Chapter 12.52


12.52.010    Purpose.

12.52.020    Definitions.

12.52.030    Uniform smoking policy.

12.52.040    Applicability.

12.52.050    Exceptions.

12.52.060    Compliance.

12.52.070    Implementation.

12.52.010 Purpose.

Skagit County is dedicated to providing a healthy and productive work environment for all county employees. The ordinance codified in this Chapter is in response to the growing medical and scientific evidence of the detrimental effects of smoking on personal health and work performance, in response to the strong desire of many county employees to work in a smoke-free environment, and in response to public law relating to smoking in public facilities.

It is not the intention of this Chapter to infringe upon the personal right and decision of any employee to smoke. Rather, this Chapter is intended to provide a smoke-free environment for nonsmoking employees who wish not to be affected by the minority of employees who do smoke. (Ord. 11642 § 1, 1988)

12.52.020 Definitions.

(1) “Automobile” means all cars, trucks, pickups or other equipment/vehicles which contain an enclosed operating area.

(2) “Common areas” means that area enclosed by a roof and walls in facilities which are owned, leased or rented by the county; including, but not limited to employee lounges, lunchrooms, conference rooms, stairways, elevators, hallways, and restrooms.

(3) “County facility” means any enclosed facility including automobiles owned, leased or operated by Skagit County that is frequented by the public or represents the work station for more than one county employee.

(4) “Enclosed work area” means that area closed in by a roof and walls with at least one opening for ingress and egress, with the intended use primarily for and by officers and employees of Skagit County while conducting county business which are owned, leased or rented by the county.

(5) “Smoking” or “to smoke” means and includes inhaling, exhaling or carrying any burning tobacco or other plant matter, including but not limited to cigarettes, cigars, or pipes.

(6) “Smoking debris” includes, but is not limited to cigarette or cigar butts, cigarette paper or products packaging tobacco, smoke, ash or any other residue resulting from smoking. (Ord. 11642 § 2, 1988)

12.52.030 Uniform smoking policy.

(1) Smoking is prohibited twenty-four (24) hours a day, every day, in all county enclosed work and common areas, facilities and automobiles.

(2) Smoking is permitted in outdoor areas, unless the smoke would be drawn into the work or common areas. All employees who elect to smoke in outdoor areas, shall be responsible for the proper maintenance and/or removal of all smoking debris. (Ord. 11642 § 3, 1988)

12.52.040 Applicability.

The county-wide smoking ordinance shall apply to all enclosed work and common areas, whether in an enclosed individual or shared office space, including automobiles, and shall apply to all persons who visit enclosed work and common areas, including all officers, employees, contractors or visitors during all hours and days of the year. (Ord. 11642 § 4, 1988)

12.52.050 Exceptions.

(1) Any officer or employee of the county who finds that the county’s smoking ordinance creates a unique situation with an adverse impact on the employee(s) while in his/her usual place of work, may submit an exception request to his/her department head or elected official, who shall submit the request, along with the department head’s or elected official’s recommendation to the Board of County Commissioners. The Board of County Commissioners shall determine the feasibility of allowing an exception to the policy in the employee’s work area.

(2) Because employees working in juvenile detention and the adult correction facilities do not have the option of leaving the workplace, one (1) designated smoking area shall be established in each facility where employee smoking shall be allowed. (Ord. 11642 § 5, 1988)

12.52.060 Compliance.

(1) Discipline: Discipline shall be imposed on any county officers or employee violating the county’s smoking ordinance in accordance with the applicable personnel policies and procedures. The primary objective of discipline with regard to the county’s smoking ordinance in the work environment shall be to correct behavior in violation of said policy, not to punish or penalize employees who smoke.

(2) Smoking Cessation Classes: For all officers and employees of Skagit County who wish to quit smoking, the county will sponsor smoking cessation classes for one (1) year after the effective date of the ordinance codified in this Chapter. officers and employees may also choose to use an alternative to the county’s sponsored smoking cessation classes. (Ord. 11642 § 6, 1988)

12.52.070 Implementation.

(1) Effective Date: The county-wide smoking ordinance shall become effective two weeks after the adoption of the ordinance codified in this Chapter.

(2) Notification: All county offices and departments shall post notification of the county-wide uniform smoking ordinance on appropriate bulletin boards or by any other appropriate means. (Ord. 11642 § 7, 1988)