Mendocino County Municipal Code Ch. 9.20 Smoking in County Buildings

This Chapter shall be known and cited as the Smoking Chapter of the Mendocino County Code.

(Ord. No. 1275, adopted 1974.)

The Mendocino County Board of Supervisors finds and declares that tobacco smoke is hazardous to public health and offensive to a substantial number of members of the public.

The U.S. Environmental Protection Agency has determined that tobacco smoke is a major source of indoor air pollution, and that side-stream smoke is currently classified as a Class A carcinogen.

The Surgeon General ("Health Consequences of Involuntary Smoking," 1986) concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer.

Employees subjected to prolonged exposure to side-stream smoke in the workplace have been found in scientifically conducted studies to experience loss of job productivity and some have been forced to take periodic sick leave because of reactions to secondhand smoke.

Research reveals that side-stream smoke causes a significant amount of cardiovascular disease in the U.S., and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with side-stream smoke.

Smoking in workplaces is a major cause of fires and damage to equipment, as well as costly repairs to furniture, vehicles and fixtures.

"Simple separation of smokers and nonsmokers with the same air space may reduce, but does not eliminate, exposure of nonsmokers to environmental tobacco smoke." ("The Health Consequences of Involuntary Smoking," 1986 Surgeon General's Report).

Smoking results in serious and significant physical discomfort and health hazard to nonsmokers, and constitutes an impediment to public health in the workplace.

(Ord. No. 1275, adopted 1974; Ord. No. 3792 Sec. 1, adopted 1991.)

(a) The term "county building" refers to any building owned or leased by the County of Mendocino which accommodates county employees acting within the scope of their employment.

(b) The term "outdoor area" refers to the Mendocino County Low Gap compound (bordered on the east by Bush Street, the north by Low Gap Road, the west by the western boundary of the county Jail and the south by the drive separating County facilities from Pomolita School property and Low Gap Park). Outdoor areas also includes the space within 15 feet of doorways and windows of any building owned or leased by the County not within the above-described compound, unless this boundary is not under the control of the County. Except as specified otherwise in Sec. 9.20.040, parking areas and private vehicles are not "outdoor areas."

(c) The term "county vehicle" refers to any vehicle owned or leased by the County of Mendocino which accommodates county employees acting within the scope of their employment.

(d) The term "tobacco smoke" refers to the smoke produced by the combustion of tobacco by any means, including but not limited to, cigarettes, cigars, and pipes.

(e) The term "tobacco byproduct" refers to any substance expectorated by anyone using chewing tobacco or any smokeless tobacco product.

(Ord. No. 1275, adopted 1974; Ord. No. 3792 Sec. 2, adopted 1991; Ord. No. 3988 Sec. 1, adopted 1997.)

It shall be unlawful and an infraction for any member of the general public, or any other person including any county employee or elected official, to cause the production of tobacco smoke or byproduct of tobacco within any county building or vehicle or any outdoor area of any county building, which has not been designated as a smoking area by the County Administrative Officer.

(Ord. No. 1275, adopted 1974; Ord. No. 3616, adopted 1986; Ord. No. 3696, adopted 1988; Ord. No. 3792 Sec. 3, adopted 1991; Ord. No. 3988 Sec. 2, 1997.)