Contra Costa County Municipal Code Ch. 445-8 Enforcement

(a) A person may not smoke in any place where smoking is prohibited by this division.

(b) A person who owns, manages, operates or otherwise controls the use of any place where smoking is prohibited by this division may not knowingly or intentionally permit smoking in those places. For purposes of this subsection, a person has acted knowingly or intentionally if the person has not taken the following actions to prevent smoking by another person: (1) requested that a person who is smoking refrain from smoking; and (2) requested that a person who is smoking leave the place if the person refuses to stop smoking after being asked to stop. This section does not require physically ejecting a person from a place or taking steps to prevent smoking under circumstances that would involve risk of physical harm.

(c) The presence or absence of the signs required by Section 445-4.008 is not a defense to the violation of any other provision of this division.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2009-26, § IV, 10-20-09; Ords. 2006-66 § 7, 91-44 § 2)

The county may seek compliance with this division by any remedy allowed under this code, including but not limited to administrative fines (Chapter 14-12), infraction citations (Section 14-8.008), and any other remedy allowed by law.

(Ords. 2006-66 § 7, 2003-01 § 4, 98-43 § 2, 91-44 § 2)

Any person may initiate enforcement of this division by notifying the director of health services or the director of health services' designee of any violation.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2006-66 § 7, 91-44 § 2)

For purposes of determining liability of persons, firms, corporations, or controlling franchises with business operations in multiple locations, each individual business location shall be deemed a separate entity.

(Ords. 2006-66 § 7, 2003-01 § 4, 98-43 § 2).

No person shall retaliate against any employee or applicant for employment because the employee or applicant exercises any rights afforded by this division.

(Ords. 2006-66 § 7, 91-44 § 2)

This division shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ords. 2006-66 § 7, 91-44 § 2)