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PREFACE
ARTICLE I GENERAL PROVISIONS*
ARTICLE II DEFINITIONS*
ARTICLE III GENERAL RULES*
SEC. 50. GENERAL RULES.
SEC. 51. POWERS AND DUTIES OF OFFICERS, BOARDS, AND COMMISSIONS.
SEC. 51.5. LIMITATION ON AUTHORITY REGARDING ONSHORE OIL AND NATURAL GAS SUPPORT FACILITIES.
SEC. 52. APPOINTMENTS AND REMOVAL.
SEC. 52.5. [NOMINATIONS.]
SEC. 53. RESIGNATIONS.
SEC. 54. DISQUALIFICATION FROM COUNTY EMPLOYMENT, UNCLASSIFIED PERSONNEL.
SEC. 55. PREPARATION OF PAYROLLS.
SEC. 55.1. CERTIFICATION OF FINAL CLAIMS.
SEC. 56. LEAVES OF ABSENCE, UNCLASSIFIED PERSONNEL.
SEC. 57. HOLIDAYS / OFFICE HOURS.
SEC. 58. OFFICE HOURS FOR BRANCH OFFICES.
SEC. 59.
SEC. 60. ACCIDENT AND INJURY REPORTS.
SEC. 60.1. ACCIDENTS INVOLVING SERIOUS INJURY OR DEATH.
SEC. 60.2. DUTY OF OFFICER AND EMPLOYEES RE ACCIDENTS.
SEC. 60.3. [RESERVED.]
SEC. 60.4. [RESERVED.]
SEC. 61. RECEIPTS.
SEC. 62. PUBLIC RECORDS.
SEC. 62.1. PUBLIC RECORDS -- COPIES.
SEC. 62.3. PUBLIC RECORDS -- LIST OF EMPLOYEE INFORMATION.
SEC. 63. PUBLICATION OF REGULATORY LAWS.
SEC. 64. PROHIBITION ON USE OF ELECTRONIC SMOKING DEVICES IN AND AROUND COUNTY FACILITIES, COUNTY PUBLIC BUILDINGS AND OTHER LOCATIONS.
SEC. 65. LOST OR ABANDONED PERSONAL PROPERTY.
SEC. 66. ACCEPTANCE OF GIFTS.
SEC. 66.1. SHERIFF'S ASSET FORFEITURE PROGRAM.
SEC. 66.2. DISTRICT ATTORNEY ASSET FORFEITURE PROGRAM.
SEC. 66.3. [RESERVED.]
SEC. 66.4. CHIEF PROBATION OFFICER FORFEITURE PROGRAM.
SEC. 67. PROHIBITED CONTRACTS.
SEC. 68. SUBPOENAS.
SEC. 69. DISCHARGE FROM ACCOUNTABILITY FOR COLLECTION OF ACCOUNTS RECEIVABLE.
SEC. 70. CASH DIFFERENCE AND OVERAGE FUNDS.
SEC. 71. DUPLICATE WARRANT.
SEC. 71.1. PUBLIC ASSISTANCE WARRANTS.
SEC. 72. REPORTS BY COUNTY OFFICERS ON AUDITS AND GRAND JURY REPORTS.
SEC. 73. ACQUISITION OF INTERESTS IN REAL PROPERTY BY PURCHASE OR GIFT.
SEC. 73.1. ACQUISITION OF REAL PROPERTY BY LEASE OR LICENSE.
SEC. 73.2. DISPOSITION OF COUNTY-OWNED REAL PROPERTY.
SEC. 73.3. SUMMARY VACATION.
SEC. 73.4. [RESERVED.]
SEC. 73.5. [RESERVED.]
SEC. 73.6. [RESERVED.]
SEC. 73.7. [RESERVED.]
SEC. 73.8. [RESERVED.]
SEC. 73.9. [RESERVED.]
SEC. 73.10. EMPLOYMENT STANDARDS FOR COUNTY CONSTRUCTION PROJECTS.
SEC. 73.11. EMPLOYMENT STANDARDS FOR WORKERS ON COUNTY-OWNED LEASED PROPERTY.
SEC. 73.12. LIMITATIONS OF SCOPE OF SECTIONS 73.10 & 73.11.
SEC. 73.13. VIOLATIONS.
SEC. 73.14. SEVERABILITY.
SEC. 74. MANDATORY RETIREMENT AGE.
SEC. 74.1. [RESERVED.]
SEC. 74.2. [RESERVED.]
SEC. 74.3. [RESERVED.]
SEC. 75. REVOLVING CASH TRUST FUNDS.
SEC. 76. ACCEPTANCE OF NEGOTIABLE PAPER AND CREDIT CARDS.
SEC. 76.1. FEE FOR RETURNED CHECKS.
SEC. 77. TUITION REFUND.
SEC. 77.1. REPAYMENT OF SPECIALIZED TRAINING EXPENSES.
SEC. 77.2. OFF DUTY RECREATIONAL, SOCIAL OR ATHLETIC ACTIVITY AS WORK RELATED DUTY PROHIBITED.
SEC. 77.5. OFF DUTY RECREATIONAL, SOCIAL OR ATHLETIC ACTIVITY AS WORK RELATED DUTY PROHIBITED.
SEC. 78. [ACTIVITY PROHIBITED; PENAL PROVISIONS.]
SEC. 79. PROTECTIVE CLOTHING.
SEC. 79.1. REPAIR OR REPLACEMENT OF EMPLOYEES’ PERSONAL PROPERTY.
SEC. 79.2. [AVAILABILITY OF BOOKS, RECORDS.]
SEC. 80. IDENTIFICATION AND CONTROL OF MINOR EQUIPMENT AND CAPITAL ASSETS OTHER THAN REAL PROPERTY.
SEC. 81. CITIZENSHIP REQUIREMENTS.
SEC. 81.5. ADVERTISING ON COUNTY PROPERTY.
SEC. 81.6. VIOLATIONS - ADMINISTRATIVE REMEDIES.
ARTICLE IIIa ADVISORY COUNCIL FOR AGING AND INDEPENDENCE SERVICES*
ARTICLE IIIb COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY*
ARTICLE IIIc PAST GRAND JURORS ASSOCIATION IMPLEMENTATION REVIEW COMMITTEE*
ARTICLE IIIj AFFIRMATIVE ACTION PROGRAM*
ARTICLE IIIk AFFIRMATIVE ACTION PROGRAM FOR VENDORS*
ARTICLE III l AFFIRMATIVE ACTION ADVISORY BOARD*
ARTICLE IIIm AFFIRMATIVE ACTION PROGRAM -- EMPLOYMENT*
ARTICLE IIIn SAN DIEGO COUNTY COMMITTEE FOR PERSONS WITH DISABILITIES*
ARTICLE IIIo COUNTY OF SAN DIEGO CHILD ABUSE PREVENTION COORDINATING COUNCIL*
ARTICLE IIIp FIRST 5 COMMISSION OF SAN DIEGO*
ARTICLE IIIq SAN DIEGO COUNTY BUSINESS PRACTICES REVIEW COMMITTEE*
ARTICLE IIIr REGIONAL SECURITY COMMISSION*
ARTICLE IIIs NORTH COUNTY GANG COMMISSION*
ARTICLE IIIt POLINSKY CHILDREN’S CENTER ADVISORY BOARD*
ARTICLE IIIu SAN DIEGO SEX OFFENDER MANAGEMENT COUNCIL*
ARTICLE IIIv CHILD AND FAMILY STRENGTHENING ADVISORY BOARD*
ARTICLE IIIw ARTS AND CULTURE COMMISSION
ARTICLE IV SAN DIEGO COUNTY COMMISSION ON THE STATUS OF WOMEN AND GIRLS*
ARTICLE IV-A ASSESSOR / RECORDER / COUNTY CLERK*
ARTICLE IV-B ASSESSMENT APPEALS BOARD*
ARTICLE IV-C ASSESSMENT HEARING OFFICER*
ARTICLE V AUDITOR AND CONTROLLER*
ARTICLE V-A PROCESSING AND CERTIFICATION OF ROUTINE CLAIMS*
ARTICLE VI BOUNDARY CHANGES*
ARTICLE VII BUDGET AND FINANCIAL PROCEDURES AND APPROPRIATION, REVENUE AND STAFFING LIMITATIONS*
ARTICLE VIIa TEMPORARY TRANSFERS OF FUNDS TO SPECIFIED AGENCIES WITHIN THE COUNTY OF SAN DIEGO*
ARTICLE VIII CHIEF ADMINISTRATIVE OFFICER*
ARTICLE IX OFFICE OF COUNTY COUNSEL*
ARTICLE X CLAIMS AGAINST THE COUNTY*
ARTICLE X-A CLERK OF THE BOARD OF SUPERVISORS*
ARTICLE XI DEPARTMENT OF THE CHIEF MEDICAL EXAMINER*
ARTICLE XII COUNTY CLERK*
ARTICLE XII-A COUNTY LIBRARIAN*
ARTICLE XII-B DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES*
ARTICLE XII-C CITY/COUNTY TASK FORCE ON AGRICULTURAL/URBAN ISSUES AND PESTICIDES*
ARTICLE XII-D DEPARTMENT OF HUMAN RESOURCES*
ARTICLE XII-E PESTICIDE TASK FORCE*
ARTICLE XII-F COUNTY COMMUNICATIONS OFFICE**
ARTICLE XIII-A DEPARTMENT OF REVENUE AND RECOVERY*
ARTICLE XIII-B DEPARTMENT OF ANIMAL SERVICES*
ARTICLE XIV JUVENILE DELINQUENCY PREVENTION COMMISSION*
ARTICLE XV HEALTH AND HUMAN SERVICES AGENCY*
ARTICLE XV-AA SAN DIEGO COUNTY EYE GNAT ABATEMENT APPEALS BOARD*
ARTICLE XV-A SAN DIEGO COUNTY ENVIRONMENTAL HEALTH AND QUALITY ADVISORY BOARD*
ARTICLE XV-B HEALTH AND HUMAN SERVICES CHARGES AND FEES*
ARTICLE XV-C GENERAL RELIEF PROGRAM*
ARTICLE XVI CHILD CARE AND DEVELOPMENT PLANNING COUNCIL*
ARTICLE XVI-A ADVISORY BOARDS*
ARTICLE XVI-B SAN DIEGO COUNTY ANIMAL CONTROL ADVISORY COMMITTEE*
ARTICLE XVI-C SAN DIEGO COUNTY FISH AND WILDLIFE ADVISORY COMMISSION*
ARTICLE XVI-D SAN DIEGO COUNTY PARKS ADVISORY COMMITTEE*
ARTICLE XVI-E LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 - JULIAN ADVISORY COMMITTEE*
ARTICLE XVII SAN DIEGO COUNTY FOSTER CARE SERVICES COMMITTEE*
ARTICLE XVII-A SAN DIEGO COUNTY CHRISTOPHER COLUMBUS QUINCENTENARY COMMISSION*
ARTICLE XVII-B SAN DIEGO COUNTY HUMAN RELATIONS COMMISSION*
ARTICLE XVII-C EQUAL OPPORTUNITY MANAGEMENT OFFICE*
ARTICLE XVII-D WHISTLE BLOWER PROTECTION PROCEDURE; ESTABLISHMENT OF THE SAN DIEGO COUNTY WHISTLE BLOWER COMMISSION*
ARTICLE XVII-E SAN DIEGO COUNTY TECHNOLOGY OFFICE*
ARTICLE XVII-F SAN DIEGO COUNTY EVALUATION ADVISORY COMMITTEE*
ARTICLE XVIII CITIZENS LAW ENFORCEMENT REVIEW BOARD*
ARTICLE XVIIIa GRAZING ADVISORY BOARD*
ARTICLE XIX ADULT INSTITUTIONS*
ARTICLE XIXa YOUTH CORRECTION CENTER*
ARTICLE XX FEES AND CHARGES*
ARTICLE XXA JUVENILE FACILITIES*
ARTICLE XXI INTERGOVERNMENTAL REPRESENTATION*
ARTICLE XXIa RULES OF CONDUCT AND PROCEDURE FOR PLANNING AND ZONING PROCESS*
ARTICLE XXIb PLANNING AND ENVIRONMENTAL REVIEW BOARD*
ARTICLE XXII DEPARTMENT OF PLANNING & DEVELOPMENT SERVICES*
ARTICLE XXIIa OFFICE OF THE PUBLIC ADMINISTRATOR AND PUBLIC GUARDIAN*
ARTICLE XXIIb DEPARTMENT OF GENERAL SERVICES*
ARTICLE XXIIc DEPARTMENT OF INFORMATION SERVICES*
ARTICLE XXIII DEPARTMENT OF PURCHASING AND CONTRACTING*
ARTICLE XXIIIa RECORDER/COUNTY CLERK*
ARTICLE XXIV PARK AND RECREATION DEPARTMENT*
ARTICLE XXIV-A REGISTRAR OF VOTERS*
ARTICLE XXV SHERIFF*
ARTICLE XXVI DEPARTMENT OF PUBLIC WORKS*
ARTICLE XXVIa OUT-OF-COUNTY/IN-COUNTY BUSINESS*
ARTICLE XXVId LIMITATIONS ON MAKING GIFTS AND PROVIDING MEALS OR BEVERAGES*
ARTICLE XXVIe REIMBURSEMENTS AND ALLOWANCES*
ARTICLE XXVII BOARD OF SUPERVISORS*
ARTICLE XXVIII COUNTY OF SAN DIEGO CONFLICT OF INTEREST CODE*
ARTICLE XXVIIIa CODE OF ETHICS*
ARTICLE XXVIIId CONFLICT OF INTEREST INVOLVING FUNDING OF NONPROFIT ORGANIZATIONS*
ARTICLE XXIX [ORDINANCES REPEALED]*
ARTICLE XXX DEPARTMENT OF CHILD SUPPORT SERVICES*
ARTICLE XXXI PUBLIC IMPROVEMENT AND ASSESSMENT PROCEEDINGS*
ARTICLE XXXII CABLE TELEVISION REVIEW COMMISSION*
ARTICLE XXXIII COUNTY HEARING OFFICER*
ARTICLE XXXIV COMMUNITY REDEVELOPMENT AGENCY*
ARTICLE XXXV NOISE CONTROL HEARING BOARD*
ARTICLE XXXVI LITIGATION*
ARTICLE XXXVII DEPARTMENT OF PUBLIC DEFENDER*
ARTICLE XXXVIII DEPARTMENT OF ALTERNATE DEFENSE COUNSEL*
ARTICLE XXXVIII-A DEPARTMENT OF ALTERNATE PUBLIC DEFENDER*
ARTICLE XXXIX DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT*
ARTICLE XXXIX-A SAN DIEGO COUNTY HOUSING, INDUSTRIAL AND FINANCE REVIEW COMMITTEE*
ARTICLE XXXIX-B MOBILE HOME ISSUES COMMITTEE*
ARTICLE XL SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE*
ARTICLE XLI REMOVAL OF STRIKING EMPLOYEES*
ARTICLE XLI-A COUNTY OF SAN DIEGO INDUSTRIAL DEVELOPMENT AUTHORITY*
ARTICLE XLII SAN DIEGO COUNTY INTERNATIONAL TRADE COMMISSION*
ARTICLE XLIII SAN DIEGO COUNTY ADMINISTRATION CENTER (CAC) PARKING LOT AD HOC COMMITTEE*
ARTICLE XLIV SAN DIEGO COUNTY REGIONAL GROWTH AND PLANNING REVIEW TASK FORCE*
ARTICLE XLV TECHNICAL ADVISORY COMMITTEE ON HEALTH SERVICES MANAGEMENT*
ARTICLE XLVI SAN DIEGO COUNTY REGIONAL ADVISORY BOARD ON AIDS/HIV*
ARTICLE XLVII SAN DIEGO COUNTY TECHNICAL COMMITTEE ON WATER SUPPLY AND CONSERVATION*
ARTICLE XLVIII SAN DIEGO COUNTY MILITARY AND VETERANS ADVISORY COUNCIL*
ARTICLE XLIX SANTA FE VALLEY WORKING GROUP*
ARTICLE L THE TREASURER-TAX COLLECTOR ELIGIBILITY AND EDUCATIONAL REQUIREMENTS*
ARTICLE LI SAN DIEGO COUNTYWIDE MOBILEHOME TASK FORCE*
ARTICLE LIII SAN DIEGO COUNTY EMEK HEFER SISTER COUNTY COMMISSION*
ARTICLE LIV SAN DIEGO COUNTY SOLID WASTE HEARING PANEL*
ARTICLE LV SAN DIEGO COUNTY HEALTH SERVICES ADVISORY BOARD*
ARTICLE LVI SAN DIEGO COUNTY ALCOHOL AND DRUG ADVISORY BOARD*
ARTICLE LVII DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY*
ARTICLE LIX SAN DIEGO COUNTY SOCIAL SERVICES ADVISORY BOARD*
ARTICLE LX SAN DIEGO COUNTY PUBLIC WORKS ADVISORY BOARD*
ARTICLE LXI SAN DIEGO COUNTY FALLBROOK AIRPARK ADVISORY COMMITTEE*
ARTICLE LXII OFFICE OF EMERGENCY SERVICES*
ARTICLE LXIII PUBLIC SAFETY REALIGNMENT OF 2011*
ARTICLE LXIV DISTRICT ATTORNEY
CODE COMPARATIVE TABLE
STATE LAW REFERENCE TABLE
San Diego County Code of Regulatory Ordinances
San Diego County Board Policies
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SEC. 60.3.   [RESERVED.]
(Accident & Injury Reports, County Safety Coordinator, Central Safety Control Committee and Department Safety Officers. Added by Ord. No. 1281 (N.S.), adopted 2-10-53; repealed by Ord. No. 4602 (N.S.), effective 12-4-75)
SEC. 60.4.   [RESERVED.]
(Added by Ord. No. 1281 (N.S.), adopted 2-10-53; repealed by Ord. No. 4602 (N.S.), effective 12-4-75)
SEC. 61.   RECEIPTS.
   Every officer and employee of the County who now is or hereafter may be authorized by law or ordinance to collect or receive any fee, charge, fine, forfeiture, deposit or other moneys for any purpose as a part of official duties shall issue a receipt showing the payment or deposit thereof in the manner set forth in regulations issued by the Auditor & Controller. The Auditor & Controller may provide in the regulations: (1) the number and distribution of originals and copies of receipts; (2) for the destruction of any or all copies of such receipts when their usefulness for accounting purposes has ceased; (3) for the withholding or nondelivery of the receipt to the person making the payment or deposit: (a) when remittances are received through the United States mail in such form that, as determined by the Auditor & Controller, such receipt may be dispensed with or, (b) when large numbers of very small individual payments are being regularly collected and the department's internal control is such that the Auditor & Controller determines to dispense with the receipts.
(Amended by Ord. No. 1278 (N.S.), adopted 2-3-53; amended by Ord. No. 1440 (N.S.), adopted 1-4-55; amended by Ord. No. 1479 (N.S.), adopted 5-24-55; amended by Ord. No. 2180 (N.S.), adopted 2-14-61; amended by Ord. No. 6754 (N.S.), effective 5-10-84; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
SEC. 62.   PUBLIC RECORDS.
No officer or employee of the County shall make copies of public records outside of office hours and make a charge therefor, nor shall any County officer or employee make a charge or collect or retain for his own use any compensation for permitting any person to make or furnish copies of any public records.
(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)
SEC. 62.1.   PUBLIC RECORDS -- COPIES.
Unless a fee is otherwise prescribed by law or ordinance, an officer may furnish copies of public records under his control to a person upon payment in advance of a fee fixed by such officer, which fee shall be not less than the actual cost of labor and materials used in preparing and furnishing such copies. Where the total fee cannot be computed until after the copies have been prepared, the officer may require that the estimated fee be deposited before preparing the copies. In the event the officer finds the deposit to be insufficient, he may require that additional money be deposited before proceeding to prepare the copies.
(Added by Ord. No. 1905 (N.S.), adopted 6-9-59; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
SEC. 62.3.   PUBLIC RECORDS -- LIST OF EMPLOYEE INFORMATION.
   The release to the public of lists of employee information, other than names, shall not be made by any County officer or employee without the express authorization of the appropriate appointing authority; provided, however, nothing in this section shall restrict the Auditor & Controller's authority to release employee information to recognized employee organizations which are authorized to utilize the County's payroll deduction system in accordance with the County's Labor Relations Ordinance and any other organization which is authorized by the Board of Supervisors to receive payroll deductions.
(Added by Ord. No. 4512 (N.S.), effective 6-26-75; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
SEC. 63.   PUBLICATION OF REGULATORY LAWS.
Any officer, board, commission or the head of any office, department or institution of the County who administers regulatory laws established by County ordinance or by County ordinance and State law is authorized to cause such regulatory laws or extracts therefrom to be printed in convenient pamphlet form and sold to the public at cost, provided that the expenditure for such printing and the price at which the pamphlet is to be sold are first approved by the Board.
(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)
SEC. 64.   PROHIBITION ON USE OF ELECTRONIC SMOKING DEVICES IN AND AROUND COUNTY FACILITIES, COUNTY PUBLIC BUILDINGS AND OTHER LOCATIONS.
   (a)   Findings and Intent.
      (1)   Credible studies have demonstrated that there are health concerns regarding the use of electronic smoking devices by users of the devices and bystanders.
      (2)   The Centers for Disease Control and Prevention has reported that from 2011-2012, the use of electronic cigarettes by U.S. middle and high school students more than doubled.
      (3)   Despite the potential use of electronic smoking devices as an aid to quitting smoking, the products are not approved by the U.S. Food and Drug Administration (FDA) for smoking cessation or treatment of any health concerns. An analysis by the FDA found that e-cigarettes do contain carcinogens, including nitrosamines as well as toxic chemicals such as diethylene glycol. Although electronic smoking devices do not produce the same smoke as conventional tobacco product cigarettes, they do produce a cloud of vapors containing unknown substances and sometime produce unpleasant odors. The possible health effects of bystanders breathing or absorbing these vapors through their skin is unknown.
      (4)   Nicotine is contained in most electronic smoking devices. Nicotine is a highly addictive neurotoxin included in the Proposition 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity and is known to cause birth defects. Nicotine is a component of the emissions from electronic smoking devices containing nicotine and involuntarily exposes non-users to nicotine.
      (5)   Scientific studies and FDA testing demonstrated that the solutions in electronic smoking devices contained toxic chemicals and that labelling often misrepresented nicotine content contained in the devices.
      (6)   There are products approved by the FDA for smoking cessation. To date, scientific studies have not demonstrated the benefit of electronic smoking devices for smoking cessation and these devices are not approved by the FDA for smoking cessation.
      (7)   With certain exceptions, state law prohibits smoking inside an enclosed space at a place of employment.
      (8)   With certain exceptions, state law prohibits smoking inside public buildings or in an outdoor area within a minimum of 20 feet of a main exit, entrance, or operable window of a public building.
      (9)   The use of electronic smoking devices in locations where the smoking of tobacco is prohibited may cause confusion and uncertainty, and make it more difficult to enforce smoke free environments and other prohibitions on smoking tobacco.
      (10)   It is the intent of the County Board of Supervisors in enacting the Ordinance that adds this Section to the Administrative Code to provide for the public health, safety and welfare, by prohibiting the use of electronic smoking devices in locations where state law or regulation prohibits the use and smoking of tobacco products.
   (b)   Definitions. For purposes of this section:
   "Electronic smoking device" is defined as an electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the U.S. Food and Drug Administration for use in mitigation, treatment, or prevention of disease.
   "Enclosed space" is defined as set forth in state law, Labor Code section 6404.5 and includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.
   "Place of employment" is defined as set forth in state law, Labor Code section 6404.5.
   "Public building" is defined as a building owned and occupied, or leased and occupied, by the County as set forth in Government Code section 7596.
   "Smoking" or "Smoke" for the purpose of this section is defined as the use of an electronic smoking device intended to emulate smoking, which permits a person to inhale vapors, mists or aerosol that may or may not contain nicotine.
   (c)   Prohibition on Use of Electronic Smoking Devices.
      (1)   Enclosed Spaces at County Places of Employment. No person shall engage in the smoking of an electronic smoking device in an enclosed space at a County place of employment. This prohibition shall include County owned and County leased property.
      (2)   County Public Buildings. No person shall engage in the smoking of an electronic smoking device inside a County public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a County public building.
      (3)   Other Locations Where Smoking Tobacco is Prohibited by State Statute or Regulation. No person shall engage in the smoking of an electronic smoking device in any other location where smoking tobacco is prohibited by any state statute or regulation.
   (d)   Violations and Enforcement. Any violation of the prohibitions set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This section shall be enforced in the same manner (1) as the state law prohibitions against the smoking of tobacco products contained in Labor Code section 6404.5, Government Code sections 7596-7598 and in the same manner as any other state law or regulation which prohibits the smoking of tobacco products; and (2) at the option of the County, as provided for in County Administrative Code section 81.6.
   (e)   Construction/Interpretation. This section shall in all respects be construed and interpreted in the same manner as the state law prohibitions against the smoking of tobacco products contained in Labor Code section 6404.5, Government Code sections 7596-7598 and in the same manner as any other state law or regulation which prohibits the smoking of tobacco products.
(Added by Ord. No. 10338 (N.S.), effective 6-19-14; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
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