Earlier editions: 2026-09
Chapter 32 — ORDINANCE REGULATING SMOKING AND SECONDHAND SMOKE
Sonoma County Municipal Code § 32-14 Liberal construction
Sonoma County Municipal Code · 2026-10 edition · updated 2026-10-04 · Sonoma County
Cite as: Sonoma County Municipal Code § 32-14 · Text as of 2026-10-04
Sec. 32-9. - Penalties.¶
(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this chapter to fail to comply with any requirements of this chapter.
(b) It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
(c) Except as may otherwise be provided by the laws of the state of any person or business, found to be in violation of any provisions of this chapter shall be guilty of an infraction, and may be punishable by:
(1) A fine, not exceeding one hundred dollars ($100.00), for the first violation;
(2) A fine, not exceeding two hundred dollars ($200.00), for a second violation of this chapter within one (1) year;
(3) A fine, not exceeding five hundred ($500.00), for each additional violation of this chapter within five (5) years.
(Ord. No. 5953, § I, 10-4-2011.)
Sec. 32-10. - Nonretaliation.¶
No person, employer or business shall intimidate or retaliate against another person who seeks compliance with this chapter.
(Ord. No. 5953, § I, 10-4-2011.)
Sec. 32-11. - Other applicable laws.¶
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. It is not the intent of this chapter to regulate smoking where such regulation has been preempted by state or federal laws. If the board of supervisors, or its designee, determines that a provision included herein has become preempted by federal or state law, that preempted provision shall be automatically rescinded from this chapter. Such rescission shall not affect the validity of the remaining portions of this chapter.
(Ord. No. 6078, § I(c), 6-24-2014; Ord. No. 5953, § I, 10-4-2011.)
Sec. 32-12. - Effective date.¶
The provisions of this chapter shall be effective sixty (60) days from and after the date of its adoption.
(Ord. No. 5953, § I, 10-4-2011.)
Sec. 32-13. - Statutory severability.¶
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter.
(Ord. No. 5953, § I, 10-4-2011.)
Sec. 32-14. - Liberal construction.¶
It is the intention of the board of supervisors that this chapter shall be liberally construed to accomplish its remedial objectives and to be compatible with federal and state enactments.
(Ord. No. 5953, § I, 10-4-2011.)
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