Chapter 8.20
SMOKING POLLUTION CONTROL

Sections:

8.20.010    Definitions.

8.20.020    Application of chapter to county-owned/leased/controlled facilities.

8.20.030    Prohibition of smoking in places of employment.

8.20.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(1) “Employee” means any person who is employed by the county in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

(2) “Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.

(3) “Place of employment” means any enclosed area under the control of the county employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways.

(4) “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. (Ord. 135 § 1, 1999)

8.20.020 Application of chapter to county-owned/leased/controlled facilities.

This chapter is only applicable to enclosed facilities owned, leased or controlled by the county of Crook.

Smoking shall be prohibited in all enclosed county-owned facilities within the county of Crook, including, but not limited to, the following places:

(1) Elevators.

(2) Restrooms, lobbies, reception areas, hallways and any other common-use areas.

(3) All vehicles and other means of transit under the authority of the county of Crook.

(4) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public. Every room, chamber, place of meeting or assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the county or any political subdivision of the state during such times as a meeting is in progress, to the extent such place is subject to the jurisdiction of the county.

(5) Polling places.

(6) The fairgrounds indoor arena and Carey Foster Hall, except in designated smoking areas. (Ord. 154 § 1, 2004; Ord. 135 § 2, 1999)

8.20.030 Prohibition of smoking in places of employment.

(1) Smoking shall be prohibited in all county-owned, -leased and -controlled facilities.

(2) The smoking policy shall be communicated to all employees within three weeks of its adoption.

(3) The county of Crook shall supply a written copy of this chapter upon request to any existing or prospective employee.

(4) Smoking shall occur at least 20 feet from any doorway leading into a county building or 20 feet from windows or ventilation systems to ensure that tobacco smoke does not enter the area through the doorway, windows, ventilation systems or by any other means.

(5) Posting of Signs.

(a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other area where smoking is prohibited by this chapter by the owner, operator, manager or other person having control of such building or other areas.

(b) Every public place where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(c) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this chapter by the person having control of such area.

(6) Enforcement of this chapter shall be implemented by the sheriff’s office, or his or her designee.

(7) Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or other persons because such employee, applicant or other person exercises any right to a smoke-free environment afforded by this chapter.

(8) Violations and Penalties.

(a) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

(b) Any person, after warning by a county official, who violates any provision of this chapter shall be guilty of an infraction, punishable by:

(i) A fine not exceeding $100.00 for a first violation.

(ii) A fine not exceeding $200.00 for a second violation of this chapter within one year.

(iii) A fine not exceeding $500.00 for each additional violation of this chapter within one year.

(c) The Crook County sheriff’s office shall be responsible for or assist in the issuance of citations for violations of this chapter.

(d) Violation of this chapter by a county employee shall be a cause for discipline. (Ord. 135 § 3, 1999)