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HomeMy WebLinkAbout92-099~iesolufion RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DIRECTING SUBMISSION OF A MEASURE TO THE VOTERS REGARDING AN AMENDMENT TO THE SMOKING REGULATIONS IN ARTICLE V OF CHAPTER 15 OF THE BUTTE COUNTY CODE WHICH WOULD PROHIBIT SMOKING IN VIRTUALLY ALL ENCLOSED PUBLIC PLACES OR PLACES OF EMPLOYMENT, INCLUDING RESTAURANTS, BUT EXCLUDING BARS. WHEREAS, the Board of Supervisors in Resolution 85-190 resolved that the health, safety and general welfare of the residents of, persons employed in, and persons who frequent Butte County would be benefited by a smoke-free environment; and WHEREAS, on February 10, 1987, the Board of Supervisors of the County of Butte adopted Ordinance No. 2581 adding Article V to Chapter 15 of the Butte County Code entitled "Protection of an Individual's Right to Breathe Fresh Air Through Regulation of Smoking Tn Designated Enclosed Public Places and Work Places"; and WHEREAS, said Ordinance No. 2581 included the determination that the health, safety and general welfare of the residents of, persons employed in and persons who frequent this county would be benefited by the regulation of smoking in enclosed places, including places of employment; and WHEREAS, there is increasing medical evidence which indicates that tobacco smoking in enclosed areas open to and frequented by members of the general public as well as enclosed areas located at places of employment cause health hazards to those non-smokers who are involuntarily exposed to side-stream or second hand smoke; and WHEREAS, because of this medical evidence this Board is considering amending the County smoking regulations, as set forth in Article V of Chapter 15 of the Butte County Code, to provide further protection to persons involuntarily exposed to smoke by prohibiting smoking in the enclosed areas of all public places and places of employment within the unincorporated area of the County of Butte, including restaurants, but excluding bars; and WHEREAS, said proposed amended Article V is substantially similar to an ordinance to be voted on in the City of Chico, to an ordinance approved by the voters of the Town of Paradise, and to an ordinance disapproved by the voters of the City of Oroville; and WHEREAS, because of divergent opinions in regard to such smoking regulations among the citizens of this County this Board has decided to propose such amendments to the County smoking regulations as an ordinance to be voted upon by the voters of the unincorporated area of the County at the general election to be held on November 3, 1992. NOW, THEREFORE, an election is hereby called pursuant to the provisions of Elections Code Section 3750 to submit the following measure to the voters of the unincorporated area of the County of Butte: MEASURE CONCERNING AMENDMENT OF COUNTY OF BUTTE SMOKING REGULATIONS Shall the smoking regulations of the County of Butte be amended by the adoption of the ordinance set forth in 2 Exhibit A attached hereto repealing and re-enacting Article V of Chapter 15 of the Butte County Code and prohibiting smoking in the enclosed areas of all places open to the general public and/or places of employment, including restaurants but excluding bars? BE IT FURTHER RESOLVED, that said election shall be consolidated with the state-wide General election to be held November 3, 1992. Said consolidated election shall be subject to all provisions of the Elections Code applicable to elections called by the Board of Supervisors of the County of Butte. Said election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvased, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done, in accordance with the provisions of law regulating the state-wide election. BE IT FURTHER RESOLVED that all persons qualified to vote at said state-wide election in the County upon the date of the election herein provided for and residing in the unincorporated area of the County of Butte shall be qualified to vote upon said measure. BE IT FURTHER RESOLVED that ballots for the election shall be provided in the farm and in the manner provided by law. BE IT FURTHER RESOLVED in accordance with Elections Code Section 10327, the County Clerk is authorized to abbreviate the measure submitted to the voters as follows: 3 MEASURE Shall the smoking regulations of the County of Butte be amended to prohibit smoking in the enclosed areas of all places open to the general public and/or places of employment, including restaurants but excluding bars? BE IT FURTHER RESOLVED that on the ballots for said election, in addition to any other printed matter which may be required by law, two voting squares sha11 be set off to the right of the proposal submitted at the election, in the manner provided by law, one having the word "Yes" printed before it, and the other having the word "No" printed before it. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 4th day of August, 1992 by the following votes: AYES: Supervisors Fulton, Mclnturf and Chair Dolan NOES : Supervisor Roux ABSENT: Supervisor McLaughlin NOT VOTING: ~iFone Butte County Board of Supervisors ATTESTED: JOHN BLACKLOCK Chief Administr tive Officer and t e Clerk o the Board By: (smoke.res) 4 1 3 4 5 s 7 8 9 1 tl 11 12 13 14 15 1fi li 18 19 ~~ ~1 ~~ ~~ ~~ ~5 ~~ ~~ ~~ ~~ AN ORDINANCE AMENDING THE SMOKING REGULATIONS OF THE COUNTY OF BUTTE BY REPEALING AND RE-ENACTING ARTICLE V OF CHAPTER 15 OF THE BUTTE COUNTY CODE PERTAINING TO THE REGULATION OF SMOKING IN ENCLOSED PUBLIC PLACES AND PLACES OF EMPLOYMENT The People of the County of Butte ordain as follows: Section 1. Article V of Chapter 15 of the Butte County Code entitled "Protection of an Individual's Right to Breathe Fresh Air Through Regulation of Smoking In Designated Enclosed Public Places and Work Places" is repealed. Section 2. Article V of Chapter 15 of the Butte County Code is re-enacted to read as follows: Article V. Regulation of Smoking in Work Places and Enclosed Public Places. '. Section 15-15d. Purpose. This Article is enacted pursuant to the provisions of Section 25946 of the Health and Safety Code, Article I, Section 1 of the Butte County Charter and Article XI, Section 7 of the California Constitution, for the purpose of restricting and prohibiting smoking in all enclosed areas open to the public in order to reduce the hazards which smoking causes to those involuntarily exposed thereto, and to restrict and otherwise prohibit smoking within workplaces for the protection of employees who are involuntarily exposed to sidestream or second-hand smoke. . Section 3.5-15i. Findings, The following findings are hereby made: 1. Tobacco smoke is a major contributor to indoor air pollution; and _~~ ~~I~ A Imo.. i . _. ~ 2. Breathing sidestream or second--hand smoke is a cause of ~ disease, including lung cancer, in non-smokers; and 3 3. Persons at special risk from the breathing of side- , 4 stream or secondhand smoke include pregnant women, children, and 5 elderly persons, persons with cardiovascular disease, and persons 6 with impaired respiratory function, including asthmatics, and 7 persons with obstructive airway disease; and g 4. Health hazards induced by breathing sidestream or g secondhand smoke include lung cancer, respiratory infection, lf~ decreased exercise tolerance, decreased respiratory function, 11 bronchoconstriction, bronchospasm, and ear infections in 12 children; and 13 5- Non-smokers with allergies or respiratory diseases and 1~ persons who suffer ill effects from breathing sidestream or 15 second-hand smoke may experience a loss of job productivity or lei may be forced to take periodic sick leave because of adverse 17 reactions to same; and 1~ 5, The smoking of tobacco or any other weed or plant is a 19 hazard to the health of the general public. `~ Section 15-152. Definitions. ~1 The following words and phrases, whenever used in this ~h Article, shall be construed as hereafter set out, unless it shall n3 be apparent from the context that they have a different meaning: ~~ 1. "Bar" means an area which is devoted to the serving of h5 alcoholic beverages and in which the service of food is ~~ only incidental to the consumption of~ such beverages ~7 and which is enclosed and separated from areas ~~ -2- i l dedicated primarily to dining and the service of food. Although a restaurant may contain a bar, the term "i~ar" ~ shall not include the restaurant dining area. 4. 2. "Business" means any sole -proprietorship, partnership, 5 joint venture, corporation or other business entity ~ farmed for profit-making purposes, including retail 7 .establishments where goods or services are sold as well g as professional corporations and other entities where g legal, medical, dental, engineering, architectural, ar ~~ other professional services are delivered. Il 3. "dining Area" means any enclosed area containing a ~2 counter or tables upon which meals are served. 13 4. "Employee" means any person who is employed by any ~~ employer in the consideration for direct or indirect ~5 monetary wages or profits, and any person who ~~ volunteers his or her time or service far a non-profit li entity. 18 5. "Employer" means any person, partnership, corporation, ~~ including a municipal corporation, or non-prof it ~p entity, who employs the services of one or more `~ individual persons. `2 6. "Enclosed area" means all space between a floor and ~~ ceiling which is enclosed on all sides by solid walls ~~ or windows (exclusive of doors or passageways) which 9~ _ extend from the floor to the ceiling, including all 9~ space therein screened by partitions which do not n7 extend to the ceiling ar are .not solid, "office ~~ landscaping" or similar structures. -3- 1. i 3 4 5 6 7 8 9 10 lI 12 13 I4 I5 1fi 1'r I8 l9~ ~~ 21 ~~ ~~ 2~ 9,~ 2~ 2~ ~~ ~~ 7. 8. E - 9. I0. "Nan-profit entity" means any corporation, unincorporated association, or other entity created for charitable, philanthropic, educational, character- buildnng, political, social or other similar purposes, the net proceeds from the operations 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 meaning of this section. "Place of employment" means any enclosed area under the operation or control of a public or private employer which employees normally frequent during the course of employment, including but not limited ta, work areas, individual and group offices, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias and hallways. "Public place" means- any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, recreation facilities, sports arenas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and wanting rooms.. A private residence is not a "public place". "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any -4- r _ 1 other eating establishment which gives or offers for ~ sale food to the public, guests, or employees, as well 3 as kitchens in which food is prepared on the premises 4 far serving elsewhere, including catering facilities, 5 except that the term "restaurant" shall not include a g cocktail lounge or tavern if said cocktail lounge or ~ tavern is a "bar" as defined in subsection (a) above. ~ 11. "Retail tobacco store" means a retail store utili2ed 9 primarily for the sale of tobacco products and 1~ accessories and in which the sale of other products is 11 merely incidental.. 12 1.2. "Service line" means any indoor line at which one or 13 mare persons are waiting for ar are receiving service 1~ of any kind, whether or not such service involves the 15 exchange of money. lfi 13. "Smoking" means inhaling, exhaling, burning or carrying li any lighted cigar, cigarette, pipe, weed, plant or 1K ether combustible substance in any manner or in any 19 form. ~~ 14. "Sports arena" means sports pavilions, gymnasiums, 21 health spas, boxing arenas, swimming pools, roller and ~9 ~~ ice skating rinks, bawling alleys, pool halls, and ~,~ other similar places where members of the general ~~ public assemble either to engage in physical. exercise, 9~ participate in athletic competition, ar witness sports ~~ events . ~ Section 15-153. Re ulativn of smokin in count -owned facilities. ~ ~~ All enclosed facilities owned, leased or rented by the -5- ~ ~. I 9 4 5 6 7 9 1 {~ 11 12 I3 I4 ~i I5~ I5i Ii 18 ~9 ~~ ~l ~~ ~~ ~~ ~~ 25 ~~ ~~ ~~ County of Butte shall be, subject to the provisions of this i ArtlCle. I Section I5-3.54,^ `Prohibition of smokinct in enclosed public tilaces. A. Smoking shall be prohibited in all enclosed public places' within the unincorporated area of the County of Butte, including but not limited to, the following places: 3.. A11 areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to, attorneys' offices and other offices, banks, and hotels and motels except roams rented to quests. ~. 2. Any facility which is primarily used far exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production and, in said event, the only smoking permitted in such a facility will be that smoking that is part of an incident to the performance. 3. Buses, shuttle buses, taxi cabs, and other means of .public transit sponsored by or subject to the authority of the County of Butte, and ticket, boarding, and , waiting areas of public transit depots. 4. Common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and adult day care facilities. -6- ~` , s 1 ~ S. Elevators. 5. Every room, chamber, place of meeting or public assembly, including school buildings, under the control ~ of any board, council, commission, committee, including ~ joint committees, ar agencies of the County of Butte or 6 any political subdivision of the State of California 7 during such time as a public meeting is in progress, to 8 the extent the same is subject to the jurisdiction of 9 the County of Butte. ~~ 7. Polling places. it 8. Public areas of galleries, libraries, and museums when 12 open to the public. 13 9. Restaurants. I4 14. Restrooms. ~~ 11. Retail stores. lei 12. Service lines. ~~ 13. Sports arenas, 18 1~. Convention halls. ly 15. Waiting rooms, hallways, wards and semi-private rooms ~~ of health facilities, including but not limited to, w ~~ hospitals, clinics, physical therapy facilities, ~~ doctors' offices, and dentists' offices. ~~ B. Notwithstanding any other provision of this section, ~~ any owner, operator, manager, or other person who controls any ~5 establishment or facility may declare that entire establishment 9~ or facility as a non-smoking establishment or facility. Upon ~7 such declaration and posting of notice pursuant to section 15- ~~ 157, smoking shall be prohibited in such establishment or M -7- r '- 1 facility. Section 15-155. Re ulation of smokin in laces of em to ent. 3 It shall be•the responsibility of employers to provide a 4 smoke-free workplace for all employees, but employers are not 5 required to incur any expense to make structural or other 6 physical modifications. 7 Within ninety (90) days of the effective date of the ordinance codified in this Article, each employer, and each place 9 of employment located within the unincorporated area of the 1(l County of Butte shall adopt, implement, make known and maintain a 11 written smoking policy which shall contain the following 12 requirements: 13 "Smoking shall be prohibited in all enclosed 14 facilities within a place of employment without exception. ~ This includes common work areas, l5 auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, 15 medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed I~ facilities." 1$ The smoking policy as set forth above shall be communicated 19 to all employees within three weeks of its adoption. All ~~ employers shall supply. a written copy of the smoking policy upon ~1 request to any existing or prospective employees. ~2 Section 15--156. Exceptions__ to Smoking Prohibitions and ~3 Regulat?ons. ~,1 A. Notwithstanding any other provisions of this Article to ~5 the contrary, the following areas shall not be subject to the ~~ smoking restrictions of this Article: n7 ~.. Bars . ~,~ 2. Private residences, unless such residence is used as a _g_ 1 3 4 5 6 7 9 I [1 11 I2 I3 1~ 15 lfi lr 18 I ~} `~ 21 ~h ~~ ~~ ~5 ~~ `?7 ~H child-care or health-care facility. 3. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia. 4. Hotel and motel rooms rented to quests. 5. Restaurants, hotel and motel conference meeting rooms and public or private assembly rooms while these places are being used for private functions. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a non-smoking establishment. Upon such declaration and posting of notice pursuant to section 7.5-Z57, smoking shall be prohibited in such establishment or facility. Section 15-157. Postin re uirements. "No Smoking" signs or the international "No Smoking" symbol (consisting of the pictorial representation~of a burning cigarette enclosed in a red circle not less than four inches in diameter with a red bar across it) shall be clearly, sufficiently, and conspicuously posted in every building or other place where smoking is regulated by this Article, by the owner, operator, manager or other person having control over the place. Every restaurant regulated by this Article shall have pasted at every entrance a conspicuous sign clearly stating that smoking is prohibited in said establishment. Section 15-158. Administration and im Iementation. A. Administration of this Article shall be by the Butte -9- ~~ `. 1 County Health Officer or said officer's designees. ~ B. Any citizen who desires to register a complaint 3 hereunder may request the Butte County Health 4 Officer or designees to consider enforcement. 5 C. Enforcement may include any of the following actions: 6 {1} .Service of a notice upon a person violating the ~ provisions of this chapter requiring the 8 correction of such violation; 9 {2} Commencement of a civil action in a court of -. 10 appropriate jurisdiction to enjoin violation of 11 the provisions of this chapter or otherwise 12 require compliance herewith; and 13 (~) Initiation of criminal proceedings to assess any 14 of the penalties hereinafter provided by this 15 Article. 1~ D. Any owner, manager, operator, ar employer of any 1r establishment controlled by this Article shall have the 18 right to inform persons violating this Article of the ~~ appropriate provisions thereof; ~p E. The fire department or the health department shall 21 require, while an establishment is undergoing otherwise `? mandated inspections, a "self-certification" from the ~3 owner, manager, operator or other person having control ~~ of such establishment that all requirements of this 25 Article have been complied with. Far purposes of this 9~j Article, said t'self-certification" shall lee sworn under `?7 penalty of perjury; ~R -io- I 9 3 4 5 6 7 9 IO II I2 I3. I~ 15 I5 Ii IS I9 ~0 2I 2~ ~~ ~~ 95 ~~ °7 2~ Fem., [. F. No Liability for Nonenforcement. In undertaking the enforcement of this chapter, the county is assuming and undertaking only to promote the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury; G. When the provisions of this Article are not remedied by county officials or any other public employee with authority to remedy any violations of this Article, civil action against the County of Butte denied and the County is absolved of any responsibility to enforce and/or of any liability for failure to enforce any provision 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 violation of this Article or otherwise require compliance herewith. Section ~.5-159. Violation-Penalties. A. Yt is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to fail to comply with any of its provisions. B. Tt shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article. C. It shall be unlawful for any person to mutilate or -ii- r• 1 3 4 5 fi 7 R 9 10 11 12 13 14 i5 lfi 1t 18 19 2p 21 49 ww 23 29 25 2~, `'7 2~3 destroy any signs posted pursuant to the provisions of the Article. D. Any person who violates any provision of this Article shall be guilty of an infraction punishable by: ~ 1. A fine, not exceeding one hundred dollars i I ($100} far a first violation; i 2. A fine,. not exceeding two hundred dollars ($200}, for a second violation of this Article within any consecutive twelve month period; 3. A fine, not exceeding five hundred dollars ($500) for each additional violation of this Article within any '.consecutive twelve-month period. Section 15-160. Nonretaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for - employment because such empiayee or applicant for employment exercises any rights afforded by this Article. Section 15-161. Other a licable laws. This Article shall not be interpreted or construed to permit smoking where it is otherwise prohibited by other applicable laws or regulations. Section 15-162. Severability. If any provision or 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 invalidity -12- I! 2 3 4 5 6 7 9 10 11 12 13 14 15 15 lr 1 ~i 39 2(~ 21 ~~ `?3 ~q w5 ~~ `~ 7 ~~ shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid provision ar clause, or application, and to this end the provisions and clauses of this Article are declared to be severable. Section 3. This Ordinance is adopted on this date, which is the date that the Board of Supervisors has declared that a majority of the voters voting thereon on November 3, 1992 voted in favor of its adoption. Section 4. This Ordinance shall be and it is hereby declared to be in full force and effect from and after ten (10) days after the date of its adoption, and before the expiration of ten {id} days after its adoption, this Ordinance shall be published once in the a newspaper published in the County of Butte, State of California. ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board By: Dated: (smoke.ord) -13-