HomeMy WebLinkAbout4100 1 Ordinance No. 4100
2 AN ORDINANCE AMENDING CHAPTER 15, ARTICLE V,
ENTITLED "REGULATION OF SMOKING IN WORKPLACES AND ENCLOSED
3 PUBLIC PLACES" OF THE BUTTE COUNTY CODE
4
5 The Board of Supervisors of the County of Butte ordains as
6 follows :
7 Section 1 . Section 15-151 of the Butte County Code is hereby
8 amended to read as follows:
9 15-151 Findings .
10 The following findings are hereby made:
11 (1) Tobacco smoke is a major contributor to indoor air
12 pollution; and
13 (2) Breathing side-stream or secondhand smoke is a cause
14 of disease, including lung cancer, in nonsmokers; and
15 (3) Persons at special risk from the breathing of
16 sidestream or secondhand smoke include pregnant women,
17 children, and elderly persons, persons with
18 cardiovascular disease, and persons with impaire.
19 respiratory function, including asthmatics, an.
20 persons with obstructive airway disease; and
21 (4) Health hazards induced by breathing sidestream or
22 secondhand smoke include lung cancer, respirator
23 infection, decreased exercise tolerance, decrease.
24 respiratory function, bronchoconstriction,
25 bronchospasm, and ear infections in children; and
26 (5) Nonsmokers with allergies or respiratory diseases an.
27 persons who suffer ill effects from breathing
28 sidestream or secondhand smoke may experience a loss
1 of job productivity or may be forced to take periodic
2 sick leave because of adverse reactions to same; and
3 (6) The smoking of tobacco or any other weed or plant is a
4 hazard to the health of the general public; and
5 (7) Existing studies on electronic smoking devices ' vapor
6 emissions and cartridge contents have found a number
7 of dangerous substances and concerns including:
8 i. The existence of chemicals known to the State of
9 California to cause cancer such as formaldehyde,
10 acetaldehyde, lead, nickel, and chromium;
11 ii . The existence of very small particulate matter
12 that reaches deep into the lungs (PM 2 . 5) ,
13 xylene, acrolein, tin, toluene, and aluminum,
14 which are associated with a range of negative
15 health effects such as skin, eye, and respirator
16 irritation, neurological effects, damage to
17 reproductive systems, and even premature death
18 from heart attacks and stroke;
19 iii. There has been an increase in the reports of
20 poisonings from electronic smoking devices an•
21 products, including acute poisonings of young
22 children; and
23 iv. The existence of nicotine in most electronic
24 smoking devices . Nicotine is a highly addictive
25 neurotoxin included in the Proposition 65 list o
26 Chemicals Known to the State to Cause Cancer o
27 Reproductive Toxicity and is known to cause birt
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1 defects . Nicotine is a component of the emissions
2 from electronic smoking devices .
3 Section 2 . Section 15-152 of the Butte County Code is hereby
4 amended to read as follows:
5 15-152 Definitions.
6 The following words and phrases, whenever used in this
7 article, shall be construed as hereafter set out, unless it
8 shall be apparent from the context that they have a different
9 meaning:
10 (1) "Business" means any sole proprietorship, partnership,
11 joint venture, corporation or other business entit
12 formed for profit-making purposes, including retail
13 establishments where goods or services are sold as
14 well as professional corporations and other entities
15 where legal, medical, dental, engineering,
16 architectural, or other professional services are
17 delivered.
18 (2) "Dining area" means any enclosed area containing a
19 counter or tables upon which meals are served.
20 (3) "Electronic smoking device" means an electronic and/or
21 battery-operated device, which can be used to deliver
22 an inhaled dose of nicotine or other substances .
23 "Electronic smoking device" includes any such device,
24 whether manufactured, distributed, marketed, or sol•
25 as an electronic cigarette, an electronic cigar, a
26 electronic cigarillo, an electronic pipe, an
27 electronic hookah, or any other product name or
28 descriptor.
1 (4 ) "Employee" means any person who is employed by an
2 employer in the consideration for direct or indirect
3 monetary wages or profits, and any person who
4 volunteers his or her time or service for a nonprofit
5 entity.
6 (5) "Employer" means any person, partnership, corporation,
7 including a municipal corporation, or nonprofit
8 entity, who employs the services of one (1) or more
9 individual persons .
10 (6) "Enclosed area" means all space between a floor an•
11 ceiling which is enclosed on all sides by solid walls
12 or windows (exclusive of doors or passageways) whic
13 extend from the floor to the ceiling, including all
14 space therein screened by partitions which do not
15 extend to the ceiling or are not solid, office
16 landscaping or similar structures .
17 (7) "Nonprofit entity" means any corporation,
18 unincorporated association, or other entity create•
19 for charitable, philanthropic, educational, character-
20 building, political, social or other similar purposes,
21 the net proceeds from the operations of which are
22 committed to the promotion of the objects or purposes
23 of the organization and not to private financial gain.
24 A public agency is not a nonprofit entity within the
25 meaning of this section.
26 (8) "Place of employment" means any enclosed area under
27 the operation or control of a public or private
28 employer which employees normally frequent during the
a
1 course of employment, including but not limited to,
2 work areas, individual and group offices, employee
3 lounges, restrooms, conference rooms, classrooms,
4 employee cafeterias and hallways .
5 (9) "Public place" means any enclosed area to which the
6 public is invited or in which the public is permitted,
7 including but not limited to, banks, educational
8 facilities, health facilities, public transportation
9 facilities, reception areas, recreation facilities,
10 sports arenas, restaurants, retail food production an.
11 marketing establishments, retail service
12 establishments, retail stores, theaters and waiting
13 rooms . A private residence is not a public place.
14 (10) "Retail food facility" means any operation that
15 stores, prepares, packages, serves, vends, or
16 otherwise provides food for human consumption directl
17 to the consumer or indirectly through a deliver
18 service regardless of whether there is a charge for
19 the food.
20 (11) "Service line" means any indoor line at which one (1)
21 or more persons are waiting for or are receivin.
22 service of any kind, whether or not such service
23 involves the exchange of money.
24 (12) "Smoking" means engaging in an act that generates
25 smoke, such as, for example: possessing a lighte.
26 pipe, a lighted hookah pipe, a lighted cigar,
27 operating an electronic smoking device, or a lighte.
28 cigarette, of any kind; or lighting or igniting a
c
1 pipe, a hookah pipe, a cigar, a cigarette or an
2 electronic smoking device, of any kind.
3 (13) "Sports arena" means sports pavilions, gymnasiums,
4 health spas, boxing arenas, swimming pools, roller an•
5 ice skating rinks, bowling alleys, pool halls, an•
6 other similar places where members of the general
7 public assemble either to engage in physical exercise,
8 participate in athletic competition, or witness sports
9 events .
10 (14) "Tobacco product" means any product that contains
11 tobacco, is derived from tobacco, or contains
12 synthetically produced nicotine and is intended for
13 human consumption.
14 Section 3 . Section 15-153 of the Butte County Code is hereby
15 amended to read as follows:
16 15-153 Regulation of smoking in county-owned facilities.
17 All enclosed facilities owned, leased or rented by the
18 County of Butte shall be subject to the provisions of this
19 article. No public employee or member of the public shall smoke
20 any tobacco product or operate any electronic smoking device in
21 an outdoor area within 20 feet of a main exit, entrance, or
22 operable window of a county building.
23 Section 4 . Section 15-154 of the Butte County Code is hereby
24 amended to read as follows:
25 15-154 Prohibition of smoking in enclosed public places .
26 (a) Smoking shall be prohibited in all enclosed public places
27 within the unincorporated area of the County of Butte,
28 including but not limited to, the following places :
ti
1 (1) All areas available to and customarily used by the
2 general public in all businesses and nonprofit
3 entities patronized by the public, including but not
4 limited to, attorneys ' offices and other offices,
5 banks, and hotels and motels except rooms rented to
6 guests .
7 (2) Any facility which is primarily used for exhibitin.
8 any motion picture, stage, drama, lecture, musical
9 recital or other similar performance, except whe
10 smoking is part of a stage production and, in sai.
11 event, the only smoking permitted in such a facilit
12 will be that smoking that is part of an incident to
13 the performance .
14 (3) Buses, shuttle buses, taxi cabs, and other means of
15 public transit sponsored by or subject to the
16 authority of the County of Butte, and ticket,
17 boarding, and waiting areas of public transit depots .
18 (4) Common areas in apartment buildings, condominiums,
19 retirement facilities, nursing homes, and adult da
20 care facilities .
21 (5) Elevators .
22 (6) Every room, chamber, place of meeting or public
23 assembly, including school buildings, under the
24 control of any board, council, commission, committee,
25 including joint committees, or agencies of the Count
26 of Butte or any political subdivision of the State of
27 California during such time as a public meeting is in
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1 progress, to the extent the same is subject to the
2 jurisdiction of the County of Butte.
3 (7) Polling places .
4 (8) Public areas of galleries, libraries, and museums when
5 open to the public.
6 (9) Retail food facilities .
7 (10) Restrooms .
8 (11) Retail stores .
9 (12) Service lines .
10 (13) Sports arenas .
11 (14) Convention halls .
12 (15) Waiting rooms, hallways, wards and semi-private rooms
13 of health facilities, including but not limited to,
14 hospitals, clinics, physical therapy facilities,
15 doctors ' offices, and dentists ' offices .
16 (b) Notwithstanding any other provision of this section, any
17 owner, operator, manager, or other person who controls any
18 establishment or facility may declare that entire
19 establishment or facility as a nonsmoking establishment or
20 facility. Upon such declaration and posting of notice
21 pursuant to section 15-157, smoking shall be prohibited in
22 such establishment or facility.
23 Section 5 . Section 15-155 of the Butte County Code is hereby
24 amended to read as follows:
25 15-155 Regulation of smoking in places of employment.
26 It shall be the responsibility of employers to provide a
27 smoke-free workplace for all employees, but employers are not
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1 required to incur any expense to make structural or other
2 physical modifications .
3 Each employer, and each place of employment located within
4 the unincorporated area of the County of Butte shall adopt,
5 implement, make known and maintain a written smoking policy in
6 which smoking shall be prohibited in all enclosed facilities
7 within a place of employment without exception. This includes,
8 but is not limited to, the facilities specified in section 15-
9 154 of this Chapter.
10 The smoking policy as set forth above shall be communicate•
11 to all employees within three (3) weeks of its adoption. All
12 employers shall supply a written copy of the smoking policy upo
13 request to any existing or prospective employees .
14 Section 6 . Section 15-156 of the Butte County Code is hereby
15 amended to read as follows :
16 15-156 Exceptions to smoking prohibitions and regulations.
17 (a) Notwithstanding any other provisions of this article to the
18 contrary, the following areas shall not be subject to the
19 smoking restrictions of this article:
20 (1) Private residences, unless such residence is used as a
21 childcare or healthcare facility.
22 (2) Retail stores that deal primarily in the sale of
23 tobacco products, smoking paraphernalia, or electronic
24 smoking devices, and in which the sale of other
25 products is merely incidental.
26 (3) Hotel and motel rooms rented to guests .
27 (4) Public or private assembly rooms while these places
28 are being used for private functions .
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1 (b) Notwithstanding any other provision of this section, any
2 owner, operator, manager or other person who controls any
3 establishment described in this section may declare that
4 entire establishment as a nonsmoking establishment . Upon
5 such declaration and posting of notice pursuant to section
6 15-157, smoking shall be prohibited in such establishment
7 or facility.
8 Section 7 . Section 15-157 of the Butte County Code is hereby
9 amended to read as follows:
10 15-157 Posting requirements .
11 No Smoking signs or the international "No Smoking" symbol
12 (consisting of the pictorial representation of a burning
13 cigarette enclosed in a red circle not less than four (4) inches
14 in diameter with a red bar across it) shall be clearly,
15 sufficiently, and conspicuously posted in every building or
16 other place where smoking is regulated by this article, by the
17 owner, operator, manager or other person having control over the
18 place.
19 Section 8. Severability.
20 If any provision or clause of this article or the
21 application thereof to any person or circumstances is held to be
22 unconstitutional or to otherwise be invalid by any court of
23 competent jurisdiction, such invalidity shall not affect other
24 provisions or clauses or applications thereof which can be
25 implemented without the invalid provision or clause, or
26 application, and to this end the provisions and clauses of this
27 article are declared to be severable.
28 Section 9. Effective Date and Publication.
in
1 This Ordinance shall take effect thirty (30) days after the
2 date of its passage . The Clerk of the Board of Supervisors is
3 authorized and directed, before the expiration of fifteen (15)
4 days after its passage, to publish this Ordinance once, with the
5 names of the members of the Board of Supervisors voting for an
6 against it, in the Chico Enterprise Record, a newspaper
7 published in the County of Butte, State of California .
8
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10 PASSED AND ADOPTED by the Board of Supervisors of the county of
11 Butte, State of California, on the 15th day of September, 2015,
12 by the following vote :
13 AYES : Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
14 NOES : None
15 ABSENT : None
16 NOT VOTING: None _
17 \\1_
DOUG TEETER, Chair of the
18 Butte County Board of
Supervisors
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21 ATTEST :
22 PAUL HAHN, Chiefkiministrative Officer
and Clerk ok' 40 Board
23 7 '
24 By:
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