(A) Title. This section shall be known as the “Decatur County Tobacco Free Act of 2006".
(B) Findings and intent. The Commissioners of the county do hereby find that: numerous studies have found that tobacco use is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease and lung cancer.
(1) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in buildings with high rates of ventilation.
(2) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on furniture and fixtures cause economic damage to the county.
(3) Accordingly, the Board of Commissioners of the county finds and declares that the purpose of this section is to protect the public health and welfare by prohibiting tobacco use in all buildings owned or leased by the county.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. All buildings owned or leased by the county.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form.
TOBACCO USE. Smoking, chewing or maintaining tobacco on one’s self to derive the effect of tobacco.
(D) Application of section to county-owned facilities. All buildings owned or leased by the county shall be subject to the provisions of this section.
(E) Prohibition of tobacco use in county buildings. Tobacco use shall be prohibited in all enclosed areas which include all buildings owned, leased or operated by the county, and within 25 feet of the entrances to any building.
(F) Cessation. Tobacco cessation programs shall be offered to all county employees at no charge as long as State Tobacco Prevention and Cessation allows the County Tobacco Awareness Coalition to provide such programs.
(G) Posting of signs. “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 and conspicuously posted in every building owned by the county where smoking is prohibited by this section.
(H) Enforcement. This section shall be enforced by department heads or an authorized designee. Any citizen who desires to register a complaint under this section may initiate enforcement with department heads or an authorized designee.
(I) Other applicable laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 2005-13, passed 12-19-2005) Penalty, see § 30.99