Chapter 8.08
SMOKING IN PUBLIC PLACES PROHIBITED
Sections:
8.08.030 Regulation of smoking in public places.
8.08.040 Regulation of smoking in places of employment.
8.08.070 Violations and penalties.
8.08.090 Other applicable laws.
8.08.010 Definitions.
“County” means the county of Alpine.
“Parks” means areas designated by this chapter as playground areas and regulated by California Health and Safety Code Section 104495.
“Sheriff’s office” means the county sheriff or duly authorized deputies of the county.
“Smoking” means inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette, weed, plant or other combustible organic or chemical substance, the smoke from which is specifically designed or intended to be inhaled or drawn into the nose or mouth. In addition “smoking” for the purpose of this code means the use of any vapor device, of any product name or descriptor, which releases gases, particles or vapors into the air as a result of combustion, electrical ignition or vaporization intended to be drawn into the nose or mouth (excluding any United States Food and Drug Administration approved nebulized medication). (Ord. 708 § 2, 2014; Ord. 657 § 2, 2004)
8.08.020 Application of chapter to facilities and vehicles owned, leased or administered by the county.
Smoking is prohibited in all enclosed buildings and all vehicles, owned, leased or administered by the county. Smoking is also prohibited in the following non-enclosed areas owned, leased or administered by the county:
A. Within twenty (20) feet of any county building or within twenty (20) feet of a main exit, entrance, operable window of a public building, or area where smoking is prohibited. Ashtrays or any other receptacle used to dispose of burning tobacco products shall be prohibited within twenty (20) feet of any county building.
B. All non-enclosed areas at the public health, alcohol, drug and behavioral health services and social service agency facility (Katherine K. Kerr Building) with the exception of areas specifically designated for smoking twenty (20) feet away from any entryway or air-intake.
C. All non-enclosed areas in any county court and district attorney offices and the non-enclosed areas surrounding these buildings. (Ord. 657 § 3, 2004)
8.08.030 Regulation of smoking in public places.
The Markleeville Park and the Elizabeth Coyan picnic area are hereby designated as play areas under California Health and Safety Code Section 104495 (a)(1). No person shall smoke within twenty-five (25) feet of those facilities.
Any organization receiving public funding either directly or indirectly, which serves children and families must adopt a policy prohibiting smoking at any and all organization sponsored indoor and outdoor events and outings. (Ord. 657 § 4, 2004)
8.08.040 Regulation of smoking in places of employment.
In addition to the prohibitions on smoking in places of employment contained in California Labor Code Section 6404.5, any owner, operator, or manager of an establishment in Alpine county may declare the privately owned portion of the establishment, indoors and outdoors, to be a non-smoking establishment. (Ord. 657 § 5, 2004)
8.08.050 Posting of signs.
“No smoking” signs, with letters of not less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of burning cigarette enclosed in a circle with a bar across it), shall be clearly, sufficiently and conspicuously posted at each entrance to every building or other person having control of such building or place. (Ord. 657 § 6, 2004)
8.08.060 Enforcement.
The Alpine County sheriff’s department shall enforce and implement this chapter, and shall aid the public health department in their duties under contract with the California State Department of Health, such as compliance monitoring of this chapter and other state laws referred to in this chapter. (Ord. 657 § 7, 2004)
8.08.070 Violations and penalties.
Violation—Premises. It shall be unlawful for any person who owns, manages, or operates any premises subject to this chapter to violate these regulations.
Violations—Individual. It shall be unlawful for any person to smoke in any area where smoking is prohibited by this chapter.
Penalties. A violation of this chapter by any person, business, manager, or operator of an establishment is an infraction punishable by:
A. A fine not exceeding one hundred dollars ($100.00) for the first violation within any one year.
B. A fine not exceeding two hundred fifty dollars ($250.00) for a second violation within any one year.
C. A fine not exceeding five hundred dollars ($500.00) for the third and each additional violation of this chapter within any one year.
Separate Offense. A separate offense is committed for each and every day, or part of a day during which any violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense. (Ord. 657 § 8, 2004)
8.08.080 Public education.
The public health education division of the Alpine County health and human services agency shall engage in a continuing program to explain and clarify the purposes of this chapter to citizens affected by it, and to guide business owners, operators, and managers in their compliance with it. (Ord. 657 § 9, 2004)
8.08.090 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of this chapter to regulate smoking where such regulation has been preempted by the State of California. (Ord. 657 § 10, 2004)