HomeMy WebLinkAboutORDINANCES - 09241991 - 91-44 ORDINANCE NO. 91-44
(Amending the Smoking Ordinance)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I : Division 440 (Sections 440-2.002 through 440-2.022 inclusive) of the
County Ordinance Code is repealed.
SECTION II: Division 440 (Sections 440-2.002 through 440-12.008 inclusive) is
added to the County Ordinance code to read:
Division 440
TOBACCO PRODUCTS
Chapter 440 - 2
FINDINGS AND DEFINITIONS
440-2.002 Findings. (a) The board of supervisors of the
County of Contra Costa hereby finds that:
(1) The U.S. Environmental Protection Agency has determined
that tobacco smoke is the major contributor of particulate . in door
air pollution; and
(2) Reliable studies have shown that breathing sidestream or
secondhand smoke is a significant health hazard, in particular for
elderly people, individuals with cardiovascular disease, and
individuals with impaired respiratory function; including asthmatics
and those with obstructive airway disease; and
(3). Health hazards induced by breathing sidestream or
secondhand smoke include heart disease, lung cancer, respiratory
infection, decreased exercise tolerance, decreased respiratory
function, bronchoconstriction, and bronchospasm; and
(4) Nonsmokers with allergies, respiratory diseases and those
who suffer other ill effects of breathing sidestream or secondhand
smoke may experience a loss of job productivity or may be forced to
take periodic sick leave because of adverse reactions to same, and
(5) The smoking of tobacco, or any other weed or plant, is a
danger to health; and
(6) The health care costs and lost productivity incurred by
smoking-related disease and death represent a heavy and avoidable
financial drain on our. community; and
(7) A. The free distribution of cigarettes and other tobacco
products encourages people, to begin smoking and using tobacco
products, and tempts those who had quit smoking to begin smoking
again; and
ORDINANCE NO. 91_44
1
Page 3
equipment or the lighting or emitting or exhaling the smoke of a
pipe, cigar, or cigarette of any kind.
(10) "Sports Arena" means sports pavilions, gymnasiums, health
spas, boxing arenas, swimming pools, roller and ice rinks, bowling
centers, halls, and other similar places where members of the public
assemble to engage in physical exercise, participate in athletic
competition, or witness sports events.
(11) "Vending machine" means any electronic or mechanical
device or appliance the operation of which depends upon the
insertion of money, whether in coin or paper 'bill , or other thing
representative of value, which dispenses or releases a tobacco
product and/or tobacco accessories.
(12) "Bowling lane" means the bowler's approach, the foul
line and the lanes;
(13) "Bowlers' settee" means the area immediately behind the
bowling lane in which score is kept and seating is provided for
bowlers waiting their turn to bowl ;
(14) "Visitors' settee" means seating provided immediately
behind the bowlers' settee;
(15) "Bowling center concourse" means that area separated
from the bowling lane, bowlers' settee, and visitors' settee by at
least one step or a physical barrier.
Chapter 440-4
REGULATION OF SMOKING
440-4.002 County-owned facilities. (a)- . Smoking is
prohibited in all buildings, vehicles, or other enclosed areas
occupied by county employees, owned or leased by the county or
otherwise operated by the county.
(b) This prohibition is applicable to the grounds of the
County's Jails and County Juvenile System facilities to the extent
allowed by law.
440-4.004 Prohibition of smoking in enclosed places. Smoking
is prohibited in the following places within the unincorporated area
of Contra Costa County:
(1) All enclosed areas available to and customarily used by
the general public and all businesses patronized by the public,
including, but not limited to, retail stores, the common areas of
hotel and motels, pharmacies, banks, shopping malls, and other
offices;
(2) All restaurants. The owner, manager or operator of the
restaurant shall post signs as prescribed by Section 440-4.010(a)
and remove all ashtrays from tables.
(3) Waiting rooms, hallways, wards, and semi-private rooms of
health facilities, including, but not limited to, hospitals,
clinics, physical therapy facilities, doctors' offices, except that
health facilities shall also be subject to the provisions of Section
ORDINANCE NO. 91-44
Page 5
technical , administrative or other business or work functions; and,
conference and meeting rooms, classrooms, auditoriums, rest rooms,
medical facilities, hallways, and elevators.
(b) The provisions of this division shall be communicated to
all employees within three weeks of its adoption, and at least
annually thereafter.
440-4.008 Optional smoking areas. Notwithstanding any other
provisions of this division to the contrary, the following areas
shall not be subject to the smoking restrictions of this division:
(1) A private residence, including one which may serve �as a
place of employment, except when covered by Section 440-4.004(11) ;
(2) Bars, except as provided otherwise in this division;
(3) Licensed' cardrooms;
(4) Hotel and motel rooms rented to guests, provided however,
that each hotel and motel designates not less than 30% of their
guest rooms as , non-smoking rooms and removes ashtrays from these
rooms;
(5) Rooms in restaurants, hotel and motel conference or
meeting rooms and public and private assembly rooms while these
rooms are being used for private functions;
(6) Retail stores that deal exclusively in the sale of tobacco
and smoking paraphernalia;
(7) In places of employment, employers may provide specific
smoking areas for employees provided all of the following conditions
are met:
A. The smoking area shall be provided with a heating,
ventilating and air-conditioning (HVAC) system designed such that
none of the air from the smoking area will be recirculated into the
other areas of the building.
B. The smoking area shall be completely 'separated from the
remainder of the building by solid partitions or glazing without
openings other than doors, and all doors leading to the smoking area
shall be self-closing. The doors shall be provided with a gasket so
installed as to provide a seal where the door meets the stop on both
sides and across the top.
C. The smoking areas shall maintain a minimum negative
pressure of 0.005-inch water column relative to nonsmoking areas.
D. The employer shall submit written verification and test
results to the Cont,r.a Costa health services department or its
designees prepared by, a licensed mechanical contractor or engineer
that the HVAC system has been designed and tested and meets the
requirements set forth in subsections (a) through (c) above.
E. If the HVAC system is part of a smoke removal system or.
pressurization system, any modifications to these systems to pro'wide
smoking areas will require approval from the Fire Protection
District in which the room is located. Written verification of (this
approval shall be provided to the Contra Costa health services
department.
F. If the specific smoking area is an employee break room,
lunch room or other area which may be used by non-smoking employees,
ORDINANCE NO. 91-44
4
Page 7
Chapter 440-10
OUT OF PACKAGE SALES
440-10.002 Out of Package Sales. No person shall sell or offer for
sale cigarettes or smokeless tobacco not in the original packaging
provided by the manufacturer.
Chapter 440-12
ENFORCEMENT/PENALTIES
440-12.002 Enforcement. (a) Administration of this division
shall be by the Contra Costa health services department or its
designees.
(b) Any citizen who desires to register a complaint hereunder
may initiate enforcement consideration with the Contra Costa health
services department or its designees.
(c) Any owner, manager, operator or employer of any
establishment controlled by this division may inform persons
violating this division of the appropriate provisions thereof.
440-12.004 Penalties. (a) It is unlawful for any person who
owns, managers, operates or other wise controls the use of any
premises subject to the restrictions of this section to fail to
properly post signs required hereunder.
(b) It shall be unlawful for any person to smoke in any area
restricted by the provisions of this section.
(c) Any person or business who violates subsection (a) or (b)
herein; or any other provision of this section, shall be guilty of
an infractionpunishable by:
(i) A fine, not exceeding one hundred dollars, for the
first violation;
(2) A fine, not exceeding two hundred dollars, for a
second violation of this ordinance within one year;
(3) A fine, not exceeding five hundred dollars, for each
additional violation of this ordinance within one year.
440-12.006 Nonretaliation. No person or 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 rights afforded by this division.
440-12.008 Other applicable laws. This division shall not be
interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
44
ORDINANCE NO. gl-