-enacted to read as follows: ~2 Article V. Re ulation of Smokin in Work Places ar~d Enc].osed 13 p~blic Places. ~. ~~ Section 15-1.50, PurpOSe. This Articl.e is enacted pursuant ~5 to the provisions of Section 259~46 ~f the Health and Safety Code, ~~ Article I, Section 1 of the Butte County Charter and Article XI, ~' Section 7 0~ the Califarnia Constitution, for the purpose of ~~ restricting and prohibiti.ng smoking in a1.1 enclosed areas open to ~y the pubiic in order to reduce the hazards which smoking causes to ~~ ` those invaluntarily exposed thereto, and to restrict and ~~ ` otherwise prohibit s~noking within w~rkplac~s for the protection `?2 af emplayees who are involuntarily expased ta sidestream or `?3 second-hand smoke. ~q Section 15-151. Findinas. The following findings are hereby ~r~ made: ' 9fi 1. Tobacco smoke is a~najar contributor to indoor a~r ~~ pollution; and ti~ -1.- ~ 2. Breathing sidestream or second-hand smake is a cause of ~ disease, including lung cancer, in non-smakers; and ~ 3. Persons at special risk from the breathing of side- 4 stream or secandhand smoke include pregnant women, children, and 5 elderly persons, persons with cardiovascular disease, and persons 6 with impaired respiratory function, including asthmatics, and 7 persans with obstructiv~ a~rway disease; and ~ 4. Health hazards induced by breathing sidestream or ~ secondhand smoke include lung cancer, respiratory infection~ ~~ decreased exercise tolerance, decr~a~ed respirat~ry function, 1~ bronchoconstr~ction, bronchospasm, and ear intect~ons in 12 children; and 1~ 5. Nan~smakers with a~lergies or respi~atory diseases and ~~ persons who suffer ill effects from breathing sidestrea~ or 15 second-hand smoke may experience a~ass of job productivity or 1~ may be forced to take periodic sick leave because of adverse ~! reactions to same; and l~ 6. The smoking of tabacco or any other weed or p].ant is a ~~ hazard to the heal.th af the general. public. 9n Sectian ~5-152. Definitions. ~ ~~ The fo~lowing words and phrases, whenever used in this 4 92 Article, shall. be construed as he~eafter set out, unless i.t shall ~ ~,~ be apparent from the context that they have a di£ferent meaning: ~~ ~.. "Bar" means an area which is devoted to the serving af ~ r~ alcoholic beverages and ~.n which the service of food is ~~ only incidental to the consumptian of such beverages ~~~ and wh~.ch is enclosed and separated ~rom areas ~~ -2-- 1 dedicated primarily to dining and the service of foad. ~ Although a restaurant may contain a bar, the term "bar" ~ sha11 not include th~ restaurant dining area. 4 2. "Business" means any sole proprietorship, partnership, 5 joint venture, corporation or other business entity 6 formed for profit-making purpases, including retail 7 establish~ents where goods or services are sold as well as professiona~ carporations and other entities where ~ g legal, medical, denta~, engineering, a~chitectural, or ~n other profess~onal services are delivered. 11 3• "Dining Area" means any enclosed area containing a counter or tabies upan which meals are served. 12 ~. "Emplayee" means any person who is emplayed by any ~3 employer in the consideratian tor direct or indirect ~~ ~a~~tary wages or profiits, and any person who 15 volunteers his or her time or service for a non-prvfit 1~ entity. ~~ 5. "Employer" means any person, partnership, corporation, ~~ including a mun~cipal co~poration, or non-prafit ly entity, wha empioys the services of one or mare 9~ ~1 individual persons. 6. "Enc~osed area" means all space between a floor and ~2 ~ ceiling which is enclosed on a1~ sides by solid walls ~~ or windows (exclusive of doors or passageways) which ~~ ext~nd from the floor to the ceiling, including all ~~~ space therein screened by partitions which do not ~~ extend ta the ceiling or are not solid, "office ~~7 landscaping" or si~ilar structures. ~~ ~ -3~ 1 ~ 3 4 5 fi 7 8 9 l (1 lt 12 13 14 15 l5 li. 18 ly 2(~ 21 ~2 ~~ 9~ ~5 ~~ `?7 ~~ 7. "Non-profit entity" means any corporation, unincorporated association, or other entity created for charitab].e, philanthropic, educationa~. character- building, political, social or other similar purposes, the net proceeds froin the ~peratians of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a"non-profit entity" within the meana.ng of this sect~.on. 8. "Place of employment" means any encl.ased area under the operation or control ~f a public or private employer which employees normally trequent during th~ course of employment, including but not limited to, wark areas, individual and grQUp offices, amp~.oyee lounges, ~estraoms, conference roams, classrooms, employee cafeterias and hallways. 9. "Public place" means any encl.osed area to which the publa.c is invited ar in which the pub~ic is permitted, including but not limited to, banks, educational £aci~ities, hea~th facil.ities, public transportation facilities, reception areas, recreation facilities, sports arenas, restaurants, retail faod producti.on and marketing establishments, retaa.l service establishments, retail stores, theaters and waiting rooms. A private residence is not a"pub~ac p].ace". 10. "Restaurant" means any co~fee shop, ca~eteria, sandwich stand, private and public schaol cafeteria, and any -4- ] ather eating establishment which gives or of~ers for ~ sale foad to the public, guests, or employees, as well ~ as k~tchens in which food is prepared on the premises 4 for serving elsewhere, including catering £acilit~es, 5 , except that the term "restaurant" shal~ nat inc~ude a ~ cocktail lounge or tavern i~ said cocktail lounqe or 7 tavern is a"bar" as def ined in subsection {a} abov~. ~ 1~. "Retai]. tobacco st~re" means a retail store utili~ed ~ primari~y for the sa].e o~ tobacco products and ~n accessories and in which the sale of other products is 11 ~er~~-Y incidental. 12 ~2• "Service line" means any ~ndoar line at which one or ~3 more persans are waiting for or are receiving service of any kind, whether or nat such service involves the ~~ 15 exchange of money. 13. "Smoking" mear-s inhaling, e~ha~ing, burning or carry~ng ~~ any lighted ciqar, cigarette, pipe, weed, plant or li other combustible substance in any manner or in any ~~ 19 form. 14. "Sports arena" means spo~ts pavilions, gymnasiums, 20 ~~ health spas, boxing arenas, swimming poo~.s, roller and ice skating rinks, bowling alleys, pool halls, and ~2 other similar places where membe~s vf the general ~~ ~ public assemble either to engage in physical exercise, ,~ participate in ath~etic campetition, or witness sports ~~ ~~ events. ~~ Section 15-153. Re ul.ation of sm~kin in count -owned facilities. ~ A1~ enclosed facilities owned, leased or rented by the `~ -5- 1 ~ 3 4 5 6 7 8 9 10 I1 12 13 14 15 16~ li l8 19 2(] 21 ~2 ~ ~~ `?~ `?5 9~j `?7 2 ~3 County of Butte shall be subject to the provisions of this Article. Section 15-154. ~Prohibition of smokin in enclosed ublic ~p aces• A. Smoking shall be prohibited in all enclosed public places within the unincorparated area o€ the County of Butte, including but not limited to, the ~ol.~owing piaces: 1. A1.1 areas available to and customari~y used by the g~neral public in all busin~sses and non-profit entities patron~zed by the pub~.ic, including but nat limited to, attorneys' affices and other of~ices, banks, and hotels and mote~s except raoms rented to quests. 2. Any facility which is primarily used for exhibiting any ~otian picture, stage, drama, lecture, musical recital or other similar performance~ except when smoking is part o~ a stage production and, in said event, the only smoking permitted in such a faci~ity will be that smoking that is part of an incadent ta the per~ormance. 3. Buses, shuttle buses, taxi cabs, and other means of public transit sponsored by or subject to the autharity of the County of Butte, and ticket, boarding, and waitinq areas of publ~c transit depots. 4. Common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and adu].t day car~ facilities. -6- 1 5. Elevators. 9 6. Every roam, chamber, place of ineeting ~r publ~c ~ assembly, including schoal buildingsr under the cantro~ ~ of any board, council, comm~ss~on, committee, inaluding 5 joint committees, or agencies of the Cflunty of Butte or 6 any political subdivision of the State o~ Cali~ornia 7 during such time as a p~blic meeting is in progress, to ~ the extent the same is subject to the jurisdiction o£ 9 the County ot Butte. ~~ 7. Polling p~aces. 11 8• Public areas of galleries, libraries, and m~seums when ~2 open to the p~blic. ~~ 9. Restaurants. ~4 10. Restrooms. ~5 Z1. Retail stores. ~~ 12. Service Iines. ~f 13. Sports arenas. l~ ~4. Convention halls. ~~ 15. Waiting rooms, hallways, wards and semi-private rooms o~ health facilities, including but not ~imited to, 20 9~ hospitals, clinics, physica~ therapy facilities, ~2 doctors' a~fices, and dentists' ot~ices. ~ ~~~ B. Notwithstanding any other pravision af this sectian, ~~ any owner, operatar, manager, or other persan wha cflntrols any 9r~ establishment or fac~lity may declare that entire establishment ~~ or facility as a non-smoking establ~shment or ~aczlity. Upon ~~7 such declaration and posting of notice pursuant to section ~5- ~~ 157, smoking shall be prohibited in such establishment or -7- 1 ~I faci~.ity. ~ 3 4 5 6 7 8 9 1(1 11 12 l3 i4 15 16 l; 1 t~ ly 2D 21 ~2 ~ `?3 o~} ~ c, ~~ `?7 2~ Section 15-~155. Re ulation of smok~.n in ~aces of em la ent. It sha~.l be the responsibility of employers to pravide a smoke-free workplace ~vr all emp~oyeas, but employers are not required to incur any expense to make structural or other physical modifications. Within ninety {90) days of the effective date of the ordinance codified in this Art~.cle, each eanployer, and ~ach place ot employment located withi~ the unincorporated area af the Caunty of Butte shall adopt, implement, make known and maintain a written smoking policy which shall contain the fallowing requirements: '~S1~oki.3~g sha~l be prohibite.d in all enclosed facilities within a p~ace of employm~nt witho~t exception. This inc].udes common work areas, auditoriums, classroams, conference and meeting rooms, pr~vate offices, elevators, hallways, medical facilities, cafeterias, employee lounges, sta~.rs, restrooms, veha.cles, and al~ other enclosed facilities." The smoking policy as set forth above shall be com~nunicated to all employees within three weeks of its adoption. All employers shall supply a written copy of the smoking policy upon request to any existing o~ praspecti~e employees. Section 15-~56. Exce tions to Smokin Prohibitions and Re ulations. A. Notwithstanding any other provisions of this Artic~.e to the contrary, the ~allowing areas sha11 not be subject to the smoking restrictions af this Article: 1. Bars. 2. Pri'vate residences, unless such residence is used as a -8- 3 ~ 3 4 5 6 7 8 9 l (1 li 12 13 14 15 15. li 18 l9 ~~ ~, 21 ~~ `~3 9~ `?5 ~~ `?7 o ~; ch~].d-care or health-care ~aci3.ity. 3. Retail stores that deal exclusively ~.n the sale of tobacco and smaking paraphernalia. 4. Hotel and motel rooms rented to quests. 5. Restaurants, hotel and motel conference meeting rooms and pub].ic or prxvate assembly rooms whi~e these places are being used for pr~.vate functions. B. Notwithstanding any other provision of this sectian, any owner, operator, manager or other person who controls any establishment described in this section may declare that ent~re establishment as a non-smoking establishment. Upon such declaratian and p~sting ot n~tice pursuant to section 15-i57, smoking shall be prohibited in such establishment or facility. Section 15-157. Postin re u~.rements. "No Smaking" signs or the international "No Smoking" symbol {consisting of the pictarial repr~sentation of a burning cigarette enclosed in a red circle nat Iess than four inches in diameter with a red bar across it) shall be clearly, su~ficiently, and conspicuously posted in every buiiding or other place where smoking is regulated by this Article, by the owner, operator, ~nanager ar other person having contral over the place. Every restaurant regulated by this Article shall have posted at every entrance a conspicuot~s sign c~early stating that smoking is prohibited in said establ.ishment. 8ection 15-158. Administrat~.on and im l.ementatian. A. Administration of this Article shall be by the Butte -9- 1 Caunty Health Officer.ar said afficer's designees. ~ B. Any c~tizen who desires to register a camplaint ~ hereunder may request the Butte County Health 4 O~ficer or designees ta cansider entorcement. - 5 C. Enforcement may include any of the ~ol~owing actions: ~ (1) Service of a n~tic~ upan a person violating the 7 provisions of this chapter requiring the ~ correction of such vi~~ation; 9 (2} Commenaement of a civil action in a aourt of ~~ appropriate jurisdiction to enjoin violation of ~~ the pravisions o~ this chapter or otherwise 1~ require comp~iance herewith; and 13 {3) Ynitiation of criminal praceedings to assess any 1~ of the penalties hereinafter provided by this 15 Article. ~~ D. Any owner, manager, operator, or employer of any 1r estabZish~ent controlled by this Article shall have the ~~ right to inform persons violating this Article of the 1~ appropriate provisions the~eof; ~0 E. The fire department ar the health department sha~ ~1 require, while an establishment is undergaing atherwise ~2 mandated inspecti~ns, a"self--certificatian" from the ~~ owner, manager, operator or other person having contro `?~ of such establishment that all requirements of thls `?5 Article have been camplied wi.th. For purposes af thYs 9~' Article~ said "self--certifa.catian" shall be swarn under ~~ penalty of perjury; 2 ~i -3.0- 1 9 3 4 5 6 7 8 9 I~ 11 12 13 14 15 16 ii 18 I9 ~p ryl 4~ ~ ~~ n~ 2~i ~~ `~7 o~ ~ F. No Liability for Nonenforcement. Tn undertaking the enforcement ot this chapter, the county is assuming and undertaking on~y to promote the general welfare. It is not assuming, nor is it imposing upan its officers and employees, an obligation tar breach o~ whiah it is liable in money damages to any persan who claims that such breach proximately caused injury; G. Wtien the provisions of this Article are not remedied by ' county ofticials or any other publ~c employee with authority to remedy any violations af this Article, civil actian against the County o~ Butte is denied and the County is absoived of any responsibility t~ entorce and/or of any liability for ~ailure ta enforce any prov~sion hereof; H. Notwithstanding any other provision of this Article, a private citizen may commence a civil action in a court of appropriate jurisdiction to enjoin violat~on of this Artic~e or otherwise require compliance herewith. Sectian 15-~59. Violation-Penalties. A. Zt is unlawful for any person who owns, manages, operates o~ otherwise controls the use of any premises subject to regu~ation under this Artic~e to fail to comply with any of its provisions. B. ~t sha11 be ~nlawful for any person to smoke in any a~ea where smoking is prohibited by the provisions of this Arti.cle. C. It sha11 be unlawfu~ for any person to mutilate or -11- 1 ~ 3 4 5 fi 7 8 9 10 11 12 i3 1~ ~j l ~i ~i 18 19 ~~ h 21 ~2 `?3 ~q 25 ~~ `?7 ~ }~ ~ destroy any signs posted pursuant to the provisions of the Artic~.e. D. Any person who violates any provision af this Article shall be guilty of an infraction punishable by: 1. A fine, not exceeding one hundred dol3.ars ($100) for a first vio~ation; 2. A fine, not exceeding two hundred dol~.ars ($200), for a second violatian of th~s Article within any cansecutive twelve month period; 3. A fine, not exceeding five hundred dallars ($500} for each additianal violation of this Article within any ~cansecutive twelve-month period. Section 15-160. Nonretaliation. No person or employer shall da.scharge, refuse to hire, or in any manner retaliate against any emp~.oyee or applicant far employment because such employee or applicar-t for emplayment exercises any rights aff~rded by this Artic~.e. Section 15-161. Other a licabie laws. This Article sha11 not be interpreted or construed ta permit smoking where it is otherwise proh~bited by other applicable laws or regulations. Section 15-162. Severabilit . ~f any provision ar clause of this Article or the application thereof to any person or circumstances is held to be unconstitutional or to otherwise be invalid by any court of competent jurisdiction, such inva~idity -12- I ~ ~ 3 4 5 fi ~'' 8 9 I (1 11 12 13 14 15 1.~i li~ IH 1 ~} 2n 21 02 ~ `??, ~~ ? r~ 9~j `~~ 0 ~j ~ shai3. not a~'fect ather provisions or clauses ar applicat~ons thereof which can be implemented without the invalid p~avision or clause, or app~icata.an, and to this end the provisions and clauses of tha.s Article are dec~.ared to be severab~e. Section 3. This Ordinance is adopted on this date, which is the date that the Board af Supervisors has declared that a majority of the voters voting thereon on November 3, 1992 voted in favor of its adaption. Section 4. This Drdinance shall be and it is hereby declared to be in full farce and effect trom and after ten (~0) days after the date of its adoption, and before the expiration of ten (~.0) days after its adoption, this Ordinance shall be published once in the Chicv Enterprise Record ,~ a ne~aspaper published in the County o£ Butte, State of California. ATTEST: JOHN S. BLACKLOCK, Ch~.ef Adminastrative Of~icer and Clerk ~ the Board By : G~ .~ Dated : Decemioer 1, I992 (smoke.ord) -I3-