Humboldt County Municipal Code Ch. 1 Regulation of Smoking

Sections: Findings; Purpose. Definitions. Application of Chapter; Intent. Smoking Prohibited. Posting of Signs. Enforcement. Non-Retaliation. Violations and Penalties. Severability. 971-1. Findings; Purpose. (a) The Board of Supervisors finds as follows: (Repealed and reenacted by Ord. 1993, § 1, 01/19/1993) (1) The Scientific Advisory Board of the Environmental Protection Agency has identified tobacco smoke as a Class A Carcinogen - a substance know to cause cancer in humans - and has identified exposure to second- hand smoke as the third-leading cause of preventable death. (Repealed and reenacted by Ord. 1993, § 1, 1/ 19/1993) (2) Tobacco smoking is a major cause of cancer of the lung, mouth, larynx, esophagus, pancreas, and bladder, and is a major contributor to cardiovascular disease and chronic obstructive lung disease. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993) (3) Health hazards induced by breathing second-hand smoke include lung cancer, cardiovascular disease, respiratory infection, broncho constriction, broncho spasm, decreased respiratory function, coughing, rhinitis, and headaches. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993) (4) At special risk for health problems due to second-hand tobacco smoke exposure are: elderly people, children, individuals with impaired respiratory functions, including asthmatics and those with obstructive airway disease. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993) (5) Smoking is a potential cause of fires, and increases cost for repair, maintenance, and cleaning of offices and equipment. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993) (b) The Board of Supervisors declares that the purposes of this chapter are (1) to protect the public health and welfare by prohibiting smoking in all County buildings, and (2) to guarantee the right of non-smokers to breathe smoke free air, and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993)

971-2. Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: (Ord. 1814, § 1, 12/15/1987) (a) “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant, or other combustible material in any form. (Ord. 1814, § 1, 12/15/1987; repealed and reenacted by Ord. 1993, § 1, 1/ 19/1993) (b) “County Building” is defined to include: (Repealed and reenacted by Ord. 1993, § 1, 01/19/1993; Ord. 2225, § 1, 10/17/2000) (1) Any building, structure, or space owned, leased, rented or controlled by the County; (Ord. 2225, § 1, 10/ 17/2000) (2) The area surrounding any structure owned or controlled by Humboldt County to a maximum of 30 feet or to the property line, whichever is less; (Ord. 2225, § 1, 10/17/2000) (3) Any motor vehicle owned, leased, or rented by the County; and (Ord. 2225, § 1, 10/17/2000) (4) Any other County owned property as designated by the County Health Officer. (Ord. 2225, § 1, 10/17/ 2000) (c) “Enclosed” means closed in by a roof and four (4) walls with appropriate opening for ingress and egress. (Ord. 1814, § 1, 12/15/1987) (d) “Employee” means any person who is employed by the County of Humboldt. Employees include those employed full-time, part-time, temporary or contracted for from a third party. (Ord. 1814, § 1, 12/15/1987; repealed and reenacted by Ord. 1993, § 1, 1/19/1993; Ord. 2225, § 1, 10/17/2000) 971-3. Application of Chapter; Intent. The provisions of this chapter shall apply to all County buildings, including motor vehicles, whether located inside or outside the boundaries of incorporated cities. (Ord. 1814, § 1, 12/15/1987; repealed and reenacted by Ord. 1993, § 1, 1/19/1993) 971-4. Smoking Prohibited. Smoking shall be prohibited in all County buildings. (Ord. 1814, § 1, 12/15/1987; repealed and reenacted by Ord. 1993, § 1, 1/19/1993)

971-5. Posting of Signs. “No Smoking” signs with letters of not less than one inch (1") in height 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 room, building or other place where smoking is regulated by this chapter by the County or other person having control of such building or other place. The signs provided for by this subsection shall list the phone number of the County Health Officer or other enforcement officer. (Ord. 1814, § 1, 12/15/1987; repealed and reenacted by Ord. 1993, § 1, 1/19/1993) 971-6. Enforcement. (a) Enforcement shall be implemented by the County Health Officer or his/her designee. (Ord. 1814, § 1, 12/15/ 1987; repealed and reenacted by Ord. 1993, § 1, 1/19/1993) (b) Any citizen or County employee who desires to register a complaint under this chapter may register such complaint with the County Health Officer. (Ord. 1814, § 1, 12/15/1987) (c) Any owner, manager, operator or employee of any establishment controlled by this chapter may inform persons violating this chapter of the appropriate provisions thereof. (Ord. 1814, § 1, 12/15/1987) (d) Each department head shall supply a written copy of this chapter to all newly hired employees. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993) 971-7. Non-Retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free environment afforded by this chapter. (Ord. 1814, § 1, 12/15/1987; repealed and reenacted by Ord. 1993, § 1, 1/19/1993) 971-8. Violations and Penalties. (a) It shall be unlawful for any person to smoke in any area restricted by the provisions of this chapter. (Ord. 1814, § 1, 12/15/1987) (b) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: (Ord. 1814, § 1, 12/15/1987) (1) A fine not exceeding One Hundred Dollars ($100) for a first violation. (Ord. 1814, § 1, 12/15/1987) (2) A fine not exceeding Two Hundred Dollars ($200) for a second violation. (Ord. 1814, § 1, 12/15/1987)

(3) A fine not exceeding Five Hundred Dollars ($500) for each additional violation of this article within one (1) year. (Ord. 1814, § 1, 12/15/1987) (c) The County Health Officer or his/her designee, is hereby authorized to institute and pursue on behalf of the County, enforcement of this chapter. (Repealed and reenacted by Ord. 1993, § 1, 1/19/1993; Ord. 2308, § 21, 9/23/ 2003) 971-9. Severability. If any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1814, § 1, 12/15/1987; Ord. 1993, § 1, 1/19/1993; repealed and reenacted by Ord. 1993, § 1, 1/19/1993) Chapter 1 – § 981-1 through 981-9. Chapter 2 – § 982-1 through 982-9. Chapter 3 – § 983-1 through 982-9.