Chapter 24 — SMOKING

The Board finds that smoking tobacco in enclosed areas creates a significant health risk for smokers and for nonsmokers who breathe secondhand 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.

(§ I, Urgency Ord. 88-6, eff. April 26, 1988)

No person shall smoke within any enclosed County-owned or County-leased facility in the County. No person shall smoke within any County-owned or County-leased vehicle as defined in the Vehicle Code of the State.

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

Notwithstanding the provisions of this section, the Sheriff-Coroner shall have the right to determine and set the smoking policy in his department and in the jail facilities under his control, unless the Board acts to set a specific policy for the Sheriff-Coroner Department and the jail facilities.

(§ 1, Urgency Ord. 88-6, eff. April 26, 1988)

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

(§ 1, Urgency Ord. 88-6, eff. April 26, 1988)

(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 (12) 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.

(§ I, Urgency Ord. 88-6, eff. April 26, 1988)

The right of nonsmokers to breathe smoke-free air, as set forth in Section 2-24.01 of this chapter, shall be the guiding principle in any dispute arising under any provision of this chapter.

(§ I, Urgency Ord. 88-6, eff. April 26, 1988)