Chapter 15A
SMOKING POLICY
Sections:
15A-3. Regulation of smoking within county building and offices.
15A-6. Retaliation prohibited.
Prior ordinance history: Ord. No. 499.
Note: The provisions of former sections 15A-2(c) and (d), 15A-4 and 15A-6(b) were deleted and Section 15A-6(c) was amended during the 11/92 supplement due to the sunset clause in the last paragraph of section 4 of Ord. No. 499.
15A-1 Findings and purpose.
The board of supervisors of the county finds that:
(a) Smoking tobacco, or any other weed or plant, especially in closed areas, is a significant health risk for smokers and nonsmokers who breathe the sidestream or secondhand smoke; and
(b) Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and
(c) Nonsmokers with allergies, respiratory diseases and those who suffer ill effects of breathing sidestream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the smoke; and
(d) The right of nonsmokers to breathe smoke-free air is paramount to the interests of smokers to inhale and breathe smoke.
Therefore, it has been determined that the residents and employees of Colusa County, and all other persons who frequent this county, would be benefitted by the regulation of smoking in enclosed places of county employment and business. (Ord. No. 542, § 1.)
15A-2 Definitions.
The following words and terms are used and defined as follows for the purposes of this chapter, unless it is apparent from the context within which it is used that the word or term requires a different meaning.
(a) “Enclosed area” means any space enclosed on all sides by solid walls or windows, including doorways and passageways, that extend from the floor to the ceiling, and includes all space in such area that is separated or screened by partitions, planters or similar structures that do not extend continuously from the floor to the ceiling.
(b) “Smoking” means the burning of tobacco or other combustible substance in any cigar, cigarette, pipe or other similar device or equipment or the carrying or holding of a lighted cigar, cigarette, pipe or other similar item, or emitting or exhaling the smoke of a cigar, cigarette, pipe or other similar device or equipment. (Ord. No. 542, § 2.)
15A-3 Regulation of smoking within county building and offices.
Smoking shall be regulated in all buildings and facilities and portions of any buildings or facilities owned, leased, rented or otherwise occupied by the county, including the County Courthouse building and all other buildings or offices housing the various departments of the Colusa County government. (Ord. No. 542, § 3.)
15A-4 Implementation policy.
The administrator of the Colusa County public health department may promulgate such rules, regulations and written policies as may be necessary to:
(a) Enforce the provisions of this chapter;
(b) Ensure a smoke-free working environment to all employees; and
(c) Assist employees who are tobacco addicted, to the extent permitted by budget constraints, in becoming tobacco free. (Ord. No. 542, § 4.)
15A-5 Posting requirements.
(a) “No Smoking” signs, with letters not less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed by a red circle no less than four inches in diameter with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every county building and county office in order to notify all employees and the public that smoking is regulated in county offices and buildings.
(b) “No Smoking” signs shall be conspicuously posted. Such posting requires the sign to be physically posted in such manner that the existence of the sign is not disguised, and the contents of the sign are legible and not obscured from view in any manner to any degree. (Ord. No. 542, § 5.)
15A-6 Retaliation prohibited.
No county employee or applicant for county employment shall be discharged, disciplined, denied employment, or in any way retaliated against because said employee or applicant exercises any rights recognized by this chapter. (Ord. No. 542, § 6.)
15A-7 Enforcement.
(a) The Colusa County health department shall enforce the posting requirements of section 15A-5. In determining compliance with the posting requirements, the health department shall give primary consideration to the right of nonsmokers to breathe smoke-free air.
(b) The Colusa County district attorney’s office shall enforce the prohibitory provisions of this chapter. (Ord. No. 542, § 7.)
15A-8 Penalties.
Any person violating any provision of this chapter is guilty of an infraction and upon conviction thereof may be punished by:
(a) A fine, not exceeding one hundred dollars for the first violation;
(b) A fine, not exceeding two hundred dollars for the second violation within a year of the first violation;
(c) A fine, not exceeding five hundred dollars for the third or any subsequent violation by the same person within a year of the first violation;
(d) The third or any subsequent violation of this chapter by the same person within any twelve-month period may be prosecuted and punished as a misdemeanor. (Ord. No. 542, § 8.)
15A-9 Construction.
(a) Nothing in this chapter shall be deemed or construed to permit smoking when or where it is otherwise restricted or prohibited by any other law.
(b) The right of nonsmokers to breathe smoke-free air shall be the guiding principle in any dispute arising under any provision of this chapter.
(c) If any provision of this chapter or the application of any provision of this chapter to any person or circumstance is held to be invalid, that invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are expressly declared to be severable. (Ord. No. 542, § 9.)