Kings County Municipal Code Art. I In General

It shall be unlawful for any person under the age of 21 years, to have in his possession, or to consume, any alcoholic beverage, as the same is defined under Section 23004, Business and Professions Code, of the Alcoholic Beverage Control Act, while in any tent, building, automobile, airplane, boat, vessel, garage, highway or any other public place in the county outside of any incorporated municipality in the county.

(Ord. No. 211, § 1, 4-24-51)

Cross reference— Prohibition in parks, § 16-23(15).

Editor's note— Ord. No. 579, § 1, adopted May 11, 1999, repealed § 8-2, which pertained to phrenology, etc. See the Code Comparative Table.

(a) Findings. The county board of supervisors ordains as follows:

(1) The United States Department of Health and Human Services has identified smoking as a major cause of cancer of the lungs, mouth, larynx, esophagus, pancreas, and bladder, and a major contributor to cardiovascular disease, respiratory infection and lung disease.

(2) Both the Department of Health and Human Services and the United States Environmental Protection Agency have identified exposure to second-hand smoke as also a major contributor of lung cancer, cardiovascular disease, respiratory infection, and obstructive lung disease.

(3) Smoking is also a potential cause of fire and increased costs for repair, maintenance, and cleaning of offices, vehicles and equipment.

(b) Purpose. The purpose of this section is:

(1) To protect the public health and welfare by prohibiting smoking in certain county buildings and county motor pool vehicles;

(2) To guarantee the right of non-smokers to breath smoke-free air; and

(3) To recognize the need to breath smoke free air as a priority over the desire to smoke.

(c) Definitions.

County building means a space owned, leased, rented or controlled by the county as a temporary or permanent place of employment for its employees. It includes but is not limited to portions of buildings and the county jails; provided, however, that any department head may permit smoking in enclosed private offices occupied by no more than one person.

County employee means any elected or non-elected county official, employee or any other person who is employed by the county. Employee includes any person employed full-time, part-time or temporary, or is a contract employee.

County motor pool vehicles means any county owned, rented or controlled motor driven car or truck assigned motor pool for the temporary general use of county employees.

Enclosed means closed in by a roof and four walls with appropriate openings for ingress and egress.

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant, or other combustible material in any form.

(d) Prohibition. Smoking is prohibited in all enclosed county buildings and county motor pool vehicles.

(e) Penalty. Any county employee who violates this chapter is subject to disciplinary action. Any other person not a county employee, including members of the general public, who violate this chapter shall be told to immediately stop smoking, and asked to leave county buildings if he or she refuses or fails to immediately stop smoking; failure or refusal to stop smoking or leave the county building is a civil trespass, and may be prosecuted accordingly.

(Ord. No. 518, §§ I—V, 2-22-93)