Tuolumne County Municipal Code Ch. 8.36 Clean Indoor Air and Health Protection Ordinance

Sections:

• 8.36.010

• Findings and purpose.

• 8.36.020

• Definitions.

• 8.36.030

• Application of chapter to county facilities.

• 8.36.040

• Prohibition of smoking in public places.

• 8.36.050

• Regulation of smoking in places of employment.

• 8.36.060

• Where smoking is not regulated.

• 8.36.070

• Posting of signs.

• 8.36.080

• Enforcement.

• 8.36.090

• Violations and penalties.

• 8.36.100

• Nonretaliation.

• 8.36.110

• Public education.

• 8.36.120

• Other applicable laws.

the county of Tuolumne do find that:

Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm.

Accordingly, the voters of Tuolumne County find and declare that the purposes of this chapter are: (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. (Ord. 2077 § 1, 1994).

phrases, whenever in use in this chapter, shall be construed as defined in this section:

"Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area

"Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold and nonprofit business entities when they are open to the public as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

"Dining area" means any area (enclosed and outdoor) containing a counter or tables upon which meals are served.

"Employee" means any person who is employed by an employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his/her or her services for a nonprofit entity.

"Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.

"Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (inclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

"Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but

not limited to work areas, employees lounges and restrooms, conference and classrooms, employee cafeterias and hallways, entrances and exits. A private residence is not a place of employment unless it is used as a child care or health care facility.

"Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a public place.

"Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the promises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in this section.

"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and account for at least fifty percent of the stores gross sales and in which the sale of other products is merely incidental.

"Service line" means any line or area (enclosed and outdoor) at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

"Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.

"Sports arena" means sports pavilions, grandstands, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. (Ord. 2077 § 1, 1994).

facilities. All enclosed facilities within the county shall be subject to the provisions of this chapter. (Ord. 2077 § 1, 1994).

places.

A. Smoking shall be prohibited in all enclosed public places within the county, including, but not limited to, the following places:

1. Elevators;

2. Buses, taxicabs, and other means of public transit under the authority of the county, and ticket, boarding, and waiting areas of public transit depots;

3. Retail stores;

4. All areas available to and customarily used by the general public in all business and nonprofit entities patronized by the public, including but not limited to attorneys' offices and other offices, banks, laundromats, hotels and motels;

5. Restaurants (enclosed and outdoor dining);

6. Public areas of aquariums, galleries, libraries and museums when open to the public;

7. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production;

8. Sports arenas (enclosed and outdoors) and convention halls;

9. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the county or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the county;

10. Waiting rooms, hallways, wards and other than private rooms of health facilities, including, but not limited to hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;

11. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;

12. Lobbies, hallways, and other common areas in multiple-unit commercial facilities;

13. Polling places;

14. Bars that are enclosed within a dining area.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment

C. In accordance with California Government Code Sections 7596-7598, smoking is prohibited within twenty (20) feet of any county, city, or state-owned, leased, or occupied building main entrances, exits, and operable windows.(.Ord. 2577 §1, 2004; Ord. 2077 § 1, 1994).

employment.

A. It shall be the responsibility of employers to provide a smoke free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications.

B. Within ninety days of the effective date of the ordinance codified in this chapter, each employer having an enclosed place of employment located within the county shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, entrances, exits, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

C. The smoking policy shall be communicated to all employees within three weeks of its adoption.

D. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. (Ord. 2077 § 1, 1994).

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private residences, except when used as a child care or health care facility;

2. Retail tobacco stores;

3. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions;

4. A residential care facility where a specific room with a separate ventilation system, is designated for smoking and the smoke does not impede the health of others.

B. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 2077 § 1, 1994).

A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.

B. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

C. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be upon the screen for at least five seconds prior to the showing of each feature. (Ord. 2077 § 1, 1994).

A. Enforcement of this chapter shall be implemented by the department of health.

B. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the department of health.

C. The health department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.

D. Any owner, manager, operator or employee of any establishment regulated by

this chapter may inform persons violating this chapter of the appropriate provisions thereof.

E. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter and allow prevailing parties to recover attorney's fees and costs. (Ord. 2077 § 1, 1994).

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.

B. It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of this chapter within one year from previous conviction;

3. A fine not exceeding five hundred dollars for each additional violation of this chapter within one year from previous convictions. (Ord. 2077 § 1, 1994).

employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter. (Ord. 2077 § 1, 1994).

health shall engage in a continuing program to explain and clarify the purpose and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected business and individuals explaining the provisions of this chapter. (Ord. 2077 § 1, 1994).

shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 2077 § 1, 1994).

Chapter 8.40

First 5 Tuolumne County Commission

Sections:

• 8.40.010

• Findings and purpose.

• 8.40.020

• Definitions.

• 8.40.030

• Establishment of commission.

• 8.40.040

• Establishment of trust fund.

• 8.40.050

• Membership.

• 8.40.051

• Commissioner Alternates.

• 8.40.060

• Terms - Appointment.

• 8.40.061

• Applying for funding and Conflict of Interest.

• 8.40.070

• Terms - Staggered.

• 8.40.080

• Vacancies and removal.

• 8.40.090

• Chairperson - Rules and regulations.

• 8.40.100

• Commission subject to Ralph M. Brown Act.

• 8.40.105

• Conflict of Interest Code.

• 8.40.110

• Compensation.

• 8.40.120

• Duties.