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Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
A. Private residences, unless said residence is used as a child care or a health care facility;
B. Bars;
C. Hotel and motel rooms rented to guests;
D. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;
E. Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions;
F. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and private enclosed offices, excepting places in which smoking is prohibited by the fire department or by any other law, ordinance or regulation.
(Ord. 563, 1990).
A. "Smoking" or "No Smoking" signs, whichever are appropriate, 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 clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place.
B. Every restaurant regulated by this ordinance will have posted at its entrance a sign clearly stating that a nonsmoking section is available, and every patron shall be asked as to his or her preference.
(Ord. 563, 1990).
A. Administration of this chapter shall be by the Butte County Health Department or its designees.
B. Any citizen who desires to register a complaint hereunder may request the Butte County Health Department or its designees to consider enforcement by either of the following actions:
1. Serving notice requiring the correction of any violation of this chapter;
2. Calling upon the district attorney to maintain any action for injunction to enforce the provisions of this chapter, to cause the correction of any such violation, and for assessment and recovery of the penalty for such violation.
C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof.
D. The fire department or the health department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, or operator or other person having control of such establishment that all requirements of this chapter have been complied with.
E. No Liability for Nonenforcement. In undertaking the enforcement of this chapter, the county 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.
F. When the provisions of this chapter are not remedied by county officials, civil action against Butte County is denied and county is absolved for any responsibility to enforce and/or any liability for failure to enforce.
(Ord. 563, 1990).
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to: properly post signs required hereunder; provide signs for the use of employees in designating their areas; properly set aside "no smoking" areas; to adopt a smoking restriction policy; or to comply with any other requirements of this chapter.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. It is unlawful to mutilate or destroy any signs required by this chapter.
D. Any person/business who violates subsections A, B, or C of this section, or any other provisions of this chapter, is guilty of an infraction and upon conviction thereof shall be punished by:
1. 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 chapter within one year;
3. A fine, not exceeding five hundred dollars, for each additional violation of this chapter within one year.
E. The provisions of this section may be enforced in the manner in which infractions are customarily enforced within the city.
(Ord. 563, 1990).
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