Chapter 3.54
SMOKING
Sections:
3.54.010 Legislative findings.
3.54.020 Definitions.
3.54.030 Smoking prohibited.
3.54.040 Exceptions.
3.54.050 Duties.
3.54.060 Defacing signs prohibited.
3.54.070 Penalties and enforcement – Fines.
3.54.080 Private actions.
3.54.090 Liberal construction.
3.54.100 Severability.
3.54.110 Effective date
3.54.010 Legislative findings.
The Kitsap County board of commissioners finds that:
(1) Extensive medical and scientific research confirms that environmental tobacco smoke is harmful to smokers and nonsmokers alike, causing eye, nose, throat and head irritations, aggravating lung and heart diseases, including emphysema, and is linked to various types of cancers.
(2) Extensive medical and scientific research concludes that carbon monoxide levels in rooms and vehicles where smoking occurs often exceeds maximum permissible safety levels, and that other hazardous compounds are contributed to the environment by tobacco smoke, including but not limited to tar, nicotine, cadmium, nitrogen dioxide, ammonia, benzene, formaldehyde, hydrogen sulfide, hydrogen cyanide and arsenic, adversely affecting smokers and non-smokers alike in their general health and specific job performances.
(3) Extensive research shows that smoking in the workplace causes loss in employee productivity, increases in employee accident rates and absenteeism, increases in employer medical costs, greater threats of fire damage, and other detriment to both public and private property.
(4) Recent court decisions and legal actions show an increasing trend to hold employers liable for personal injuries, disabilities or other job-related ailments suffered by employees as a result of tobacco smoke in the workplace.
(5) The Washington State Legislature has recognized the increasing evidence posed by tobacco smoke in the workplace and has therefore enacted the Washington Clean Indoor Air Act, codified at Chapter 70.160 RCW.
(6) It is necessary to limit designated smoking locations in order to protect county employees and the public from the health and property hazards created by tobacco smoke and limit the litter associated with smoking debris.
(7) Under the State Department of Labor and Industries’ Environmental Tobacco Smoke (ETS) regulation, WAC 296-62-12000, the County must minimize the amount of environmental tobacco smoke that enters its office buildings; and has determined that prohibiting smoking from within fifty feet of office building entryways or other openings is necessary to ensure compliance with that regulatory requirement.
(Ord. 276 (2002) § 1, 2002: Ord. 123 (1988) § 1, 1988)
3.54.020 Definitions.
As used in this chapter, the following terms have the meanings indicated.
(1) “County personnel” means all persons employed by Kitsap County, including any elected or appointed official or department head of Kitsap County.
(2) “County workplace” means any county-owned and/or operated building, in a county-owned and/or operated vehicle, or within fifty feet of a building entryway.
(3) “Designated smoking area” means any area that is posted with signage that the area is designated as a smoking area.
(4) “Environmental tobacco smoke,” “ETS,” or “secondhand smoke,” means a mixture of smoke emitted from burning tobacco products and smoke exhaled by a smoker.
(5) “Public business” means any activity, service, work or function done by, on behalf of, or under the authority of Kitsap County by county personnel.
(6) “Smoke” or “smoking” means the carrying, inhaling or exhaling of smoke from any kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment, implement, apparatus or item.
(7) “Smoking debris” includes but is not limited to cigarette or cigar butts, cigarette paper or product packaging, tobacco, smoke, ash, or any other residue resulting from smoking.
(Ord. 276 (2002) § 2, 2002: Ord. 123 (1988) § 2, 1988)
3.54.030 Smoking prohibited.
No person shall smoke in a county-owned and/or operated building, in a county-owned and/or operated vehicle, or within fifty feet of a building entryway.
(Ord. 276 (2002) § 3, 2002: Ord. 123 (1988) § 3, 1988)
3.54.040 Exceptions.
The prohibition in Section 3.54.030 shall not apply in or to the following:
(1) Any designated smoking area.
(2) Private living quarters let by Kitsap County, but only to the extent not used for public business.
(Ord. 276 (2002) § 4, 2002: Ord. 123 (1988) § 4, 1988)
3.54.050 Duties.
(a) Department heads, elected officials or other supervisors shall notify all employees of their respective departments about the subject of this chapter immediately following its adoption.
(b) Notice of this chapter shall be posted conspicuously at each entrance and in prominent locations throughout all county workplaces.
(c) County personnel having control or supervision of a county workplace shall make every reasonable effort to ensure compliance with this chapter, including but not limited to posting signs as appropriate under this chapter, advising those who are smoking in a county workplace to refrain from smoking, and advising the public or county personnel that smoking is not prohibited in designated smoking areas.
(d) The county administrator or designee shall determine the number and location of those areas that shall be designated as smoking areas, and shall post signs to notify the public and county personnel that an area is a designated smoking area. Except for emergent health or safety reasons, prior to a change in designation, thirty days’ notice shall be given to county personnel.
(e) All persons using designated smoking areas shall place smoking debris in the appropriate receptacles. Littering is prohibited.
(Ord. 276 (2002) § 5 (part), 2002: Ord. 123 (1988) § 5, 1988)
3.54.060 Defacing signs prohibited.
No person shall alter, deface, remove or destroy any sign posted in compliance with this chapter.
(Ord. 276 (2002) § 5 (part), 2002: Ord. 123 (1988) § 6, 1988)
3.54.070 Penalties and enforcement – Fines.
(a) Any person violating this chapter by smoking in a county workplace or altering, defacing, removing or destroying signs posted in compliance with this chapter shall be liable for a civil fine of fifty dollars.
(b) The Kitsap County sheriff’s office shall enforce this chapter by issuing a notice of infraction and citing to this chapter. Such notice of infraction shall be made upon the same forms as for traffic infractions.
(c) Any violation of this chapter for which a notice of infraction is issued shall be disposed of in the same manner as provided for traffic infractions under Chapter 46.63 RCW, as now or hereafter amended, incorporated by this reference, except as follows:
(1) The provisions in Chapter 46.63 RCW relating to provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and
(2) The provisions in Chapter 46.63 RCW relating to impositions of sanctions against a person’s driver’s license or vehicle license are not applicable to this chapter.
(d) All fines or forfeitures collected upon enforcement of this chapter shall be paid into the general fund of Kitsap County.
(Ord. 276 (2002) § 6 (part), 2002: Ord. 123 (1988) § 7, 1988)
3.54.080 Private actions.
(a) This chapter shall not be construed to prohibit private persons or organizations from bringing an action to enjoin violations of this chapter, nor shall it be construed to limit other actions in any way.
(b) In undertaking enforcement of this chapter, Kitsap County is assuming and undertaking only to promote the general welfare. Kitsap county is not assuming, nor is it imposing on county personnel, an obligation for breach of which the county or its personnel are liable in money damages.
(Ord. 276 (2002) § 6 (part), 2002: Ord. 123 (1988) § 8, 1988)
3.54.090 Liberal construction.
This chapter is remedial in nature and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
(Ord. 276 (2002) § 7, 2002)
3.54.100 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid or unconstitutional the remainder of the ordinance or its application to other persons or circumstances shall not be affected.
(Ord. 276 (2002) § 8 (part), 2002)
3.54.110 Effective date.
This chapter shall take effect thirty days after enactment by the Kitsap County board of commissioners.*
(Ord. 276 (2002) § 8 (part), 2002)
* Editor’s Note: Ordinance 276 (2002) was adopted by the board of county commissioners on July 22, 2002.