Chapter 6.72 SMOKING*
Section 6.72.100 Enforcement.
A. This chapter, and those provisions
of state law which provide for complete one hundred
(100) percent smoking prohibition in enclosed places of employment under Section 6404.5 of the
California Labor Code, shall be enforced by the county health officer or appropriate designee.
B. Notice of the provisions set forth
in this chapter shall be given to all applicants for a
business license in the unincorporated areas of Alameda County.
C. Any citizen who desires to register
a complaint under this chapter may initiate
enforcement with the County Department of Health or appropriate designee.
D. The health department shall require,
while an establishment is undergoing otherwise
mandated inspections, a self-certification from the owner, manager, operator, or other person
having control of such establishment that all requirements of this chapter have been complied
with. Citations shall be issued by the Alameda County sheriff s department at the direction of
the health officer.
E. Any owner, manager, operator or
employee of any establishment regulated by this chapter
may inform persons violating this chapter of the appropriate provisions thereof.
F. The department of health shall
file a complaint with the California Division of
Occupational Safety and Health, Department of Industrial Relations against any employer who
has been found guilty of a third violation within twelve (12) months of the smoking restrictions
in Section 6404.5 of the California Labor Code.
G. Notwithstanding any other provision
of this chapter, a private citizen may bring legal
action to enforce this chapter. (Ord. 98-6 § 1 (part))