Yuba County Municipal Code Ch. 7.15 Smoking Regulations in County Buildings and Vehicles

Footnotes:

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

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this Chapter.

(1) Employee means any person who regularly performs services for the County of Yuba and who receives wages, a salary or other compensation for such services.

(2) Enclosed area means an area closed in by a roof and four walls with appropriate openings for ingress and egress.

(3) Health Department means the Yuba County Health and Human Services Department, Health Division and/or its designees.

(4) Health Officer means the Yuba County Health Officer or his or her designee.

(5) Smoking means the carrying or holding of a lighted cigarette, cigar, pipe or other similar smoking device or equipment, or emitting or exhaling smoke inhaled or otherwise ingested from a lighted cigarette, cigar, pipe or other similar smoking device or equipment.

(6) Vehicle means any passenger car, van, four-wheel drive, truck or "jeep" type of motor-driven conveyance.

(7) Year means 365 days.

(Prior Code, § 7.15.010; Ord. No. 1086)

All buildings owned/leased, now or in the future, by the County of Yuba are subject to the provisions of this Chapter.

(Prior Code, § 7.15.020; Ord. No. 1086)

All of the vehicles owned/leased by the County of Yuba now, or in the future, and assigned to the Yuba County Sheriff's Department, and/or to the Yuba County Motor Pool are subject to the provisions of this Chapter.

(Prior Code, § 7.15.030; Ord. No. 1086)

Smoking is prohibited in all County-owned/leased buildings and all County-owned vehicles, as defined in this Chapter.

(1) No public employee or member of the public shall smoke any product inside a County-owned/leased building, or in an outdoor area within 50 feet of the main exit, entrance or operable window of a County-owned/leased building.

(2) No public employee or member of the public shall smoke any tobacco product in the outdoor area within 50 feet of the main exit, entrance or operable window of the County's Packard Avenue facility.

(3) No public employee or member of the public shall smoke any tobacco product inside a County-owned/leased vehicle.

(Prior Code, § 7.15.040; Ord. No. 1086; Ord. No. 1526)

(a) "No Smoking" signs, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle not less than four inches in diameter with a red bar across it), shall be conspicuously posted in every building and vehicle where smoking is prohibited by this Chapter.

(b) "No Smoking/Smoke Free Area" signs shall be posted at the Packard Avenue facility to clearly identify the 50-foot perimeter within which smoking is prohibited.

(c) "No Smoking/Smoke Free Area-40-Foot Perimeter" signs shall be conspicuously posted at all public entrances at the Packard building and at frequent intervals on the perimeter of the 40-foot non-smoking zone surrounding the building.

(Prior Code, § 7.15.060; Ord. No. 1086)

(a) Administration of this Chapter shall be by the Yuba County Health Officer or his designee.

(b) In the undertaking of the enforcement of this Chapter, the County of Yuba is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(c) When the provisions of this Chapter are not remedied by County officials, civil action against Yuba County is denied and the County is absolved of any responsibility to enforce and/or any liability for failure to enforce.

(Prior Code, § 7.15.070; Ord. No. 1086)

It shall be unlawful for any person to mutilate or destroy any signs posted pursuant to the provisions of this Chapter.

(Prior Code, § 7.15.080; Ord. No. 1086)

Any person who violates any provision of this Chapter shall be guilty of an infraction and upon conviction thereof, shall be punished by:

(1) A fine, not exceeding $100.00 for the first violation;

(2) A fine, not exceeding $200.00 for the second violation occurring within the same year as a first violation; and

(3) A fine, not exceeding $500.00 for the third violation and any additional violation occurring within the same year as the initial violation.

(Prior Code, § 7.15.090; Ord. No. 1086)

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

This Chapter shall not be interpreted or construed to permit smoking where it is otherwise prohibited or restricted by other applicable laws or regulations. To the extent any provision of this Chapter is superseded by or is inconsistent with any other applicable law or regulation, including Penal provisions thereof, such other law or regulation shall govern. The Yuba County Health Officer and his/her designees as well as law enforcement agencies having jurisdiction are hereby empowered to enforce this Chapter and associated other laws and regulations relating to smoking. Citation authority in connection with enforcement of State and local laws and regulations relating to smoking is hereby granted to the Yuba County Health Officer and his/her designees.

(Prior Code, § 7.15.100; Ord. No. 1086)

If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the other provisions or clauses of this Chapter or application thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this Chapter are declared to be severable.

(Prior Code, § 7.15.110; Ord. No. 1086)