Los Angeles County Municipal Code Ch. 2.126 Smoking in County Facilities

The board of supervisors finds and declares as follows:

A.

The Surgeon General of the United States has concluded that passive smoke exposure is the third leading cause of preventable death in the United States;

B.

The United States Environmental Protection Agency has found second-hand smoke to be a known carcinogen;

C.

It is recognized that the county has a responsibility to establish, maintain and promote a healthful and safe working environment and to reduce health and safety risks of its employees and the public at large;

D.

Tobacco smoke is a hazard to the health of county employees and the general public and represents an annoyance which should be regulated and banned in all county facilities to the end that air quality in all such facilities be improved for the preservation and improvement of the health of all county employees and the public.

(Ord. 92-0014 § 1, 1992.)

As used in Sections 2.126.010 through 2.126.070:

A.

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, vapors from an electronic smoking device, and the smoke of cannabis or any other like substance.

B.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or plant product, or using any other method or device that delivers nicotine, cannabis or other like substances to a person.

C.

"Building proprietor" means the designated department which has full authority and responsibility for overseeing the provision of services for the operation and maintenance of a single- or multi-tenant County building and grounds.

D.

"Cannabis" has the meaning set forth in California Business and Professions Code section 26001, as that section may be amended from time to time.

E.

"Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine, cannabis, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. The term "electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor.

(Ord. 2019-0011 § 1, 2019: Ord. 92-0014 § 2, 1992.)

A.

The objectives of Sections 2.126.010 through 2.126.080 are to control smoking, to the extent any employee may have an environment in which to work that is unpolluted by tobacco smoke.

B.

To the greatest extent possible, the rights and comfort of all employees shall be respected. Reasonable effort shall be made to provide smokers a place to smoke in areas open to the sky or otherwise located outside county facilities.

(Ord. 92-0014 § 3, 1992.)

A.

Except as provided in this Chapter 2.126, all portions of County-owned facilities and all portions of facilities leased by or from the County, which areas are not open to the sky, shall be designated as "no smoking" areas.

B.

All County vehicles shall be designated as "no smoking" vehicles.

C.

This Chapter 2.126 shall not be applicable to County-owned facilities leased from the County prior to February 21, 1992, until such time as those existing leases expire and/or terminate in accordance with those lease terms.

D.

Smoking, including the use of electronic smoking devices, is prohibited in the following areas of County facilities:

Within 50 feet of any operable entry or exit door or operable window of any County building and within 25 feet of any access ramp or handicap path.

Within any County parking lot, parking structure, or parking garage, whether enclosed or open to the sky.

Within any driving range and eating area, including outdoor eating areas, of any County golf course.

(Ord. 2019-0011 § 2, 2019: Ord. 92-0014 § 5, 1992.)

A.

In furtherance of the policy and objectives stated in Sections 2.126.010 and 2.126.030, and consistent with the provisions of this chapter 2.126, each county department shall develop and adopt, and thereafter maintain, a policy to control smoking within its workplace.

B.

Within 120 days from adoption of the ordinance amending Chapter 2.126, and thereafter as may be requested by the chief administrative officer, each county department shall report to the chief administrative officer the status of implementation of the department's no-smoking policy.

C.

Notification of the departmental policy shall be made to all employees as soon as adopted and to all new employees at the time of hire.

D.

With the prior written approval of the chief administrative officer, a department may designate any interior common or shared work area as a segregated area, with both smoking and no-smoking sections. Any such designation shall meet conditions specified by the chief administrative officer, which condition may include but not be limited to, the following:

The area is not open to the general public;

Employees are assigned to a post or station within the area at which work cannot be interrupted; and

Employees assigned to such post or station cannot reasonably be provided rest periods or work breaks away from the post or station.

The smoking section(s) in any such segregated area shall be located in proximity to the return-air inlet of the air-conditioning system whenever possible.

E.

The general public shall conform to these rules wherever applicable.

F.

Nothing in these sections shall be construed to require the county or any individual department of the county to make structural changes or other physical modifications to existing facilities.

(Ord. 92-0014 § 6, 1992.)

A.

International no-smoking signs and other appropriate signs which designate no-smoking areas established by this chapter 2.126 shall be clearly, sufficiently and conspicuously posted in every room, building or other place so covered by this chapter. The manner of such posting, including the wording, size, color and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the building proprietor so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this chapter.

B.

No person shall wilfully mutilate or destroy any sign required by this section.

(Ord. 92-0014 § 7, 1992.)

Except as provided in this chapter 2.126 or as otherwise expressly provided by lease or other written agreement approved by the board of supervisors prior to the effective date of the ordinance codified in this section, the sale of tobacco products, including but not limited to cigarettes, cigars, and pipe tobacco, shall be prohibited in all portions of county-owned facilities and all portions of facilities leased by the county.

(Ord. 92-0014 § 8, 1992.)

Violation of this chapter shall constitute an infraction.

(Ord. 92-0014 § 9, 1992.)