Sections:
6-18.001 Findings and purpose.
6-18.002 Definitions.
6-18.003 Prohibition of smoking in county buildings, on county property, and enclosed public places.
6-18.004 Regulation of smoking in places of employment.
6-18.005 Where smoking not regulated.
6-18.006 Posting of signs.
6-18.007 Nonretaliation.
6-18.008 Enforcement.
6-18.009 Violations and penalties.
6-18.010 Public education.
6-18.011 Other applicable laws.
6-18.012 Severability.
6-18.013 Effect on prior ordinances.
6-18.014 Effective date.
(a) Findings. The board of supervisors of the county finds that:
(1) Smoking is responsible for the premature deaths of approximately four hundred eighty thousand Americans each year from lung and other cancers, heart disease, respiratory illness and other disease.
(2) Tobacco smoke is a major contributor to indoor air pollution and is responsible for approximately forty thousand deaths among nonsmokers each year.
(3) Breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
(4) Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, heart attack, respiratory infection, decreased exercise tolerance, decreased respiratory function, broncho-constriction, and bronchospasm.
(5) Nonsmokers 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 breathing smoke.
(6) Credible studies have demonstrated that there are health concerns regarding the use of electronic smoking devices by users of the devices and bystanders.
(7) Although electronic smoking devices do not produce the same smoke as conventional tobacco product cigarettes, they do produce a cloud of vapors containing dangerous substances to which users and bystanders are exposed. Existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances and concerns including:
(A) The existence of chemicals known to the State of California to cause cancer such as formaldehyde, acetaldehyde, lead, nickel, and chromium;
(B) The existence of very small particulate matter that reaches deep into the lungs (PM 2.5), xylene, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from heart attacks and stroke;
(C) An increase in the reports of poisonings from electronic smoking devices and products, including acute poisonings of young children;
(D) The existence of nicotine 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.
(8) Scientific studies and FDA testing have demonstrated that the solutions in electronic smoking devices contain toxic chemicals and that labeling has often misrepresented nicotine content contained in the devices.
(9) The Centers for Disease Control and Prevention has reported that from 2011-2013, the use of electronic smoking devices by never- smoking U.S. middle and high school students more than tripled, including more than a quarter of a million never-smoking 6-12 graders who initiated using electronic smoking devices.
(10) There are products other than electronic smoking devices approved by the FDA for smoking cessation. To date, scientific studies have not consistently demonstrated significant benefit of electronic smoking devices for smoking cessation and these devices are not approved by the FDA for smoking cessation.
(11) With certain exceptions, state law prohibits smoking inside public buildings and at places of employment.
(12) 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.
(13) The smoking of tobacco, or any other weed or plant is a proven danger to health.
(14) The health, safety, and general welfare of the residents of, persons employed in, and persons who frequent the county would be benefitted by the elimination of smoking and the use of electronic smoking devices in workplaces and enclosed public places.
(b) Purpose. The board of supervisors of the county finds and declares that the purposes of this chapter are (1) to protect the public health and welfare by prohibiting smoking (which includes the use of electronic smoking devices) in enclosed public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
(Ord. 1461, eff. November 12, 2015)
The following words and terms are used and defined as follows for the purposes of this chapter, unless the context in which any word or term is used requires another usage or meaning:
(a) "Bar" means an area or establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food, if any, is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term bar shall not include the restaurant dining area.
(b) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
(c) "Electronic Smoking Device" means an electronic and/or battery-operated device, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such 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 United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.
(d) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
(e) "Employer" means any person, partnership, corporation, or governmental, public or other nonprofit entity, which employs the services of one or more employees.
(f) "Enclosed area" or "Enclosed" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling.
(g) "Place of employment" means any enclosed area under the control of an employer which one or more employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a place of employment unless it is used as a child care, health care, or other care providing facility which is required by state law or regulation to be licensed as such.
(h) "Public place" means any place to which the public is invited or in which the public is permitted, and includes without limitation those places specified in Section 6-18.003. A private residence is not a public place.
(i) "Restaurant" means any restaurant, coffee shop, cafeteria sandwich stand, private or public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term restaurant shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined in this section.
(j) "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
(k) "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization of any substance, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, alcohol, nor controlled substance and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke and smoke or vapors of any kind from Electronic Smoking Devices.
(I) "Smoking" means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, operating an Electronic Smoking Device, or a lighted cigarette, of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, a cigarette or an Electronic Smoking Device, of any kind.
(m) "Sports arena" means a sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice skating rink, bowling alley and other similar enclosed place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
(n) "Tobacco Product" means any product that contains tobacco, is derived from tobacco, or contains synthetically produced nicotine and is intended for human consumption. "Tobacco Product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(Ord. 1461, eff. November 12, 2015)
(a) Smoking is prohibited in:
(1) All enclosed areas of all buildings or other structures which are owned or leased by the county or any agency or department thereof; and
(2) All vehicles which are owned or leased by the county or any agency or department thereof.
(b) Smoking is prohibited in all outdoor areas owned or leased by the county including, but not limited to, parking lots, walkways, and the grounds of all buildings owned or leased by the county. Smoking on county property will be allowed only at the following areas:
(1) At the Day Reporting Center at the designated smoking area;
(2) At the Sheriff's Office, Monroe Detention Center, and Juvenile Detention Facility in the designated employee smoking areas;
(3) At the Public Defender's Office in all areas located 20 feet from entrances, exits, windows, and intake vents;
(4) At the Yolo Emergency Communication Agency at the designated employee smoking areas.
(c) Smoking is prohibited in all those enclosed areas of any public place which are intended to be accessible to or which are customarily used by the general public. Such public places include, but are not limited to the following:
(1) Buses, taxicabs and other means of public transit which are based in and subject to the authority of the county;
(2) Public transit stations or depots;
(3) Retail stores and any other commercial outlets open to all or any segment of the public;
(4) Restaurants, including those in private clubs;
(5) Bars, including those in private clubs;
(6) Aquariums, galleries, libraries and museums;
(7) Any theater or other facility which is primarily used for exhibiting any motion picture, stage, drama lecture, musical recital or other similar performance, except that actors may smoke as part of a stage production performed therein;
(8) Sports arenas and convention halls;
(9) Every room, chamber, or other place used for public meetings or public assembly while a meeting which is open to the general public is in progress and for a period of time preceding such meeting as necessary to ensure that residual smoke is not present during the meeting;
(10) Waiting rooms, sleeping rooms, hallways, wards and semiprivate and private rooms of private and public health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices;
(11) Malls and other multiple-unit commercial facilities;
(12) Polling places;
(13) Bingo parlors;
(14) Offices when open to the public, including but not limited to attorneys' and other professionals' offices;
(15) Banks;
(16) Laundromats;
(17) Hotels and motels, except as provided in Section 6-18.005;
(18) Educational facilities;
(19) Retail service establishments; and
(20) Restaurants, hotel and motel conference or meeting rooms and public or private assembly rooms if one or more employees normally frequent the enclosed area during the course of employment and while the area is being used for private functions.
(d) Without limiting the generality of subsection(c) of this section, smoking is specifically prohibited in the following areas of any public place:
(1) Waiting areas (only if the public place is enclosed);
(2) Restrooms;
(3) Service lines (only if the public place is enclosed);
(4) Elevators; and
(5) Lobbies, hallways and other common areas.
(e) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment, whether enclosed or not.
(Ord. 1461, eff. November 12, 2015; Ord. 1492, eff. January 1, 2019)
(a) Except as provided in subsection (e) of this section, smoking is prohibited in all enclosed places of employment. Each employer associated with each such place of employment shall make reasonable efforts, as necessary, to ensure that all enclosed areas in the place of employment controlled by such employer are free from tobacco smoke or other smoke emanating from smoking products. As used in this subsection, "reasonable efforts" shall not include the incurring of any expense to make structural or other physical modifications. Nothing in this section shall be construed to prevent an employer in its discretion from making any such modifications on a voluntary basis.
(b) Each employer having an enclosed place of employment located within the county shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.
(c) The employer shall communicate the requirements of subsection (b) of this section to all employees concurrently with adoption of the smoking policy.
(d) An employer shall supply a written copy of the employer's smoking policy which includes such requirements upon request to any current or prospective employee of such employer.
(e) Subsection (a) of this section shall apply to any enclosed workplace occupied by a single individual, whether a sole proprietor, sole employee of a closely-held corporation or otherwise, if such workplace shares with any other enclosed workplace a common heating, cooling or ventilation system or any other opening through which smoke may pass into any other enclosed workplace.
(f) Subsection (a) of this section shall apply to those enclosed areas of buildings owned or used by private clubs, fraternal organizations, health clubs and similar groups, if one or more employees normally frequent the enclosed area during the course of employment and while the area is being used by members or guests of the club, organization or group.
(Ord. 1461, eff. November 12, 2015)
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