Modoc County Municipal Code Ch. 8.26 Smoking

The board finds that smoking tobacco in enclosed areas creates a significant health risk for smokers and for nonsmokers who breathe second-hand smoke in such areas. The purpose of this chapter is to protect nonsmokers and smokers from this significant health hazard. The board further finds and declares that, with respect to smoking, the right of nonsmokers to breathe smoke-free air is paramount to the interest of smokers in breathing smoke. The board further finds that there is no possibility that the adoption of this chapter may have a significant effect on the environment.

(Ord. 290 (part), 1989)

A. No person shall smoke within any enclosed county-owned or county-leased facility in the county, except in areas which the board of supervisors may from time to time by board order designate as smoking areas. Such areas shall be marked with signs indicating that smoking is permitted. No person shall smoke within any county-owned or county-leased vehicle as defined in the Vehicle Code of the state, at any time when a nonsmoker is also occupying the vehicle.

B. For the purpose of this chapter, "smoke" or "smoking" means the burning of tobacco or other combustible substances in any cigar, cigarette, pipe or similar article or device.

C. Notwithstanding the provisions of this section, the sheriff-coroner shall have the right to determine and set the smoking policy in the jail lockup area.

(Ord. 290 (part), 1989)

This chapter may be enforced by any peace officer with jurisdiction.

(Ord. 290 (part), 1989)

A. Any person violating any regulatory or prohibiting provision of this chapter shall be guilty of an infraction. However, the third or any subsequent violation of any regulatory or prohibiting provision of this chapter by the same person within any twelve-month period may be prosecuted and punished as a misdemeanor.

B. A separate offense is committed for each and every act, event, or occurrence in violation of any regulatory or prohibitory provision of this chapter. A separate offense is committed for each and every day, or part of a day, during which any such violation is caused, committed, continued or permitted. Each offense shall be punishable separately from every other offense.

(Ord. 290 (part), 1989)

A. The right of nonsmokers to breath smoke-free air, as set forth in Section 8.26.010 of this chapter, shall be the guiding principle in any dispute arising under any provision of this chapter.

B. It is necessity for the preservation of the public peace, health and safety that the ordinance codified in this chapter take effect October 16, 1989, to provide relief to nonsmokers from the danger and discomfort of secondhand smoke.

(Ord. 290 (part), 1989)