HomeMy WebLinkAbout123-19 - Ord. Adopting Revisions to County Code Chapter 2.104 Smoking and 9.44 County Parks and Fairgrounds Mason County Board of Commissioners
Ordinance No.1Z3-/9
ADOPTION OF REVISIONS TO MASON COUNTY CODE,CHAPTER 2.104 SMOKING
POLICY,CHAPTER 9.44 COUNTY PARKS AND FAIRGROUNDS AND ORDINANCE NO.91-06.
WHEREAS,the Centers for Disease Control(CDC)reports tobacco use is the leading
preventable cause of death in the United States,causing an estimated 440,000 deaths each year,and
WHEREAS,the Surgeon General reports secondhand smoke contains more than 50 cancer-causing
chemicals,which contributes to an increased risk for lung cancer and heart disease in nonsmokers
and an increased risk for sudden infant death syndrome(SIDS),respiratory problems,ear infections,and
asthma attacks in children,and
WHEREAS,on April 4,2006 the Mason County Board of Commissioners adopted the revised
Clean Indoor Air Act,Chapter 70.160 RCW,by reference as Chapter 9.60 Clean Indoor Air Act Adopted in
the Mason County Code,and
WHEREAS,on September 24,2019 the Mason County Board of Health passed a recommendation to add
vaping to smoking policies on county property and to revise definitions to clearly reflect current standards for tobacco
smoking and vaping,NOW THEREFORE
BE IT RESOLVED,the Mason County Board of Commissioners hereby adopts the revisions to
Mason County Code,Chapter 2.104 Smoking Policy(Attachment A),Chapter 9.44 County Parks and
Fairgrounds(Attachment B).Attachment C reflects the track changes made to the previously mentioned county codes.
SIGNED this LLday of I 2019
BOARD OF COUNTY COMMISSIONERS
Kevin Shutty,Ch it
Randy' Neatherlin,Commissioner
S— haron Trask,Commissioner
ATTES
Mel' sa bu2wry,Clerk of the 66ard
APPROVED AS TO FORM:
�Timite ;;i,�iefCivil Deputy Prosecutor
Attachment A
Chapter 2.104 SMOKING POLICY
2.104.010 Non-smoking areas designated.
2.1 04.020 Public areas and county property defined.
2. 104.030 Posting of signs and removal of ashtrays.
2.104.040 Violation--Penalty.
2.104.050 Interpretation.
2.104.010 Non-smoking areas designated.
(a)All public areas within buildings and vehicles owned or leased by the county are designated as smoking and vaping
free areas.
(b)All owned,leased,or operated county property is designated as smoking and vaping free areas.
(Ord.91-06 Att.A(part),2006).
(a) The term"smoking"will be defined in accordance with RCW Chapter 70.160 as(1)"Smoke"or"Smoking"
means the carrying or smoking of any kind of lighted pipe,cigar,cigarette or any other lighted smoking
equipment.
(b) The term"vape"or"vaping"will be defined for the purpose of this chapter as inhaling or exhaling the vapor
produced by any noncombustible product that may contain nicotine or a marijuana product and that employs
a heating element,power source,electronic circuit,or other electronic,chemical,or mechanical means,
regardless of shape or size,that can be used to produce vapor or aerosol from a solution or other substance
including any electronic cigarette,electronic cigar,electronic cigarillo,electronic pipe,or similar product or
device.
2.104.020 Public areas and county property defined.
(a)The term"public areas"is defined for the purpose of this chapter,but not limited to:all hallways,conference rooms,
elevators,restrooms,lobbies,stairwells,reception areas,and any other areas which are 1)open to the public or 2)areas
which employees are required to pass through during the course of employment.(Ord.30-87§2, 1987;Ord.23-06§,
2006).
(b)The term'bounty property"is defined as the grounds and parking lots surrounding county buildings(including a
presumptively reasonable minimum distance of 25 feet from doors,windows that open,and ventilation intakes),the
fairgrounds,and all county parks.County property does not include:
(1)Private vehicles and residences unless otherwise required by individual or group contracts with the county;
(2)County roads;
(3)Any person passing by or through county property while on a public sidewalk or public right of way has not
intentionally violated this chapter.
(Ord.91-06 Att.A(part),2006).
2.104.030 Posting of signs and removal of ashtrays.
The department of Facilities and Grounds shall post and maintain no-smoking and no-vaping signs in all public areas and
county property as defined herein,and remove ashtrays from those public areas.
(Ord.91-06 Att.A(part),2006).
2.104.040 Violation--Penalty.
(a)Pursuant to RCW 70.160.070--Intentional Violators,any person intentionally violating this policy by smoking or
vaping in a public place,place of employment,or within 25 feet of doors,windows that open and ventilation intakes or
any person removing,defacing or destroying a sign required by this policy is subject to a civil fine of up to one hundred
dollars($100).The county sheriffs department shall enforce this policy by issuing a notice of civil infraction to be
assessed in the same manner as traffic infractions.
(b)All county employees shall be encouraged to help educate the public about the non-smoking policy by reminding
violators not to smoke or vape on the property and by adding the policy to all use agreements and event publications.
Violators,who refuse to comply with the smoking and vaping policy,may be asked to leave the county property.
(c)The appropriate department director or elected official shall be responsible for educating employees about the non-
smoking and non-vaping policy and shall resolve intentional employee violations of the policy through disciplinary action.
(Ord.91-06 Att.A(part),2006).
2.104.050 Interpretation.
This chapter shall be interpreted in a manner that is consistent with RCW Chapter 70.160,Washington Clean Indoor Air
Act,prohibiting smoking in all public places and places of employment.
(Ord.91-06 Att.A(part),2006).
Attachment B
Chapter 9.44-COUNTY-OWNED REAL PROPERTY,INCLUDING PARKS AND PROPERTY HELD IN TRUST
Footnotes:
---(2)--
Editor's note—Ord.No.79-19,Att.A,adopted Aug.20,2019,amended ch.9.41 and in so doing changed the title of said chapter,as set out
herein.
9.44.010-Speed of motor vehicles.
No person shall drive a motor vehicle within any county park,on owned real property,or property held in trust at a speed
greater than is reasonable and prudent,having due regard for the traffic on,and the surface and width of the road,and in
no event at a speed which endangers the safety of persons,property or wildlife:
(1)Provided,however,that in no event shall a vehicle be driven at a speed greater than ten miles per
hour in a park,county-owned real property or property held in trust,or areas of general public
assemblage,or in parking lots;
(2)And,provided further,that it shall be a misdemeanor to operate any motor vehicle in any planted
area.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.020-Parking of motor vehicles,trailers,etc.
(a)No operator of any automobile,trailer,camper or other vehicle,shall park such vehicle in any county park,
county-owned real property,or property held in trust,except where the operator is using the area for a designated
recreational purpose and the vehicle is parked in a designated parking area,or in another area with the permission
of the manager or park supervisor.
(b)No person shall park,leave standing or abandon a vehicle in any county park,county-owned real property,or
property held in trust overnight or in a"no parking"zone,except with permission from a county
manager/director or park supervisor.
(c)Any unauthorized vehicle found parked in violation of subsections(a)or(b)of this section may be towed
away at the owner's or operator's expense.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Art.B(part),2006).
9.44.030-Consumption of alcoholic beverages.
Opening,possessing alcoholic beverage in an open container,or consuming any alcoholic beverages in any county park,
on county-owned real property,or property held in trust shall be prohibited except in the following designated areas and
under the following circumstances:
(1)In any buildings leased or rented or in a designated signed area,wherein the lessee has obtained and
displays the proper permits from the Washington State Liquor Control Board.
(2)Park hosts are permitted to possess and consume alcoholic beverages inside their recreational
vehicle or residence.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.040-Intoxication in county parks,county-owned real property or property held in trust.
Being or remaining in,or loitering about in any county park area,on any county-owned real property,or property held in
trust while in a state of intoxication shall be prohibited.
(1)Park hosts shall not be intoxicated while performing their park host duties.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.041 -Tobacco and Vape free zone in county parks,owned real property,or property held in trust.
All county property,including county parks,county-owned real property or property held in trust,shall be designated
tobacco and vape fiee areas.County property does not include:
(1)Private vehicles and residences unless otherwise required by individual or group contracts with the
county;
(2)County roads;
(3)Any person passing by or through county property while on a public sidewalk or public right-of-
way has not intentionally violated this chapter.
(4)Park host-owned recreational vehicle.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.042-No tobacco sales,advertising,sampling or sponsorship.
(a)The sale of tobacco or vapor products,or tobacco or vapor related merchandise is prohibited on county-
owned or leased property or during county sponsored events.
(b)Advertising tobacco products is prohibited on county-owned or leased property or during county sponsored
events.
(c)Sampling(free distribution)of tobacco or vapor products,or tobacco or vapor related merchandise is
prohibited on county-owned or leased property or during county sponsored events.
(d)Tobacco or vape sponsorship(compensation or promotional items)is prohibited on county-owned or leased
property or during county sponsored events.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.050-Parks,county-owned real property operation and property held in trust periods.
The county shall establish for each county park areas,according to existing conditions,times and periods when it will be
open(usually dawn)or closed(usually dusk)to the public.Such times and periods shall be posted at the entrance to the
area affected and at the facility office.No person shall enter or be present in a county park area after closing time except
with specific permission of the park manager,or a county parks employee.County-owned real property and property held
in trust shall be closed before and after normal business hours,on weekends and holiday while county operations are
closed.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.060-Fireworks—Restricted.
(a)No person shall possess,discharge,set off or cause to be discharged,in or into any county parks area,
county-owned real property,or property held in trust,any firecrackers,torpedoes,rockets,fireworks,explosives
or substance harmful to the life or safety of persons or property.
(b)Provided,however,that fireworks may be permitted as a part of a professionally conducted display by
competent,licensed,bonded pyro technicians,subject to the approval of the local fire district and the county fire
marshal.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Aft.B(part),2006).
9.44.070-Rubbish—Deposit in parks,county-owned real property or property held in trust—Prohibited.
(a)No person shall leave,deposit,drop or scatter bottles,broken glass,ashes,waste paper,cans or other rubbish,
in a county park area,on county-owned real property,or on property held in trust except in a garbage can or
other receptacle designed for such purpose.
(b)No person shall deposit any household or commercial garbage,refuse,waste or rubbish,which is brought as
such from any private property,in any county park area,county-owned real property,or property held in trust
garbage can designed for such purpose.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.080-Sanitation.
No person shall,in any county park area,on county-owned real property or property held in trust:
(1)Drain or dump refuse or waste from any trailer,camper,automobile or other vehicle,except in
designated disposal areas or receptacles;
(2)Clean fish or other food,or wash any clothing or other article for personal household use or any dog
or other animal,except at designated areas;
(3)Clean or wash any automobile or other vehicle;
(4)Pollute,or in any way contaminate by dumping or otherwise depositing therein any waste or refuse
of any nature,kind or description,including human or animal bodily waste,the soil,any stream,river,
lake or other body of water running in,or adjacent to,any county park area,county-owned real
property,or property held in trust.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.090-Firearms and/or other weapons.
No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area,on
county-owned real property or property held in trust,nor shall any person discharge or propel across,in or into any county
park area,county-owned real property,or property held in trust,a firearm,bow and arrow,spear,spear gun,harpoon or air
or gas weapon,or any device capable of injuring or killing any person or animal,or damaging or destroying any public or
private property,except where the county for good cause has authorized a special recreational activity upon finding that it
is not inconsistent with county parks,county-owned real property,or property held in trust use.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.100-Dogs on leashes—Horses.
(a)No person shall bring a dog into any county park,county-owned real property,or property held in trust unless
the dog is controlled by means of a hand-held leash no longer than six feet.The dog must not be tied and
abandoned,but must be at all times under the personal control of the person bringing it to the county parks,
county-owned real property,or property held in trust.Provided,however,with the exception of service animals
(dogs)for the handicapped.
(b)Provided further,no person shall bring a horse into county park areas,county-owned real property,or
property held in trust except those areas specifically developed and posted for horse use.Provided,however,with
the exception of service animals(miniature horse)for the handicapped.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.110-Violation—Penalties.
(a)All county employees shall be encouraged to help educate the public about the tobacco and vape free zone
policies in this chapter by reminding violators not to use tobacco or vape products on the property and by adding
the guidelines to all use agreements and event publications.Violators,who refuse to comply with the tobacco and
vape free zone policies,may be asked to leave the county park,county-owned real property,or property held in
trust area.
(b)In addition to the penalty provided in any other existing or future ordinance of the county,failure to comply
with this chapter,or any other rule or regulation of the county parks,county-owned real property,property held
in trust or with any other federal,state,or local law,rule,regulation applicable under the circumstances,shall
subject the person so failing to comply to ejection from any county park area,county-owned real property,or
property held in trust shall be guilty of a misdemeanor trespassing in the second degree(RCW 9A.52.080).
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
Attachment C
Mason County.Washington,Code of Ordinances»Title 2-ADMINISTRATION AND PERSONNEL>>Chapter 2.104
-SMOKING POLICY'>>
Chapter 2.104-SMOKING POLICY*
Sections:
2.104.010-Nonsmoking areas designated.
2.104.020-Public areas and county property defined.
2.104.030-Posting of signs and removal of ashtrays.
2.104.040-Violation—Penalty.
2.104.050-Interpretation.
2.104.010-Nonsmoking areas designated.:
(a)
All public areas within buildings and vehicles owned or leased by the county are designated as
neasmoking and_jaT free areas.
(b)
All owned,leased,or operated county property is designated as Honsmoking andxapira free areas.
" Formatted:Indent:Left: 0"
-- --(Ord.91-06 An.A(part).2006).
2.104.020-Public areas slid county property defined..r
(a)
The term"public areas"is defined for the purpose of this chapter,but not limited to:all hallways,
conference rooms,elevators,restrooms,lobbies,stairwells,reception areas,and any other areas which
are:(1)open to the public,or(2)areas which employees are required to pass through during the course
of employment.
(b)
Tile tern"county propeity"is defined as the grounds surd parking lots surrounding county buildings
(including a presumptively reasonable minimum distance oftwenty-five feet fiom doors,windows that
open,and ventilation intakes),the fairgrounds,and all county parks.County property does not include:
(1)
Private vehicles and residences unless otherwise required by individual or group contracts
with the county;
(2)
County roads;
(3)
Any person passing by or through county property while on a public sidewalk or public right-
of-way has not uuentionally violated this chapter.
10
I71_tem "smukit�"will be defived uL_acc_orda fee�.ith F t'4_C;hayter 7�16�?a.�jl "Sm ke er
tighl�yl.3j r 'i;a cyuil2Jrl,£S)!.
L4)
The tenni e:_or::�_4p nr"will be cteftied_fof theTurl�psi ofl,hi5 ,han1,u ns_in1141mr.car vih'fl na thr � - Formatted:Indent Left 1" I
_..._.._�,.�•,.,,..... -�:.a•,,,,,,,..•."..,�.�.�,m•,.,<.m-,,,_-tet
};ag;rS+ro ucgd F+c ally t +u t—i le-prod ct t m.v,c,;�ntajkn d___ - - Formatted:Fon:(Default)Times New Roman,9.5 pt,
thmt ei11Q4-,ahearin11 clement.n 1%:e ewe& e trgj�jy_fjr�ti �rgS)]SA f1 S1LA!!lS ti)S�1.D.is'a1YSU Font color.Auto,Pattern:Clear
gtgyltatic�jo3n�,rcgardl _<of shape of size,that pan he p e3 tq_proyiiroe raper or ur�cel from a
sotikn n_or_other substance ine!udina nnv electronic cicarette,electronicyivar.eleetronic cigarilho
eleetnn)eVjg�,:_or_SiiniJ;lrpro tc_tpE 1 ige.
(Ord.91-06 Att.A(part),2006).
2.104.030-Posting of signs and removal of ashtrays.>
The department of facilities and grounds shall post and maintain no•smoking ani nn- aping signs in all
public areas and county property as defined herein,and remove ashtrays from those public areas.
(Ord.91-06 Att.A(part),2006).
2.104.040-Violation—Penalty.
(a)
Pursuant to RCW 70.160.070—Intentional Violators,any person intentionally violating this policy by
smoking r v�ingin a public place,place of employment,or within twenty-five feet of doors,
windows that open and ventilation intakes or any person removing,defacing or destroying a sign
required by this policy is subject to a civil fine of up to one hundred dollars.The county sheriffs
department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same
manner as traffic infractions.
(b)
All.county employees shall be encouraged to help educate the public about the nonsmoking policy by
reminding violators not to smoke or cap_on the property and by adding the policy to all use agreements
and event publications.Violators,who refitse to comply with the smoking.n F ap_rte policy,may be
asked to leave the county property.
(c)
The appropriate department director or elected official shall be responsible for educating employees
about the uonsmoking_;lnrt noun w ing policy and shall resolve intentional employee violations of the
policy through disciplinary action.
(Ord.91-06 Att.A(part),2006).
2.104.050-Interpretation._.
This chapter shall be interpreted in a manner that is consistent with RCW Chapter 70.160,Washington
Clean Indoor Air Act,prohibiting smoking in all public places and places of employment.
(Ord.No.79-19,Art.A,8.20-2019;Ord.91-06 An.B(part),2006).
9.44.042-No tobacco sales,advertising,sampling or sponsorship.
(a)The sale of tobacco,_pre„or tobacco or vaVC
related merchandise is prohibited on county-owned or leased
property or during county sponsored events.
(b)Advertising tobacco of iApp;products is prohibited on county-owned or leased property or during county
sponsored events.
(c)Sampling(Free distribution)of tobacco,.i?Ps or tobaccor X ape related merchandise is prohibited on county-
owned or leased property or during county sponsored events.
(d)Tobacco er,�a�sponsorship(compensation or promotional items)is prohibited on county-owned or leased
property or during county sponsored events.