Plumas County Municipal Code Ch. 12 Smoking Regulations

This chapter shall be known as the "Plumas County Smokefree Ordinance."

(§ 1, Ord. 90-731, eff. July 15, 1990, as amended by § 2, Ord. 94-831, eff. May 3, 1994)

Plumas County is dedicated to providing a healthy, comfortable, and productive environment for all employees and the public. To that end, a Smokefree Ordinance governing County-owned or County-leased property and vehicles is hereby adopted. The intent of this chapter is to protect indoor air quality and contribute to overall improved public health, safety, and wellbeing.

(§ 1, Ord. 90-731, eff. July 15, 1990, as amended by § 3, Ord. 94-831, eff. May 3, 1994)

For the purpose of this chapter the words set out in this section shall have the following meanings:

"Smoking" shall mean the burning of tobacco or other combustible substance in any cigar, cigarette, pipe or similar article or device.

(§ 1, Ord. 90-731, eff. July 15, 1990)

Smoking is prohibited in the following: (1) any County building, whether or not the building is owned or leased, including offices, hallways, waiting rooms and work areas; (2) in any County vehicle, whether or not the vehicle is owned or leased.

The County Board of Supervisors may, by resolution, designate outdoor smoking areas to be signed, maintained and provided with ashtrays. Outdoor areas such as fire escapes and spaces adjacent to windows and doors are not outdoor smoking areas unless designated by the Board's resolution.

(§ 1, Ord. 90-731, eff. July 15, 1990, as amended by § 4, Ord. 94-831, eff. May 3, 1994)

No person or employer or Appointing Official 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 afforded by this chapter.

(§ 1, Ord. 90-731, eff. July 15, 1990)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise prohibited or restricted by other applicable laws or regulations, including health, safety or fire codes. To the extent any provision of this chapter is superseded by or is inconsistent with any other applicable law or regulation, including penal provisions thereof, such other law or regulation shall govern.

(§ 1, Ord. 90-731, eff. July 15, 1990; § 3, Ord. No. 04-1000, adopted February 19, 2004)

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

(§ 1, Ord. 90-731, eff. July 15, 1990)

Any person violating any provision of this chapter shall be guilty of an infraction. A separate offense is committed for each and every act, event or occurrence in violation of any provision of this chapter. Each offense shall be punishable separately from every other offense.

(§ 1, Ord. 90-731, eff. July 15, 1990, as amended by § 5, Ord. 94-831, eff. May 3, 1994)

The right of nonsmokers to breathe smokefree air, as set forth in this chapter shall be the guiding principle in any dispute arising under any provision of this chapter.

(§ 1, Ord. 90-731, eff. July 15, 1990)

The provisions of California Labor Code Section 6405.5 may be enforced by any peace officer, as defined in the California Penal Code, and by the Director of the Plumas County Public Health Agency, and by any employee or independent contractor designated by the Director. The Director of the Public Health Agency and any designated employees and/or independent contractors are hereby granted citation authority in connection with enforcement of State and local laws and regulations relating to smoking, and are therefore authorized to issue citations for violations of California Labor Code Section 6404.5.

(§ 2, Ord. No. 04-1000, adopted February 19, 2004)