This chapter shall be known as the county facilities smoking pollution control ordinance. (Ord. 518 § 1(part), 1988).

The board of supervisors of the county does find that:
A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
B. Reliable studies have shown that breathing side stream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, individuals with impaired respiratory function, asthmatics, and persons with obstructive airway disease; and
C. Health hazards induced by breathing side stream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and
D. Nonsmokers with allergies, respiratory disease and those who suffer other ill effects of breathing side stream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and
E. The smoking of tobacco, or any other weed or plant, is a danger to health.
Accordingly, the purpose of this chapter is to protect and enhance the health, safety and general welfare of the public and persons employed by the county. (Ord. 518 § l(part), 1988).

The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent from the context that they have a different meaning:
A. “County facilities” means all enclosed buildings or other structures owned or occupied by the county or any service area or special district which is under the control of the board of supervisors including, but not limited to:
1. All restrooms in county facilities;
2. All private offices in county facilities;
3. All county vehicles.
B. “Department head” means that person, whether elected or appointed, who is in charge of and/or responsible for the administration of a department of the county.
C. “Enclosed” as used in Subsection A of this section shall be applicable to buildings and structures only. A building or structure shall be deemed enclosed unless the interior of the building or structure or portion thereof is temporarily or permanently, directly exposed to the outside air by reason of either temporary removal of a substantial portion of an exterior wall (e.g., roll-up doors on shops and garages) or by reason of nonexistence of a substantial portion of at least one of the exterior walls of the building or structure (e.g., three sided buildings). Provided, however, “enclosed” shall include the outside area within ten feet of the main entrance of any enclosed county facility.
D. “Smoking” includes the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
E. “Substantial portion” shall be interpreted to refer to and require the temporary removal or permanent nonexistence of at least seventy--five percent of any one exterior wall of the building or structure. (Ord. 518B § 1, 2002; Ord. 518 § l(part), 1988).

Smoking is prohibited in all county facilities. (Ord. 518 § 1 (part), 1988).

A. Any smoking permitted in an enclosed building or structure as defined in subsection (C) of Section 9.10.030 shall be strictly limited to those portions of the building or structure which are directly exposed to the outside air, and such smoking shall immediately cease when any such building becomes enclosed.
B. The provisions of this chapter shall not be applicable to any non-passenger county vehicle, such as motor-graders, bull-dozers, forklifts and the like, but not including trucks; provided, however, nothing in this subsection shall be deemed to prohibit any county department head from regulating and/or prohibiting smoking in or on any non-passenger vehicle under his/her jurisdiction. (Ord. 518B § 2, 2002; Ord. 518A § 1, 1989: Ord. 518 § 1(part), 1988).

“No Smoking” signs with letters of not less than one inch in height and 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, sufficiently and conspicuously posted in all portions of county facilities normally open or accessible to the public.
In areas where smoking is allowed, signs will be posted. (Ord. 518 § 1(part), 1988).

A. Department heads shall have initial responsibility for the enforcement of the provisions of this chapter within all areas of county facilities occupied or used by their respective departments.
B. The county administrative officer shall have ultimate responsibility for the enforcement of this chapter in those cases where a violation of this chapter is alleged against a county employee or department head.
C. Any county employee, or member of the public who desires to register a complaint regarding a violation of this chapter occurring within any department of the county may initiate enforcement either by filing an oral or written complaint with the department head in whose department the violation is occurring or has occurred, or by filing an oral or written complaint with the county administrative officer.
D. This chapter may also be enforced by any peace officer of the state. (Ord. 518 § 1(part), 1988).

A. It is unlawful for any person to smoke in a county facility where smoking is prohibited by this chapter.
B. It is unlawful for any department head to fail to enforce the provisions of this chapter within all areas of county facilities occupied or used by his or her respective department.
C. Any person who violates subsection A or B of this section is guilty of an infraction, and upon conviction shall be punishable:
1. By a fine of not less than ten dollars nor more than one hundred dollars, for first violation of this chapter;
2. By a fine of not less than fifty dollars nor more than one hundred fifty dollars, for second violation of this chapter within one year;
3. By a fine of not less than one hundred dollars nor more than two hundred dollars, for third violation of this chapter within one year. (Ord. 518 § 1(part), 1988).

No department head or county employee shall discharge, refuse to hire, or in any manner retaliate against any county employee, applicant for county employment or member of the public because of such employee, applicant for employment or member of the public exercises or has exercised any rights afforded by this chapter.
No disciplinary action will be taken against an employee by a supervisor or department head unless the employee has received a formal written warning three times. (Ord. 518 § 1(part), 1988).