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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)
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)
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)
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)
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)
(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)
Unless otherwise provided by law, each board or commission and the administrative head of each office, department and institution of the County shall take charge of all personal property coming to them that has been abandoned or that has been lost and for which no owner can be found. Lost property other than money shall be held for a period of six months and turned over to the Purchasing Agent to be dealt with in accordance with law; money shall forthwith be deposited in the trust fund of the board or commission or office, department or institution, pending its withdrawal and disbursement as provided by law. Property known to be abandoned may be retained by and added to the inventory of the board or commission or office, department or institution having custody of the property, or it may be turned over to the Purchasing Agent and included in his salvage inventory for disposition as salvage. Lost property to which the County has obtained title in accordance with law shall be included in the Purchasing Agent's salvage inventory. Each board or commission or office, department, or institution of the County shall immediately notify the Auditor & Controller of abandoned property which has been retained for use by the County and lost property to which the County has obtained title in accordance with law. The Auditor & Controller shall record such property in the accounting records of the County at an appraised value determined by the Purchasing Agent as of the date of acquisition of title, and charge the property to the proper County officer.
(Amended by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3745 (N.S.), effective 9-30-71; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
Unless otherwise provided herein only the Board of Supervisors may accept a gift of real or personal property to the County. The administrative head of each office, department and institution of the County and each County board and commission (hereinafter referred to collectively as “department head”) may receive on behalf of the County gifts, bequests and trusts of personal property (hereinafter referred to as “gifts”) for any purpose connected with or incidental to the board, commission, office, department or institution and may administer any trust declared or created for any such purpose in accordance with the terms of such trust. The acceptance of any such gifts, bequests of trust, except as hereinafter specified, shall be subject to ratification by the Board before the department head shall proceed to use, administer or expend the same.
In the event that any such gift, bequest or trust contains a negotiable instrument, such as stocks, CD‘s, promissory notes or other financial instruments, the Treasurer-Tax Collector is to be notified prior to filing the Board letter of acceptance of the gift.
In the following cases the head of a County department may accept on behalf of the County a gift of personal property not exceeding $5,000 in value and may proceed to expend, use or administer the same without ratification by the Board:
(1) Where acceptance of the gift imposes no obligation on the County, and no limitation or restriction on the use or expenditure of the gift is imposed. In such case if the accepted gift consists of cash it shall be deposited in the County's General Fund; if other than cash it shall be received and used by the department accepting it. If the gift constitutes a capital asset, the receiving department shall notify Auditor & Controller and add the capital asset to the inventory of the department. If the gift constitutes a negotiable instrument it shall be held by the Treasurer-Tax Collector.
(2) Where acceptance of the gift imposes no obligation on the County and the only limitation or restriction on its expenditure or use is that it be used to carry out the customary activities of the receiving department or some purpose incidental thereto. If such gift is cash it shall be deposited in an appropriate fund in the County treasury and used only for the purpose specified. If the gift constitutes a capital asset, the receiving department shall notify Auditor & Controller and add the capital asset to the inventory of the department. If the gift constitutes a negotiable instrument it shall be held by the Treasurer-Tax Collector.
The receiving department head shall be responsible for acknowledging receipt of and thanking, on behalf of the Board, the donors for such gifts, and shall report to the Board all such gifts semi-annually.
Title to all such property shall be taken in the name of the County and shall vest in the County. Upon acceptance of any gift by the Board or a department head, the department head shall immediately notify the Auditor & Controller of such acceptance and the Auditor & Controller shall make the necessary entries in the accounting or inventory records of the County at its appraised value as of the date of acquisition as determined by the receiving department or Department of General Services for real property, if other than money, and insure that the property which is the subject of such gift is charged to the proper County officer. The Treasurer-Tax Collector shall hold all negotiable instruments for the County.
(Amended by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3137 (N.S.), adopted 11-21-67; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
Cross reference(s) -- Gifts of real property, § 73.
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