Yuba County Municipal Code Ch. 7.14 Prohibition of Tobacco Products at Yuba County Jail

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State Law reference— Smoking in public buildings, Government Code § 7596 et seq.

The Board of Supervisors hereby finds and declares that the importation into and use in the Yuba 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 constitutes 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.

(Prior Code, § 7.14.010; Ord. No. 1247)

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

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

Tobacco products means tobacco in any measurable quantity and in any form such as cigarettes, cigars, chewing tobacco, and snuff.

(Prior Code, § 7.14.020; Ord. No. 1247)

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

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

(Prior Code, § 7.14.030; Ord. No. 1247)

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

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

(Prior Code, § 7.14.040; Ord. No. 1247)

(a) For each individual violation of Section 7.14.030, 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 $1,000.00, or both.

(b) For each individual violation of Section 7.14.040, 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 $1,000.00 or both.

(Prior Code, § 7.14.050; Ord. No. 1247)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

The prohibitions and sanctions addressed in this Chapter shall be clearly and permanently posted outside of, and at the entrance to, the Yuba County Jail.

(Prior Code, § 7.14.060; Ord. No. 1247)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.