Chapter 8.20
SMOKING POLLUTION CONTROL
Sections:
8.20.020 Application of chapter to county-owned/leased/controlled facilities.
8.20.030 Prohibition of smoking in places of employment.
8.20.050 Possession of electronic delivery devices by minors prohibited.
8.20.055 Purchase of electronic delivery device by minors prohibited.
8.20.060 Tobacco cessation support information.
8.20.010 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
(1) “Electronic delivery device” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use of inhalation. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or under any other product name or descriptor and any cartridge or other component of the device or related product. Notwithstanding the previous sentence, the definition of electronic delivery device shall not include any device approved by the United States Food and Drug Administration to deliver medicines using vapor and inhalation.
(2) “Employee” means any person who is employed by the county in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
(3) “Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping, or similar structures.
(4) “Place of employment” means any enclosed area under the control of the county employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways.
(5) “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance, or the use of an electronic delivery device which creates a vapor, in any manner or in any form. (Ord. 272 § 1, 2014; Ord. 135 § 1, 1999)
8.20.020 Application of chapter to county-owned/leased/controlled facilities.
This section is only applicable to enclosed areas owned, leased or controlled by the county of Crook.
(1) Smoking is prohibited in all enclosed county facilities within the county of Crook, including, but not limited to, the following places:
(a) Elevators.
(b) Restrooms, lobbies, reception areas, hallways and any other common-use areas.
(c) All vehicles and other means of transit under the authority of the county of Crook.
(d) All areas available to and customarily used by the general public. Every room, chamber, place of meeting or assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the county or any political subdivision of the state during such times as a meeting is in progress, to the extent such place is subject to the jurisdiction of the county.
(e) Polling places.
(2) Smoking is prohibited in all county-owned, leased, or controlled breezeways or county-owned, leased, or controlled access ramps leading into buildings, regardless of whether they are enclosed areas.
(3)(a) Library Tobacco-Free Campus. County-owned, leased, or controlled real property upon which the Crook County Public Library, or any branches thereof, may be located are declared to be a “tobacco-free campus.” Smoking, and nonsmoking uses of tobacco, are prohibited upon such real property regardless of whether the use is within an enclosed area.
(b) The prohibition described in subsection (3)(a) of this section does not apply to the county law library or the real property upon which the law library, or any parts thereof, may be located. The prohibition described in subsection (3)(a) of this section does not apply to real property upon which a library bookmobile or other county vehicle is merely parked. (Ord. 279 § 1, 2015; Ord. 272 § 1, 2014; Ord. 154 § 1, 2004; Ord. 135 § 2, 1999)
8.20.030 Prohibition of smoking in places of employment.
(1) Smoking shall be prohibited in all county-owned, -leased and -controlled facilities.
(2) The smoking policy shall be communicated to all employees within three weeks of its adoption.
(3) The county of Crook shall supply a written copy of this chapter upon request to any existing or prospective employee.
(4) Smoking shall occur at least 20 feet from any doorway leading into a county building or 20 feet from windows or ventilation systems to ensure that tobacco smoke or electronic delivery device vapor does not enter the area through the doorway, windows, ventilation systems or by any other means.
(5) Posting of Signs.
(a) “No Smoking” signs or 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 every building or other area where smoking is prohibited by this chapter.
(b) Every public place where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(c) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this chapter by the person having control of such area.
(6) Enforcement of this chapter shall be implemented by the sheriff’s office, or his or her designee.
(7) Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or other persons because such employee, applicant or other person exercises any right to a smoke-free environment afforded by this chapter.
(8) Violations and Penalties.
(a) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
(b) Any person, after warning by a county official, who violates any provision of this chapter shall be guilty of an infraction, punishable by:
(i) A fine not exceeding $100.00 for a first violation.
(ii) A fine not exceeding $200.00 for a second violation of this chapter within one year.
(iii) A fine not exceeding $500.00 for each additional violation of this chapter within one year.
(c) The Crook County sheriff’s office shall be responsible for or assist in the issuance of citations for violations of this chapter.
(d) Violation of this chapter by a county employee shall be a cause for discipline. (Ord. 272 § 1, 2014; Ord. 135 § 3, 1999)
8.20.040 Electronic delivery device sales to minors prohibited – Locating electronic delivery devices in retail stores.
(1) No person, other than a minor’s custodian parent or guardian, will sell or otherwise provide an electronic delivery device to a minor under the age of 18 years old.
(2) A violation of subsection (1) of this section is a Class A violation.
(3) Any violation of subsection (1) of this section shall be punishable, upon conviction, by a fine not exceeding $500.00 for a noncontinuing offense; and when a violation is of a continuing nature, a separately punishable violation occurs on each calendar day the violation continues and shall be punishable, upon conviction, by a fine not exceeding $500.00 per day.
(4) A person having authority over the location of electronic delivery devices in a retail store may not locate such devices in a location in the store where the electronic delivery devices are accessible by store customers without assistance by a store employee.
(5) Violation of subsection (4) of this section is a Class B violation, and is punishable, upon conviction, by a fine not exceeding $500.00 for a noncontinuing offense, and when a violation is of a continuing nature, a separately punishable violation occurs on each calendar day the violation continues and shall be punishable, upon conviction, by a fine not exceeding $500.00 per day.
(6) Subsections (4) and (5) of this section do not apply if the location at which the electronic delivery device products are sold is a store or other establishment at which persons under 18 years of age are prohibited.
(7) Notwithstanding any of the above, the county may seek any other relief including but not limited to equitable relief as the court in which the action is brought deems justified. (Ord. 272 § 1, 2014)
8.20.050 Possession of electronic delivery devices by minors prohibited.
(1) It is unlawful for any person under 18 years of age to possess an electronic delivery device.
(2) Any person who violates subsection (1) of this section commits a Class D violation. (Ord. 272 § 1, 2014)
8.20.055 Purchase of electronic delivery device by minors prohibited.
(1) Except as provided in subsection (4) of this section, no person under 18 years of age shall purchase, attempt to purchase or acquire an electronic delivery device.
(2) Any person who violates subsection (1) of this section commits a Class B violation.
(3)(a) In lieu of any other penalty established by law, a person who is convicted for the first time of a violation of subsection (1) of this section may be ordered to participate in a substance abuse education program or a tobacco/nicotine use cessation program or to perform community service related to diseases associated with the use of electronic delivery devices. A person may be ordered to participate in such a program only once.
(b) In addition to and not in lieu of any other penalty established by law, a person who is convicted of a second violation of subsection (1) of this section through misrepresentation of age may be required to participate in a substance abuse education or a tobacco/nicotine use cessation program or to perform community service related to diseases associated with the use of electronic delivery devices, and the court shall order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year. If a court has issued an order suspending driving privileges under this subsection, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the Department of Transportation under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.
(4) A minor acting under the supervision of an adult may purchase, attempt to purchase or acquire an electronic delivery device for the purpose of testing compliance with a federal law, state statute, local law or retailer management policy limiting or regulating the delivery of electronic delivery devices to minors. (Ord. 272 § 1, 2014)
8.20.060 Tobacco cessation support information.
(1) Any commercial or retail establishment which sells tobacco products or electronic delivery devices must post the Oregon Tobacco Quitline contact information at the point of sale in a location easily read by customers, when such contact information is provided to the commercial or retail establishment by the Oregon Health Authority or county.
(2) Any person who violates subsection (1) of this section commits a Class C violation. (Ord. 300 § 2, 2017)