Sutter County Municipal Code Ch. 360 Prohibition of Tobacco Products at Sutter County Jail

The board of supervisors hereby finds and declares that the importation into and use in the Sutter County Jail of tobacco, tobacco products, and tobacco paraphernalia constitutes a serious health hazard to jail inmates and staff both due to primary use of the products and secondary effects of smoke transmitted throughout the facility. The board of supervisors further finds and declares that the importation into and use in the jail of tobacco, tobacco products, and tobacco paraphernalia constitute a fire hazard which could result in personal injury and property damage, and which fire hazard along with increased cleaning and repair efforts will increase needed staff time and thus unnecessarily add to the county's cost of administering the jail.

The following words and phrases, whenever used in this ordinance, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.

Tobacco products means:

(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco snuff;

(2) Any electronic smoking device that delivers nicotine or other vaporized liquids to the person inhaling the device; and

(3) Any component, part, or accessory of a tobacco product, whether or not sold separately. Products like nicotine patches that the U.S. Food and Drug Administration has approved as cessation products or for other therapeutic purposes are not included.

Smoking paraphernalia means any device, contrivance, instrument, or paraphernalia intended to be used for consuming any tobacco product.

(Ord. No. 1647, § 1, 5-8-2018)

(a) Any person who knowingly brings into the Sutter County jail, any tobacco product without having authority to do so as specified in the rules and regulations of the Sutter County Sheriff's Department or by the specific authorization of the Sutter County Sheriff or the commander of the Sutter County jail or other person in charge of the Sutter County jail is guilty of a misdemeanor.

(b) Any person who knowingly brings into the Sutter County jail smoking paraphernalia without having authority to do so as specified in the rules and regulations of the Sutter County Sheriff's Department or by the specific authorization of the Sutter County Sheriff or the commander of the Sutter County jail or other person in charge of the Sutter County jail is guilty of a misdemeanor.

(a) Any person who knowingly has in his or her possession in the Sutter County jail any tobacco product without having authority to do so as specified in the rules and regulations of the Sutter County Sheriff's Department or by the specific authorization of the Sutter County Sheriff or the commander of the Sutter County jail or other person in charge of the Sutter County jail is guilty of a misdemeanor.

(b) Any person who knowingly has in his or her possession in the Sutter County jail any smoking paraphernalia without having authority to do so as specified in the rules and regulations of the Sutter County Sheriff's Department or by the specific authorization of the Sutter County Sheriff or the commander of the Sutter County jail or other person in charge of the Sutter County jail is guilty of a misdemeanor.

(a) For each individual violation of section 360-030, a person may be punished by incarceration in the county jail for a period not to exceed six months, or by a fine not to exceed five hundred dollars ($500.00), or both.

(b) For each individual violation of section 360-040, a person may be punished by incarceration in the county jail for a period not to exceed six months, or by a fine not to exceed five hundred dollars ($500.00), or both.

The prohibitions and sanctions addressed in this chapter shall be clearly and permanently posted outside of, and at the entrance to, the Sutter County jail.

(Ord. 1203, Sec. 1; July 26, 1994)