HomeMy WebLinkAbout10 0919 19COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Repealing and Replacing }
Jefferson County Code 8.60 }
(Smoking and Vaping }
in Public Places, Places of Employment }
and Outdoor Places where }
Children Congregate) }
Section 1. Recitals.
Ordinance No. 10-0919-19
A. Washington Constitution Article XI, Section 11 provides that counties may make and
enforce within its limits all such local police, sanitary and other regulations as are not in
conflict with general laws;
B. RCW 36.32.120(7) provides that county legislative authorities shall make and enforce, by
appropriate resolutions or ordinances, all such police and sanitary regulations as are not
in conflict with state law;
C. RCW 70.05.060 grants to the county board of health specific powers and duties
including: (1) Enact such local rules and regulations as are necessary in order to preserve,
promote and improve the public health and provide for the enforcement thereof, and, (2)
D. The Washington Smoking in Public Places Act, Chapter 70.160 RCW regulates smoking
in public places;
E. Chapter 70.160 RCW, as amended by the voters' approval of Initiative 901, became
effective on December 8, 2005;
F. RCW 70.160.011 states: "The people of the state of Washington recognize that exposure
to secondhand smoke is known to cause cancer in humans. Secondhand smoke is a
known cause of other diseases including pneumonia, asthma, bronchitis, and heart
disease. Citizens are often exposed to secondhand smoke in the workplace, and are likely
to develop chronic, potentially fatal diseases as a result of such exposure. In order to
protect the health and welfare of all citizens, including workers in their places of
employment, it is necessary to prohibit smoking in public places and workplaces;"
G. It is necessary to create this ordinance in order to comply with the enforcement and
rebuttal requirements outlined in Chapter 70.160 RCW, as that statute was amended
and revised by Initiative 901.
H. RCW 70.345.150 prohibits the use of vapor products in certain indoor areas and outdoor
areas;
I. Pursuant to RCW 70.345.210(3) and subject to RCW 70.345.150, political subdivisions
may regulate the use of vapor products in indoor public places;
J. RCW 28A.210.310 requires a prohibition on the use of all tobacco products on public
school property;
K. Chapter 8.60 of the Jefferson County Code (JCC) was adopted by Ordinance 04-0216-06
to prohibit smoking in public places and places of employment, consistent with Chapter
70.160 RCW;
L. Nicotine is a highly addictive and toxic chemical;
M. Nicotine presents a substantial risk of nicotine or other substance addiction;
N. Nicotine negatively impacts the developing brain;
O. Extensive medical and scientific research confirms that secondhand smoke is harmful to
smokers and nonsmokers alike causing eye, nose and throat irritation, aggravating lung
and heart diseases including emphysema and is linked to various types of cancers;
P. Additional 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 released into the environment by tobacco smoke
including but not limited to: tar, nicotine, nitrogen dioxide, ammonia, benzene,
formaldehyde, hydrogen sulfide, hydrogen cyanide, and arsenic.
Q. Adverse health consequences may result from direct or passive exposure to the mixture
of harmful chemicals in tobacco and vapor products, especially in vulnerable populations
such as children, pregnant women, and individuals with compromised lung function or
cardiovascular conditions;
R. Nicotine is one of the main chemical components of most e-liquid solutions used in
vaping;
S. Although vaping or the use of e-cigarettes may pose less risk to the user than smoking
combustible tobacco, a comprehensive review of the scientific literature by the National
Academies of Sciences, Engineering and Medicine found conclusive evidence that e-
cigarettes contain and emit numerous potentially toxic substances and increase airborne
concentrations of particulate matter and nicotine;
T. E-liquids consumed in vapor products can contain marijuana or THC concentrates and
the use of vapor products in public places and places of employment complicates
enforcement of laws prohibiting use of marijuana in public.
U. E-cigarettes are not approved by the FDA as a smoking cessation aid;
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V. The U.S. Prevention Services Task Force has concluded that evidence is insufficient to
recommend e-cigarettes for smoking cessation in adults;
W. Scientific analysis, including studies conducted by the United States Food and Drug
Administration, show vapor products release fine and ultrafine particles of solvents,
flavoring, and chemical byproducts produced in the heating process that can include
carcinogens, heavy metals and other hazardous chemicals;
X. While the board of health agrees that consenting adults have the right to choose for
themselves what legal activities to engage in, and what legal chemicals to ingest or
inhale, the board of health also recognizes that its paramount responsibility is to protect
the public health;
Y. Vapor products have a high appeal to youth, and use of vapor products by youth is
increasing rapidly;
Z. Jefferson County, like the nation as a whole, has experienced a drastic increase in vaping
among youth;
AA. The use of vapor products by Jefferson County youth (i.e., 10th and 12th graders) has
increased 157% between 2016 and 2018. Local Data shows 38% of youth (10`" and 12'h
graders combined) reported Past 30 Day Use of e-cigarettes or vape pens; and in 2018,
8.7 % of Jefferson County tenth graders report using THC in their e-cigarettes.
BB. Young adults and children are especially vulnerable to nicotine addiction and its toxic
effects;
CC. There is strong concern that the lack of regulations prohibiting the use of vapor products
in public places sends a mixed message to youth, may renormalize the use of nicotine,
and hence increase nicotine addiction in those most vulnerable;
DD. Regardless of the source, the inhalation and ingestion of nicotine and other chemicals in
vape liquids is not safe and causes ill health effects;
EE. Since e-cigarette and vapor product use is not harmless, and since nicotine is a highly
addictive and toxic chemical—especially for youth—the board of health is compelled to
adopt regulations prohibiting the use of e-cigarettes and vapor products in public places
to protect the health of those adults who choose not to expose themselves to vapor
product emissions, and to protect the health of youth who may not have the choice to
avoid exposure to vapor product emissions.
FF. Eleven other local boards of health and other cities in Washington State have adopted
ordinances to restrict vaping in public places and places of employment similarly to
where smoking is prohibited.
GG. This ordinance is proposed and enacted pursuant to the powers granted to Jefferson
County and its Board of health by the Washington Constitution, statutes and regulations.
NOW, THEREFORE, be it ordained by the board of health as follows:
Section 1. Repealing and Replacing Chapter 8.60 JCC
Chapter 8.60 JCC is added as set forth in Appendix A. This ordinance repeals and replaces the
current Chapter 8.60 JCC.
Section 2. Purpose
The purpose of this Ordinance is to protect the public health and promote the safety and welfare
of the citizens of Jefferson County through the prohibition of smoking and use of vapor products
in public places, places of employment, and outdoor public places where children congregate.
It is expressly the purpose of this chapter to provide for and promote the health of the general
public, and not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefited by the terms of this chapter.
Section 3. Annlicabili
This chapter shall apply to all persons and in all territory within the boundaries of Jefferson
County, except actions by persons on lands under the jurisdiction of the Federal Government or
federally recognized Indian Tribes.
Section 4. Findings. The county board of health hereby adopts the above recitals as its findings
of fact in support of this Ordinance.
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. The Jefferson County Public Health Department prepared an
environmental checklist detailing the proposed ordinance and its compliance with the State
Environmental Policy Act (SEPA). After a review of the environmental checklist, proposal,
available information, and applicable regulations Jefferson County's SEPA Responsible Official
issued a Determination of Non -Significance (DNS) on September 5h, 2019 under WAC 197-11-
340(1). Under WAC 197-11-340 this DNS does not require a public comment period.
Section 7. Effective Date. This amendment to Chapter 8.60 JCC shall take effect immediately
upon its adoption.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
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APPROVED AND ADOPTED this
day of �C�-- , 2019.
JEFFERSON COUNTY BOARD OF HEALTH
ATTEST:
y Matter, Date
Clerk of the Board
5
Sheila W terman Vice Chair
DavL�'
id van, Member
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Dean, Member
APPROVED AS TO FORM:
0• r.f "'4'..' 9/30/9
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
APPENDIX A
Chapter 8.60
Smoking and Vaping in Public Places, Places of Employment, and
Outdoor Places where Children Congregate
8.60.010 Purpose.
8.60.020 Authority.
8.60.030 Applicability and Construction.
8.60.040 Definitions.
8.60.050 Smoking and Vaping Prohibited.
8.60.060 Required Signage.
8.60.070 Administration and Enforcement.
8.60.080 Rebuttal of 25 -foot Presumption.
8.60.090 Administrative Remedy.
8.60.100 Administrative Appeal of Health Officer Decision to the Board of Health.
8.60.110 Judicial Review.
8.60.120 Severability.
8.60.130 Limitations.
8.60.140 Warning and Disclaimer of Liability.
8.60.010
(1) These clean air smoking and vaping regulations are adopted for the purpose of protecting the
health, safety and welfare of the public by reducing the potential for public exposure to nicotine
and other harmful and potentially harmful chemicals by restricting the use of tobacco and vapor
products, also known as electronic nicotine delivery systems (ENDS) and e -cigarettes, in
public places, places of employment, and certain outdoor public places.
(2) These rules are enacted to protect the public health and promote the safety and welfare of the
citizens of Jefferson County through the prohibition of smoking and use of vapor products in
public places, and places of employment and outdoor public places where children congregate.
8.60.020 Authority.
......................................._......._...................................__................................. ..- ................... ............................. ................. ..... ....... ...._............................. ..... .......... ............... ..... .........................._................
(1) Washington Constitution Article XI, Section 11 provides that counties may make and enforce
within its limits all such local police, sanitary and other regulations as are not in conflict with
general laws.
(2) RCW 36.32.120(7) provides that county legislative authorities shall make and enforce, by
appropriate resolutions or ordinances, all such police and sanitary regulations as are not in
conflict with state law.
(3) RCW 70.05.060 grants to the county board of health specific powers and duties including: (a)
Enact such local rules and regulations as are necessary in order to preserve, promote and
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improve the public health and provide for the enforcement thereof; and, (b) Provide for the
prevention, control and abatement of nuisances detrimental to the public health.
(4) The Washington Smoking in Public Places Act, Chapter 70.160 RCW regulates smoking in
public places, and in places of employment.
(5) Chapter 70.160 RCW, as amended by the voters' approval of Initiative 901, became effective
on December 8, 2005. RCW 70.160.011 states: "The people of the state of Washington
recognize that exposure to secondhand smoke is known to cause cancer in humans.
Secondhand smoke is a known cause of other diseases including pneumonia, asthma,
bronchitis, and heart disease. Citizens are often exposed to secondhand smoke in the
workplace, and are likely to develop chronic, potentially fatal diseases as a result of such
exposure. In order to protect the health and welfare of all citizens, including workers in their
places of employment, it is necessary to prohibit smoking in public places and workplaces."
(6) It is necessary to create this ordinance in order to comply with the enforcement and rebuttal
requirements outlined in Chapter 70.160 RCW, as that statute was amended and revised by
Initiative 901.
(7) RCW 70.345.150 prohibits the use of vapor products in certain indoor areas and outdoor areas
and RCW 70.345.210 authorizes political subdivisions to further regulate the use of vapor
products in indoor public places and outdoor public places where children congregate."
(8) RCW 28A.210.310 requires a prohibition on the use of all tobacco products on public school
property.
8.60.030 Applicability a ... ................... ..
and Construction.
...................................................................................
(1) This chapter shall apply to all persons and in all territory within the boundaries of Jefferson
County, except actions by persons on lands under the jurisdiction of the Federal Government
or federally recognized Indian Tribes.
(2) This chapter applies to all Jefferson County public places, places of employment and certain
outdoor areas as defined in this chapter.
(3) This chapter supplements but does not replace the regulations adopted by the United States
Food and Drug Administration for tobacco products and electronic nicotine delivery systems
(ENDS) or the regulations enacted by the state of Washington and enforced by the Liquor and
Cannabis Board regarding the licensing and regulation of vapor product promotions and sales.
(4) This chapter is to be liberally construed to protect public health, welfare and safety.
8.60.040 Definitions.
...................... ............................. ..........._......._....---- ................... ........... ................. .................................
........
(1) Terms used in this chapter shall have the meaning provided in Chapter 70.160 RCW, hereby
adopted by reference, and as supplemented in this chapter pursuant to the authority provided
by RCW 70.160 and for sake of clarity in the application of Chapter 70.160 RCW.
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(2) Terms not specifically defined shall be construed according to their common dictionary
definition. The following specific definitions shall apply to smoking and vaping in public
places and in places of employment in Jefferson County.
(3) "Abate" means to take steps to repair, replace, remove, destroy, or otherwise remedy a
condition which constitutes a nuisance under this chapter by such means and in such a manner,
as are deemed necessary by the health officer in the interest of the public health and safety.
(4) "Aggrieved person" means a person subject to a decision by the director under this chapter
and,
(a) The decision has prejudiced or is likely to prejudice that person;
(b) The person's asserted interests are among those that the county was required to consider
when the director made the decision; and,
(c) A judgment or final decision in favor of that person would substantially eliminate or
redress the prejudice to that person or entity caused or likely to be caused by the final
decision.
(5) "Board of health" means the Jefferson County Board of Health.
(6) "Complaint" means a report, either in writing, by telephone, or by other means made by any
person describing a potential violation of this chapter, where accurate information about the
potential violation can be verified by the department.
(7) "Department" means the Jefferson County Department of Public Health.
(8) "Director" means the director of environmental public health at the department.
(9) "Health Officer" means the county health officer appointed in accordance with Chapter 70.05
RCW or the health officer's designee.
(10) "JCC" means the Jefferson County Code, as it now exists or is later amended.
(11)"Mitigate" means to take measures, subject to county approval, to minimize the harmful
effects of a violation where remediation is either impossible or unreasonably burdensome.
(12)"Or" means both or and and/or.
(13)"Outdoor places where children congregate" means any outdoor public place where children
congregate, including, but not limited to: real property under the control of childcare facilities
or schools, playgrounds, parks, beaches, athletic fields and stadiums.
(14) "Person" means person as that term is defined in RCW 1.16.080.
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(15) "Person responsible" means one or more owner, or in the case of leased or rented space the
lessee or other person in charge, of a public place or a place of employment.
(16) "Place of employment" has the same meaning as in RCW 70.160.020(3). For purpose of this
chapter, (1) Places of employment are not limited to places of businesses enclosed by walls;
and, (2) Unless used to provide licensed child care, foster care, adult care, or other similar
social service care on the premises, does not include a private residence or home-based
business.
(17)"Presumptively reasonable minimum distance" means a distance of twenty-five feet from
entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where
smoking is prohibited so as to ensure that tobacco smoke does not enter the area through
entrances, exits, open windows, or other means.
(18) "Public place" has the same meaning as in RCW 70.160.020(2). For purposes of this chapter,
"public place" includes all the public places where use of vapor products is prohibited by
Chapter 70.345.150 but does not include a private residence: (2) this Chapter regulates vaping
in public places
(19) "Retail outlet" means each place of business licensed to sell vapor products where vapor
products are sold to consumers. Retail outlet does not include any business licensed or
endorsed for the sale of marijuana by the Washington State Liquor and Cannabis Board.
(20) "RCW" means the Revised Code of Washington, as it now exists or is later amended.
(2 1) "Smoke" or "smoking" has the same meaning as in RCW 70.160.020(1).
(22) "Tasting" means trying or tasting a vapor product in a retail outlet where entry is restricted to
persons eighteen years or age or older and after January 1, 2020 entry is restricted to persons
twenty-one years of age or older, as specified by RCW 70.345.100.
(23) "Vape" or "Vaping" means the use of vapor products, or the act of inhaling or exhaling the
resultant vapor or aerosol from a vapor product.
(24)"Vapor Products" has the same meaning as in RCW 70.345.010(19). In addition, vapor
product includes any Electronic Nicotine Delivery System (ENDS) product regulated by the
United States Food and Drug Administration under Chapter V of the Federal Food, Drug and
Cosmetic Act. However, vapor product does not include any drug, device, or combination
product that has been approved by the United States Food and Drug Administration for legal
sales for use as a smoking cessation product or other medical purpose, and is marketed and
sold for such approved purpose. For purposes of this chapter, vapor products also includes
but not limited to, electronic cigarettes (or "e -cigarettes"), electronic nicotine delivery
systems, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs, vape
pens, steam stones, electronic juice (or "e juice"), batteries, chargers, cables, or similar
products or devices, as well as any parts that can be used to build or use such devices.
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(25) "Violation" means a violation of this chapter, after a complaint is received and that was
witnessed by department staff.
(26) "WAC" means the Washington Administrative Code, as it now exists or is later amended.
8.60.050 Smoking and Vaping Prohibited.
............................................................................................................................................................._................
(1) Smoking and vaping are prohibited in public places, places of employment, and outdoor places
where children congregate, except where preempted under state law
(2) Persons responsible for place regulated under this chapter shall prohibit smoking and prohibit
the vaping in such places by:
(a) Prohibiting smoking and prohibiting vaping in the public place or place of employment
and outdoor places where children congregate under their authority; and,
(b) Posting signs prohibiting smoking as required by Chapter 70.160 RCW and posting signs
prohibiting vaping as required by this chapter.
(3) No person may vape in any public place or in any place of employment, except for the purpose
of tastings within the premises of a licensed vapor product retail outlet that restricts entry to
its premises to persons eighteen years or older and after January 1, 2020 restricts entry to
persons twenty-one years or older, pursuant to RCW 70.345.
(4) No person may smoke or vape in any outdoor public place where children congregate,
including, but not limited to: real property under the control of child care facilities or schools,
playgrounds, parks, beaches, athletic fields and stadiums.
(5) No person may smoke or vape within the presumptively reasonable distance of an indoor
public place regulated under this chapter.
(6) Owners, or in the case of leased or rented space the lessee or other person in charge, of an
public place or a place of employment, shall prohibit smoking and vaping including within the
presumptively reasonable distance, as required under this section.
8.60.060 Required._SiBna .................................................................
...................................................................................................................................................................
(1) Owners, or in the case of leased or rented space the lessee or other person in charge, of a place
regulated under this chapter shall post signs prohibiting smoking and prohibiting the use of
vapor products.
(2) Signs prohibiting the use of vapor products may be combined with signs prohibiting smoking,
such as "No Smoking. No Vaping" or "No Smoking or Vaping Allowed" or "No Smoking or
Vaping Allowed within 25 Feet of Doorway or Entrance". Signs shall be posted conspicuously
at each building entrance.
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(3) The owner or other person in charge of an outdoor public place where smoking and vaping is
prohibited under this chapter shall post signs in appropriate prominent locations stating that
smoking and vaping is prohibited.
8.60.070 Administration and enforcement.
The department shall enforce this chapter regarding the duties of owners or persons in control of
public places and places of employment, through the following actions:
(1) Enforcement authority.
(a) The health officer shall have the authority to enforce the provisions of this chapter equally
on all persons.
(b) The health officer also is authorized to adopt rules consistent with the provisions of this
chapter for the purpose of enforcing and carrying out its provisions.
(c) If a conflict exists in this chapter, or in the interpretation of Chapter 70.160 RCW, the more
stringent regulation shall apply that better protects public health, welfare and safety.
(2) Right of Entry and Inspection.
(a) Whenever necessary to make an inspection to enforce or determine compliance with the
provisions of this chapter, and other relevant laws and regulations, or whenever the health
officer has cause to believe that a violation of this chapter has or is being committed, the
health officer or his/her duly authorized inspector may, in accordance with federal and state
law, seek entry of any building, structure, property or portion thereof at reasonable times
to inspect the same.
(b) If such building, structure, property or portion thereof is occupied, the inspector shall
present identification credentials, state the reason for the inspection, and request entry.
(3) Violations.
(a) Violations of this chapter may be addressed through the remedies and penalties provided
in this section.
(b) Each violation of this chapter shall be a separate and distinct offense and in the case of a
continuing violation, each day's continuance shall be considered a separate and distinct
violation.
(c) The health officer may investigate alleged or apparent violations of this chapter. Upon
request of the health officer, the person allegedly or apparently in violation of this chapter
shall provide information identifying themselves.
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(4) Voluntary Correction. Whenever the health officer determines that violation of this chapter
has occurred or is occurring for the first time, the health officer shall attempt to secure
voluntary correction pursuant to the procedures in this section.
(a) Warning letter. The health officer shall issue a warning letter. The warning letter shall
be addressed to the last known owner and/or person in charge and will be educational in
content, address the specific violations of this chapter that that may have occurred, and
what the duties and responsibilities of the owner are to comply with this chapter.
(b) Voluntary correction agreement. The person responsible for the alleged violation may
enter into a voluntary correction agreement with the department. The voluntary
correction agreement is a contract between the department and the person responsible for
the violation in which such person agrees to abate the alleged violation within a specified
time and according to specified conditions. The voluntary correction agreement will be in
lieu of the issuance of further citations. The voluntary correction agreement shall include
the following:
(i) The name and address of the person responsible for the alleged violation;
(j) The street address or other description sufficient for identification of the building,
structure, premises, or land upon or within which the alleged violation has occurred
or is occurring;
(k) A description of the alleged violation and a reference to the regulation, which has
been violated;
(1) The necessary corrective action to be taken, and a date or time by which correction
must be completed;
(m)An agreement by the person responsible for the alleged violation that the department
may enter the place and inspect the premises as may be necessary to determine
compliance with the voluntary correction agreement;
(n) An agreement that by entering into the voluntary correction agreement, the person
responsible for the alleged violation waives the right to a hearing before the health
officer under this chapter or otherwise, regarding the matter of the alleged violation
and/or the required corrective action.
(5) Notice and Order to Correct Violation.
(a) Issuance. Whenever the health officer determines that a violation of this chapter has
occurred or is occurring for the second time, he/she will issue a written notice and order to
correct violation to the owner or person in charge.
(b) Content. The notice and order to correct violation shall contain:
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(i) The name and address of the property owner or other persons to whom the notice and
order to correct violation is directed;
(ii) The street address or description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring;
(iii) A description of the violation and a reference to that provision of the regulation,
which has been violated;
(iv)A statement of the action required to be taken to correct the violation and a date or
time by which correction is to be completed;
(v) A statement that each violation of this chapter shall be a separate and distinct offense
and in the case of a continuing violation, each day's continuance shall be a separate
and distinct violation; and,
(vi)A statement that the failure to obey this notice may result in the issuance of a notice of
civil infraction (Class 1 civil infractions pursuant to RCW 7.80), and/or the assessment
of an administrative remedy, and/or, if applicable, the imposition of criminal penalties.
(c) Service of Order. The notice and order to correct violation shall be served upon the person
to whom it is directed, either personally or by mailing a copy of the order to correct
violations by first class and/ or certified mail postage prepaid, return receipt requested, to
such person at his/her last known address on file with Jefferson County for property tax
purposes. Proof of service shall be made at the time of service by a written declaration
under penalty of perjury executed by the persons affecting the service, declaring the time
and date of service and the manner by which service was made.
(6) Extension. Upon written request received prior to the correction date or time, the health
officer may extend the date set for corrections for good cause. The health officer may
consider substantial completion of the necessary correction or unforeseeable circumstances
that render completion impossible by the date established as a good cause.
(7) Supplemental Order to Correct Violation. The health officer may at any time add to, rescind
in part, or otherwise modify a notice and order to correct violation. The supplemental order
shall be governed by the same procedures applicable to all notice and order to correct
violations procedures contained in this chapter.
(8) Enforcement of Order. If, after any order is duly issued by the health officer, the person to
whom such order is directed fails, neglects, or refuses to obey such order, the health officer
may:
(a) Utilize any remedy or penalty under Section 04-0216-06.090 of this chapter;
(b) Abate the health violation using the procedures of this chapter; or,
(c) Pursue any other appropriate remedy at law or equity.
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(9) Monetary penalties. Any person, company firm, corporation, or other legal entity who
creates, maintains, or permits a nuisance, as defined under JCC 8.90.030(32) shall constitute
a civil violation. Each violation shall constitute a separate civil violation for each day or
potion thereto during which such violation is committed, continued, or permit. The Daily
monetary penalties that may be assessed under this chapter are as follows:
(a) First violation: $100.
(b) Second violation: $250.
(c) Subsequent violation: $500.
(10)Notice of Civil Infraction (Ticket)
(a) Whenever the health officer determines that a violation of this chapter has occurred or
is occurring for the third time, he/she will issue a Notice of Civil Infraction (Ticket) to
the owner and/or person in charge. Except as provided in Section 04-0216-06.070, the
violation of any provision of this chapter is designated as a civil infraction pursuant to
Chapters 70.160 and 7.80 RCW, Civil Infractions.
(b) The health officer may issue a notice of civil infraction pursuant to Chapter 70.160 RCW
and Chapter 7.80 RCW if the health officer has reasonable cause to believe that the person
has violated any provision of this chapter or has not corrected the violation as required by
a written notice and order to correct violation. Civil infractions shall be issued, heard and
determined as described in Chapter 7.80 RCW, and any applicable court rules.
(I I) Noncompliance Fees.
(a) Pursuant to the most current fee schedule adopted by the board of health, the department
may assess a noncompliance fee to an owner or person in charge for the following:
(i) The costs of the department's oversight and review required as a result of the health
officer's determination that an owner or person in charge is not in compliance with this
chapter and has not met the compliance dates specified in a notice and order to correct
violation; or,
(ii) Second and subsequent re -inspections conducted by the department in response to the
owner or person in charge not complying with the requirements outlined in a notice
and order to correct violation.
(b) Whenever the department assesses a noncompliance fee, the fee shall be due and
payable thirty (30) days after receipt of the invoice by the person responsible.
(12) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy,
the health officer may seek legal or equitable relief to enjoin any acts or practices or abate any
conditions that constitute or will constitute a violation of this ordinance, or rules and
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regulations adopted under it, or any state health law or regulation, or that otherwise threatens
public health.
8.60.080 Rebuttal of 25 -foot presumption.. .........................................
(1) Owners, operators, managers, employers, or other persons who own or control a public place
or place of employment may seek to rebut the presumption that twenty-five feet is a
reasonable minimum distance by making application to the director of the local health
jurisdiction in which the public place or place of employment is located. The presumption
will be rebutted if the applicant can show by clear and convincing evidence that, given the
unique circumstances presented by the location of entrances, exits, windows that open,
ventilation intakes, or other factors, smoke, and vapor will not infiltrate or reach the
entrances, exits, open windows, or ventilation intakes or enter into such public place or place
of employment and, therefore, the public health and safety will be adequately protected by a
lesser distance.
(2) An application for rebutting the Presumptively Reasonable Distance requirement may be
submitted to the director for consideration. The application must be accompanied by all of
following:
(a) An application fee as established in the most recent fee schedule approved by the board of
health;
(b) A written description of the proposed reduction in the separation distance requirement;
(c) A detailed map showing the specific area to be considered for a reduced separation
distance along with the location of all entrances, exits, windows that open, and ventilation
intakes within 25 feet of the proposed smoking area for smoking and vaping;
(d) A written explanation by the applicant describing why the presumptively reasonable
distance of 25 feet cannot be met and why consideration for a reduced separation distance
is necessary.
(e) A written justification from the applicant describing the clear and convincing evidence
they have gathered that demonstrates that given the unique circumstances presented by
the location of entrances, exits, windows that open, ventilation intakes or other factors,
smoke and vapor will not infiltrate into the facility.
(f) A written explanation from the applicant describing how they will monitor the
effectiveness of the reduced distance in keeping smoke and vapor from infiltrating into
the facility, and what action they will take if smoke and vapor is determined to be
entering the facility at a future time.
(3) The application for reduction in the twenty-five foot requirement applies only to the area
addressed in the application and not to the entire structure or any other area near or around the
facility.
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(4) Any approval taken on the application submitted will need to endure a reasonable test of time
and if future complaints are received against the facility because of second hand smoke,
exposure to vapors or aerosols, further inspections may be warranted and possible modification
or revocation of the approval may be required.
(5) At the time of ownership change or if any structural changes to the building, have occurred an
approved rebuttal is null and void and another rebuttal application must be submitted to the
department for review.
8.60.090 Administrative RemedY*....................................................._.........._............................ ..........
(1) Any person aggrieved by the contents of a notice and order to correct violation issued under
this chapter, or any enforcement action conducted by the department under this chapter, may
request, in writing, a hearing before the health officer. The appellant shall submit specific
statements in writing of the reason why the decision of the department was wrong.
(2) A request for a hearing shall submitted in writing to the health officer within ten (10)
business days of the action appealed within five (5) business days of the decision of the
department.
(3) Upon receipt of a request for a hearing, together with hearing fees, the health officer shall
notify the person of the time, date, and place of such hearing, which shall be set at a mutually
convenient time not less than five (5) business days, or more than thirty (30) business days
from the date the request was received.
(4) The health officer shall issue a written decision within thirty (30) business days, upholding or
reversing the department's action. The health officer may require additional actions as part of
the written decision.
8.60.100 Administrative Appeal of Health Officer Decision to the Board of Health.
(1) Any person aggrieved by the findings, conclusions of law or mandated actions that arise or
result from hearing before the health officer shall have the right to appeal the matter by
requesting a hearing before the board of health. Such notice of appeal shall be in writing and
presented to the health officer within five (5) business days of health officer's written
decision. The appellant shall submit specific statements in writing of the reason why the
written decision of the health officer is wrong, accompanied by a fee as established in the
current fee schedule approved by the board of health. The appellant and the health officer
may submit additional information to the board of health for review.
(2) The notice and order to correct violation shall remain in effect during the appeal. Any person
affected by the notice and order to correct violation may make a written request for a stay of
the decision to the health officer within five (5) business days of the health officer's decision.
The health officer shall grant or deny the request within five (5) business days.
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(3) Upon receipt of a timely written notice of appeal together with the hearing fee, the health
officer shall set a time, date, and place for the requested hearing before the board of health
and shall give the appellant written notice thereof. Such hearing shall be set at a mutually
convenient time not less than five (5) business days or more than thirty (30) business days
from the date the written appeal was received by the health officer.
(4) Any decision of the board of health shall be final and may be reviewed by an action filed in
superior court.
(5) Any action to seek judicial review the board of health's decision must be filed within thirty
(30) business days of the date of the decision.
8.60.110Judicial Review.
............................. -.1--.1 ...............................................................
A person or entity aggrieved by a final decision of the board of health may seek judicial review
of the final decision of the board of health in superior court as described within Chapter 34.05
RCW, the Administrative Procedure Act.
8.60.120 Severability.
........._.........................._....._....................__..................... .......................... .............................. .............. ................ _.
The provisions of this chapter are declared separate and severable. If any provision of this chapter
or their application to any person or circumstances are held invalid, then the remainder of this
chapter or application of this chapter to other persons or circumstances shall remain valid and
unaffected.
8.60.130 Limitations.
............................................................................
(1) Nothing in this chapter is intended to abridge or alter the rights of action by the state, other
entities, and the health officer or by persons, which exist in equity, common law or other
statutes to abate non-compliance with this chapter.
(2) Nothing in this chapter preclude or prohibit any property owner from implementing "no
smoking" and/or "no vaping" policies that are more restrictive than this chapter, on, or within,
any property or structures under their control.
(3) Nothing in this chapter shall prevent the owner, lessee or person in charge, of a private place
or area that is not a place of employment from prohibiting or allowing the use of vapor products
within that place or area.
(4) This chapter are not intended to restrict smoking or vaping in private facilities that are
occasionally open to the public, except upon the occasions when a facility is open to the public.
8.60.140 Warning and Disclaimer of Liability. ............ ......... ........................._............................................. ................. ___ .......................................
...,...
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Compliance with the requirements of this chapter does not make smoking, second hand smoke or
vaping safe. Nothing contained in this chapter is intended to be, nor shall be construed to create
or form the basis for any liability on the part of Jefferson County, the department, the board of
health, or their officers, employees, volunteers or agents, for any injury or damage resulting from
the failure of any person subject to this chapter to comply with this chapter, or by reason or in
consequence of any act or omission in connection with the implementation or enforcement of this
chapter.
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